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Public Right of Way Easement with Ada County Highway District for Creamery Property ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 05126/06 01:32 PM DEPUTY Bonnie Oberbilllg RECORDED-REQUEST OF Ada County Highway Disl AMOUNT .00 7 1111111111111111111111111111111111111 113613837413 PUBLIC RIGHT-OF-WAY EASEMENT THIS PUBLIC RIGHT-OF-WAY EASEMENT (the "Easement"), is made and entered into this 2. 3i-!! day at Ihtrl ' 2006, by and between The City of Meridian, an Idaho Municipal Corporation, relnafter referred to as "Grantor," and the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State ot Idaho, hereinafter referred to as "ACHO." 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 Lots 20 and 21 of the Amended Plat of Block No. 1 of the townsite of Meridian located in the SW ~ of Section 7, T3N, R1 E, Ada County, Idaho; Tax Parcel Number R5672000140; commonly referred to as the public parking lot located at 55 E. Broadway Avenue and depicted on Exhibits "A-1" and "A-2" attached hereto and by this reference incorporated herein (hereinafter "Servient Estate"). 1.2 ACHD has jurisdiction over the public rights-at-way and highways in Ada County, Idaho, and those which adjoin and are adjacent to the Servient Estate (hereinafter the "Dominant Estate"). 1.3 ACHD is vacating a portion of the alley in Block No. 1 of the Meridian townsite, specifically the portion(s) in or adjacent to Lots 1 through 9, depicted on Exhibit "A-1" as "Parcel 1 " and "Parcel 2" (hereinafter referred to as the "Creamery Alley Vacation"). The portion of the alley located in or adjacent to Lots 10 through 15 shall remain open to the public. 1.4 The Servient Estate is a developed public parking lot and is adjacent to the terminus of the portion of the alley to remain open to the public. 1.5 As a condition of approving the Creamery Alley Vacation, ACHD desires to obtain an easement and public right-at-way on, over and across the Servient Estate to provide access, connectivity, and circulation between the terminus ot the alley and E. Broadway avenue, and for the purposes hereinafter described, and, tor the consideration and on the terms and conditions hereinafter set torth, Grantor is willing to grant such easement and public right-ot-way to ACHD. Right-of-Way Easement, page 1 SECTION 2. Grant and Authorized Use: Non-exclusive Easement: Relocation. 2.1 Grantor hereby grants to ACHD a non-exclusive easement for a public right-ot-way on, over, under and across the Servient Estate for use by ACHD and the public, including but not limited to, members of the public driving vehicles, those who are pedestrians (as defined in Idaho Code, section 49-117) and those who are bicyclists, and for ingress and egress tor utilities to exercise their statutory rights to use the public right-of-way, if any. 2.2 The easement is being granted as a blanket easement on the Servient Estate and is not intended to interfere with the public parking uses thereon. The parties anticipate that the public right-of-way uses will take place in the drive aisle in the middle of the Servient Estate. 2.3 Because the parcels to the East and West ot the Servient Estate are expected to undergo redevelopment in the near future which may affect the configuration ot the public parking on the Servient Estate, Grantor hereby reserves the right to relocate the Easement upon the Grantor's property upon thirty days' prior written notice to ACHD. The parties then agree to execute, deliver and record an amendment to this document to evidence the relocation. SECTION 3. Imorovements: Reoair and Maintenance. 3.1 ACHD acknowledges that the improvements on the Servient are sufficient for the purposes of this non-exclusive easement and that no additional construction shall be required by Grantor. 3.2 Grantor agrees to maintain and repair the improvements at its sole cost and expense. SECTION 4. Indemnitication. Subject to the provisions of, and limits at liability set torth in, the Idaho Tort Claims Act, ACHD shall indemnify and hold harmless Grantor trom and against all claims, actions or judgments and expenses (including, without limitation, reasonable attorneys' fees incurred by Grantor in detense thereof) for damages, injury or death caused by or arising out ot the public's use of the Servient Estate for the purposes set forth in this Easement. Right-of-Way Easement, page 2 Subject to the provisions of, and limits at liability set forth in, the Idaho Tort Claims Act, Grantor shall indemnity and hold harmless ACHO from and against all claims, actions or judgments and expenses (including, without limitation, reasonable attorneys' fees incurred by Grantor in defense thereot) for damages, injury or death caused by or arising out of the public's use of the Servient Estate for the purposes of a public parking lot. SECTION 5. Attornevs Fees and Costs. In any suit, action or appeal therefrom to entorce or interpret this Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' tees. SECTION 6. Term: Extinauishment. 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 the remaining alley in Block 1 of the Meridian townsite is ever vacated, because the essential purpose of this Easement shall no longer exist. SECTION 7. Covenants Run with the Land. Throughout the term of this Easement, it shall be a burden upon the Servient Estate and shall be appurtenant to and for the benefit ot the Dominant Estate, and shall run with the land. SECTION 8. Exhibits. All exhibits attached hereto and the recitals contained herein are incorporated as it set forth in full herein. SECTION 9. Notices. All notices given pursuant to this Easement shall be in writing and shall be given by personal delivery, by United States Mail Certitied, 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 torth below. Grantor: City of Meridian, Attention City Clerk 22 East Idaho Avenue Meridian, Idaho 83642 ACHD: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714-6499 SECTION 10. Recordation. This Easement shall be recorded in the Official Real Property Records ot Ada County, Idaho. Grantor covenants to ACHO that ACHD shall enjoy the quiet and peaceful possession of the Servient Estate for the non-exclusive purposes granted herein; and, Right-at-Way Easement, page 3 (b) Grantor warrants to the ACHD that Grantor is lawfully seized and possessed ot the Servient Estate and has the right and authority to grant this Easement to ACHD. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year first set forth above. Grantor CITY OF MERIDIAN Jk~ \ \ \. \ \ I \ " f II !, "","., III" -..-..-" ..J (Jf,~~ 'II -.. "\~. _ ,~..,--t~;I':C,~, J':t., -, .~ '0 -:~ bY~ Tammy de B;;_\L ADA COUNTY HIGHWAY DISTRICT EXHIBIT LIST Exhibit "A" - Page 1 - Depiction ot Servient Estate on Amended Plat Exhibit "A" - Page 2 - Aerial depiction of Servient Estate. Right-ot-Way Easement, page 4 State of Idaho ) ) ss. County of Ada ) -9n- this .13vol day ot lY\fll ~ in the year 2006, before me, \ [Lr-o... f'<\. Gr-ee.n , a Notary Public in and tor 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 at 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 certiticate tirst above written. ......... ."<{2 J\. M. ,:.. .,,(' "'--\."~~._-~ ~~. . ''I<~'.- ~~ . .. ,/~OT~;.\~.. . , "I' ~ ,0-1. . f ~,-~. . ' I . . : : . . , . . . \ / . .~' , . \~ ,'. . ... ~ . .~~--.._J9.~~... ...OF ID~.. ....... jL0\lLfYL~ )~ Notary Public for the State ot Idaho Residing at rCl \[1 U)c..U My Commission expires 10-1 \- \ I , Idaho State of Idaho ) ) ss. County of Ada ) On t~i~ ~ ~ day of ~ I ,in the year 20 D.!q before me, SUo 5 Cc........ 1::::' "l eo. ~~ h. -k,.. , a Notary Public in and for the State of Idaho, personaily appeare William J. Schweitzer, know or identified to me to be the Director at the Ada County Highway District, the person who executed this instrument on behalf of said corporation, and acknowledged to me that such 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. ~--- ~~~r~~ Notary Public tor the State of Idaho (:) Residing at ~ , Idaho My Commission expires ~ - i - L 6l> 4 t' .,......."" "" S LA l.r "" ..," ..!>.y'f..' ...... O.t~ .... .' ~ e. """" .. .,ftt ,. ...~ \ i ~ I O'fA~,... ~ ~ :C;).+ \: . : _.- . ... - . . . ~ . :*~ (,:: ~ · PUB\..\ · . "... ... 0 ; . <1' '. .~ ~ ..' ..~. I'll ........ <'\ ~ .... ., .. 7' il t: \ Y .. ."1;6 .(.;, 0 (" ....9.. ............ Right-of-Way Easement, page 5 Exhibit "An - Paae 1 Depiction of Servient Estate on Amended Plat - HE A lot: .:.r. v" ~~ f,; ",..+ r. SROADwAY A~ "...' ..,...... - - - - - - - - - - - - - ----sIt..i..n- - - - - - - - - - - - - --r 1 1 I .. '&"u....I'.r I n~r'. u~..,,.. ." I I I a I I. ~ 1 I; .. I ~il @ @ a '9 <'!l Cj a ~ @ ~ @ e @ Q~ I > . 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