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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 e 7 3 ,,1QTA,k pUB i.�G op State of Idaho ) ) ss. 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. �a a 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