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. . Project No.: Parcel ID. No.: Key No.: County: THE MILLER 1993 REVOCABLE LIVING TRUST TEMPORARY CONSTRUCTION EASEMENT STP-M-7564(004) 03546L02 03546 Latah THE MILLER 1993 REVOCABLE LIVING TRUST ("GRANTOR"), owner of real property affected hereby, in consideration of Three Hundred Thirty Five Dollars ($335) and other valuable consideration in hand paid, does hereby grant the City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 ("GRANTEE"), and its agents and assigns, a Temporary Construction Easement including the right to enter upon, occupy, and use property located in the City of Moscow, Latah County, Idaho, to wit: An easement comprised of that portion of the Northeast Quarter of the Southwest Quarter of Section 7, Township 39 North, Range 5 West, Boise Meridian, City of Moscow, Latah County, Idaho, being more particularly described on Exhibit attached hereto and incorporated herein by reference. Said easement contains 752 square feet, more or less. for the purpose of ingress and egress required during construction of the City of Moscow Street Project No. STP-7564(004) by GRANTEE or its agents or contractors. GRANTEE, its agents or transferees, shall have the right of access over, across, and upon said Temporary Construction Easement area during said construction. GRANTEE shall leave said Temporary Construction Easement area in a clean and neatly groomed condition at the completion of said project. Any damage to GRANTOR's property shall be repaired by GRANTEE. GRANTEE is granted the aforementioned rights, together with the rights and privileges of ingress and egress to and from said property for the above stated purposes. GRANTEE hereby agrees to save harmless and indemnify GRANTOR from any and all damages and expense arising because of any claim which may hereafter be presented by anyone for loss and damage or personal injury as a result of GRANTEE's construction of said improvements to the property of said Easements and any damage which may result to GRANTOR's property by reason of GRANTEE's construction of the improvements to the property of said Easements. GRANTEE shall indemnify GRANTOR against all costs, expenses, liabilities, losses, damages, injunctions, suits, fines, penalties, claims, and demands, including reasonable counsel fees, arising out of GRANTEE or GRANTEE's employees, agents, and MILLER 1993 REVOCABLE LIVING TRUST TEMPORARY CONSTRUCTION EASEMENT PAGE 1 0F4 ---PAGE BREAK--- I \ . . 566231 contractors during the construction and improvements to the property subject to this Easement and as a result of GRANTEE's or its employees', agents', or contractors' activities. GRANTEE and its employees, agents, and contractors shall not place or cause to be brought onto GRANTOR's property any hazardous or toxic substance, material, waste, or petroleum product that is or becomes regulated by any federal, state, or local governmental authority. In the event that such hazardous materials are brought onto GRANTOR's property, GRANTEE shall remove such materials as soon as possible. GRANTEE shall indemnify GRANTOR and defend and hold GRANTOR harmless from and against all loss, cost, damage and expense (including, without limitation, attorney's fees and costs incurred in the investigation, defense and settlement of claims) that GRANTOR may incur, directly or indirectly, as a result of or in connection with the assertion against GRANTOR of any claim relating to the presence or removal of any hazardous substance or other regulated material, or compliance, or non-compliance with any applicable environmental law, including claims relating to personal injury or damage to personal property as a result of GRANTEE' s construction or use of the property subject to this Easement. In the event legal or equitable action is instituted by any party hereto to enforce this Easement, or any part thereof, or to recover damages for any breach thereof, the prevailing party or parties in such suit or action shall be entitled to recover their reasonable attorney fees in said suit or action, to be fixed by the court, in addition to their costs and disbursements in such action. It is expressly intended that the rights, burdens and restrictions contained in this Temporary Construction Easement shall run with the land and shall bind GRANTOR and GRANTEE, their heirs and assigns and shall be in effect until completion of said City of Moscow Street Project if a contract has been awarded for construction as determined by the Moscow City Engineer, or for a period of ten (10) years, whichever occurs first. After the said ten (10) year period ends, this Temporary Construction Easement shall become null and void and of no further force and effect, except as to any liability CITY may have under this Easement for damages and claims as above set forth in this Easement. IN WITNESS WHEREOF, GRANTOR has hereunto set its hand and seal this 2 day of , 2014. GRANT OR: THE MILLER 1993 REVOCABLE LIVING TRUST By: f. 7 Title: MILLER 1993 REVOCABLE LIVING TRUST TEMPORARY CONSTRUCTION EASEMENT PAGE20F4 ---PAGE BREAK--- I GRANTEE: CITY OF MOSCOW, IDAHO MILLER 1993 REVOCABLE LIVING TRUST TEMPORARY CONSTRUCTION EASEMENT 566231 PAGE2A 0F4 ---PAGE BREAK--- STATE OF J::>PAH V ) ) SS. COUNTY OF t.A'T AM ) 566231 ACKNOWLEDGEMENTS On this ZR day of MA-'/ , 2014, before me, the undersigned, a Notary Public, in and for said State, personally appeared :Z::SB )C:L M' c..L § known to me, and/or identified to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed ' ' " ' % • • tt • / NO.,.A - - . . • r • ' . . - . . . - . . = = . p, . . $ d' '-'BllC / ' • • & . o '3111 OF STATE OF _ 11_1_1 , ' ) SS. COUNTY OF _ ) Notary Pub c for: 0 Residing at: ,,ua.cucAJ kl>A=tf.o My Commission Expir¨s: / Jz,1./z.t!.) 1 v r I On this day of 2014, before me, the undersigned, a Notary Public, in and for said State, personally appeared , known to me, and/or identified to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. MILLER 1993 REVOCABLE LIVING TRUST TEMPORARY CONST RUCT ION EASEMENT Notary Public for: _ Residing at: _ My Commission Expires: _ PAGE3 0F4 ---PAGE BREAK--- I o 4 , ' • I • 566231 EXHIBIT Project No. STP-M-7564 (004) Key No. 03546 Parcel 2 03546L02 Prepared: February 12, 2009 Temporary Easement That portion of the Northeast Quarter of the Southwest Quarter of Section 7, Township 39 North, Range 5 West, Boise Meridian, City of Moscow, Latah County, Idaho described as follows: COMMENCING at the South Quarter comer for said Section 7 said point being a 5/8" X 30" rebar with a 2" aluminum cap marked as shown on a Comer Perpetuation and filing recorded under instrument No. 393941; Thence North 01°01' 16" East along the North-South Mid-Section line, a distance of 1747.62 feet to Street centerline at station 18+88.50; Thence North 89°22'29" West along the centerline of said Street, a distance of 709.76 feet to centerline station 11+78. 7 4 Street; Thence North 00°37'31" East, a distance of 35.00 feet to a point on the East line of a parcel of land described in a Deed of Gift recorded under instrument No. 237854 also taken to be a point on the West line of a parcel of land described in Warranty Deed recorded under instrument No. 396891 said point being 35.00 feet left of centerline Station 11+78.74 of said Street, said point also being the TRUE POINT OF BEGINNING; Thence North 01°02'57" East along the East and West lines of said parcels, a distance of 6.00 feet; Thence South 89°22'29" East parallel with and 41.00 feet distant from said centerline, a distance of 66.54 feet to an angle point; Thence North 01°02'57" East, a distance of 19.00 feet to an angle point; Thence South 89°22'29" East parallel with and 60.00 feet distant from said centerline, a distance of 14.13 feet to a point on the East line of said Warranty Deed recorded under instrument No. 396891, said point taken to be on the West line of a parcel of land described in a Warranty Deed recorded under instrument No. 525337; Thence South 01°02'57" West along the West and East lines of said parcels, a distance of 25.00 feet to a point 35.00 feet left of centerline Station 12+59.40 of said Street; Thence North 89°22'29" West parallel with and 35.00 feet distant from said centerline, a distance of 80.66 feet to the TRUE POINT OF BEGINNING. CONTAINING: 752 square feet or 0.017 acres more or less. MILLER 1993 REVOCABLE LIVING TRUST TEMPORARY CONSTRUCTION EASEMENT PAGE4 0F4