Public Parking Lot Easement with Buich, Dave and Karen for City of Meridian Public Parking LotADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 18.00 6
z � % 7 T1 BOISE IDAHO 08/10/06 04:22 PM
DEPUTY Gail Garrett
' Y RECORDED -REQUEST OF
First American 106128228
EXHIBIT "A"
PUBLIC PARKING LOT EASEMENT
THIS PUBLIC PARKING LOT EASEMENT (the "Easement"), is made and entered into
this &r d day of a0l , 2006, by and between Dave and Karen Buich, husband and wife,
hereinafter referred to s `Buich" or "Grantor" and THE CITY OF MERIDIAN, an Idaho
Municipal Corporation, hereinafter referred to as "City" or "Grantee."
WITNESSETH:
FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED:
SECTION 1. Recitals.
1.1 Grantor owns the real property located in Ada County, Idaho more particularly
described as Lot 20 of the Amended Plat of Block No. 1 of the townsite of
Meridian located in the SW '/4 of Section 7, T3N, RIE, Ada County, Idaho
(referred to herein as "Lot 20"). Lot 20 is currently developed and used as the
easterly portion of a public parking lot located at 55 E. Broadway Avenue,
Meridian.
1.2 City operates a public parking lot on Lots 20 and 21, open for the use of the
general public. Pursuant to the terms of a Public Right of Way easement (Ada
County Instrument Number 106083740) the public parking lot also acts as a
traffic circulation link between the terminus of an adjacent alley to the south of
the parking lot and Broadway Avenue to the north.
1.3 As a condition of approving a real property exchange agreement between City and
BUICH, City desires to obtain an easement from BUICH over and across Lot 20
so that Lot 20 will remain open to the public for parking lot and circulation
purposes until such time as either adjacent property develops.
SECTION 2. Grant and Authorized Use,• Non-exclusive Easement; Relocation.
2.1 Grantor hereby grants to CITY a perpetual easement in gross upon, over across
and through Lot 20 for pedestrian and vehicular ingress, egress, and vehicle
parking for the benefit of the general public.
2.2 The easement on Lot 20 is intended to be used in conjunction with the balance of
the parking lot on Lot 21, owned by City.
2.3 Walls, buildings, curbs or other temporary or permanent structures will not be
constructed on Lot 20 that would in any material way restrict or limit the easement
granted herein for the purposes set forththerein.
Parking Lot Easement, page 1
IF
SECTION 3. Improvements; Repair and Maintenance
3.1 CITY acknowledges that the improvements on the Servient are sufficient for the
purposes of this easement and that no additional construction shall be required by
Grantor as a condition of this Easement.
3.2 City agrees to maintain and repair the improvements at its sole cost and expense.
SECTION 4. Indemnification.
Subject to the provisions of, and limits of liability set forth in, the Idaho Tort Claims Act,
CITY shall indemnify and hold harmless Grantor from and against all claims, actions or
judgments and expenses (including, without limitation, reasonable attorneys' fees incurred
by Grantor in defense thereof) for damages, injury or death caused by or arising out of the
public's use of the Lot 20 for the purposes set forth in this Easement.
Grantor shall indemnify and hold harmless CITY from and against all claims, actions or
judgments and expenses (including, without limitation, reasonable attorneys' fees incurred
by Grantor in defense thereof) for damages, injury or death caused by or arising out of the
public or private use of Grantor's adjacent real property.
SECTION 5. Attorneys Fees and Costs
In any suit, action or appeal therefrom to enforce or interpret this Easement, the
prevailing party shall be entitled to recover its costs incurred therein, including reasonable
attorneys' fees.
SECTION 6. Term; Extinguishment.
The term of this Easement is perpetual, unless amended or terminated by mutual
agreement of the parties. However, this Easement shall automatically terminate in the
event that either adjacent property develops (triggered upon the approval of a building
permit) because the current configuration of the public parking lot will no longer be
required and the essential purpose of this Easement shall no longer exist. The "adjacent
properties" referred to in this section of this agreement are commonly known as the Buich
parcel at the northeast corner of Main Street and Broadway, and the City Hall site on the
Creamery parcel to the west of Lot 22.
SECTION 7. Covenants Run with the Land.
Throughout the term of this Easement, it shall be a burden upon Lot 20 and shall for the
benefit of the general public, and shall run with the land.
Parking Lot Easement, page 2
SECTION 8. Notices.
All notices given pursuant to this Easement shall be in writing and shall be given by
personal delivery, by United States Mail Certified, Return Receipt Requested, or other
established express delivery service (such as Federal Express), postage or delivery charge
prepaid, addressed to the appropriate party at the address set forth below.
Grantor: Dave and Karen Buich
82 East State Street, Suite B"
Eagle, ID 83616
CITY: City of Meridian, Attention City Clerk
22 East Idaho Avenue
Meridian, Idaho 83642
SECTION 9. Recordation.
This Easement shall be recorded in the Official Real Property Records of Ada County,
Idaho.
Grantor covenants to CITY that the general public shall enjoy the quiet and peaceful
possession of the Lot 20 for the purposes granted herein; and, (b) Grantor warrants to the
CITY that Grantor is lawfully seized and possessed of the Lot 20 and has the right and
authority to grant this Easement to CITY, or that such right and authority shall exist at the
time this Easement is recorded in the Official Real Property Records of Ada County,
Idaho.
IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the
day, month and year first set forth above.
[END OF TEXT]
Parking Lot Easement, page 3
KAREN BUICH
Grantee
CITY OF MERIDIAN
Parking Lot Easement, page 4
rd, Mayor
T Attest- City Clerk
cb(M
State of Idaho)
) ss.
County of Ada)
O&n, tday of d, in
Notary Public
per onally appeared Dave Buich known or identified to me to
instrument and acknowledged to me that he executed the same.
IN VA
day and year
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State of Idaho )
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County of Ada)
the year 200' before me,
in and for the State of Idaho,
be the person who executed this
)F, I have hereunto set my hand and affixed my official seal the
rst above written.
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s
No ary Public f r the State of Idaho
Residing at t 'oK , Idaho
�•' My Commission expires /U D
O
this� l day of Ad , in the year 206 before me,
a Notary Public in and for the State of Idaho,
personally appeared Karen Buich known or identified to me to be the person who executed this
instrument and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
i. Not Public fqr the State of Idaho
t,OTA* j► Residing at ll/`� ,Idaho
,� ..•..� My Commission e hires /4 1 D
pUB LIC, ,
��'•i. ' CJS-
Parking Lot Easement, page 5
State of Idaho)
) ss.
County of Ada)
On
� this day of Lt( `' �'t in the year 2006, before me,
a Notary Public in and for the State of Idaho,
personally appeared Tammy de Weerd and William Berg, know or identified to me to be the
Mayor and City Clerk of the City of Meridian, Idaho, the persons who respectively executed and
attested this instrument on behalf of said municipal corporation, and acknowledged to me that
such municipal corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Parking Lot Easement, page 6
Notary Public for the State of Idaho
Residing at u t.(o4,� , Idaho
My Commission expires