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REAL ESTATE TRANSFER AGREEMENT BET\VEEN CITY OF MOSCO\V, IDAHO AND LATAH COUNTY, IDAHO THIS AGREEMENT is entered into this 2f!:- day of 2004, by and between City of Moscow, Idaho, a Municipal Corporation of the Stat of Ic aho (hereinafter referred to as "CITY") and Latah County, Idaho, a political subdivision of t e State of Idaho (hereinafter referred to as "COUNTY") for the purpose of transferring a non-exclusive easement to City of Moscow, Idaho for sanitary sewer use. WITNESS ETH: WHEREAS, COUNTY is record owner of property generaiiy known as the Latah County Fairgi;ounds; and WHEREAS, CITY desires to install and maintain a new sanitary sewer line connecting to the existing line located on the Latah County Fairgrounds; and WHEREAS, COUNTY believes it to be in the best interest of the public to transfer a non exclusive easement to CITY for sanitary sewer purposes; and WHEREAS. Idaho Code § 67-2322 allows for conveyance or transfer of property to be made without consideration or payment when it is in the best interest of the public in the judgment of the governing body of the granting unit (in this case COUNTY); NOW, THEREFORE, CITY and COUNTY hereby agree as follows: COUNTY shall transfer permanently to CITY by Quitclaim Deed a non-exclusive easement for installation and maintenance of a sanitary sewer line as attached. II. This transfer is made without monetary payment from CITY to COUNTY. However, for and in consideration of this transfer. CITY agrees to be solely responsible for any and all costs related to the installation and/or maintenance of any sewer line installed on the subject property, as vvell as to re place or repair any and all damage or injury to real or personal property of others occasioned by CITY' s installation, use and/or maintenance of such easement. COUNTY is not precluded from making full use of the real property subject to this easement. IN WITNESS WHEREOF, the parties cause this AGREEMENT to be executed to be effective the day and year first set forth above. ff& day of_ , 2004. This AGREEMEa pproved by the Moscow City Council at their regular meeting on the REAL ESTATE TRANSFER AGREEMENT: Page 1 2004-32 ---PAGE BREAK--- on the JAR.F day of 2004. This AGREEM!. . 'NT wa ed by the Latah County Commissioners at their regular meeting l LATAH COUNTY: B J ohn . "Jack" Nelson Com:lt\ issioner Tom Stroschein Commissioner • ! 7h. / u !y ( j !Date signed; REAL ESTATE TRANSFER AGREEMENT: Page 2 CITY OF MOSCOW: / ATTEST: ---PAGE BREAK--- PERMANENT SANITARY SE\VER EASE.VIENT KNOW ALL MEN BY THESE PRESENTS, that Latah County, a political subdivision of the State of Idaho, by and through the Board of Latah County Commissioners, 522 S. Adams, Moscow, Idaho 83843, GRA.NTOR, for value received, does hereby convey and dedicate unto the CITY OF MOSCOW, IDAHO, an Idaho municipal corporation, GRANTEE, 206 East Third Street, Moscow, Idaho 83843, a permanent sanitary sewer easement on, over, and across GRANTOR'S property located in the City of Moscow, Latah County, lclaho, as shown on the attached Exhibit A, and being more particularly described as follows: A 20.00 foot wide easement comprising of a portion of the Latah County Fairgrounds tract described in the Warranty Deed recorded in Book 128 of Deeds, page 175, records of said Latah County, with said easement being 10.00 feet each side of the following described centerline: Commencing at the southeast comer of the northeast quarter of Section Seventeen (17), Township Tnirty-nine (39) North, Range Five West, Boise Meridian, said point being a brass cap monument; thence N00°53' l 7"E a distance of 330.00 feet along the east boundary of said Section 17; thence N89°l 0'48"W a distance of 31.62 feet to an iron pin marking tbe northeast comer of the City of Moscow tract described in Warranty Deed No. 227501 on file with the Recorder's office of said county; thence continuing N89°10'48"W a distance of 409.70 feet along the north boundary of said City of Moscow tract; thence leaving said boundary, N51°20'22"W a distance of 97.80 feet to a point on the north boundary of an existing utility easement recorded as Instrument No. 482005 on file with the Recorder's office of said county and the TRUE POINT OF BEGINNING; thence continuing N51°20'22"W a distance of 56.53 feet to an existing sanitary sewer manhole and the terminus of this centerline description. Said existing manhole is located within an existing sanitary sewer easement recorded as Instrument No. 211622 on file with the Recorder's office of said county. for the purpose of constructing, operating, maintaining, and repairing and/or replacing a sanitary sewer line by the City of Moscow or its agents or contractors or franchised utility companies. GR_ANTOR, its successors and assigns. reserves the right to foil use and improvement uf the subject property as long as such improverncni docs not unreasonably interfere with GRA>-iTEE'S across said easeinent areas or vvith the construction. oper:ltion, n1aintenancc: repair and; or reconstruction of GRA:NTEE'S sewer line. C:il\.1\N'rl::E, its agents. and assigns shall have the right tt_) perJ-()rn1 any rnaintenance it rnay Jecn1 necessary or \vish to exercise in connectic)n \Vith the aforesaid se\ver line {including. but not lin1ited thereto. the right n1ake necessary repairs. Jlteration:s, and removals or replacement thereof)_ l:pon exercising these rights, GRANTEE shall restore the property and any improvements to their prior condition and shail cumpensatc GRANTOR, its successors or assignees cmd any affected third parties for anv damages suffered. ---PAGE BREAK--- It is expressly intended that these rights, burdens and restrictions shall run with the land, both dominant tenement and servient tenement and shall forever bind GRA>JTOR and GRA>JTEE, their successors and assigns, S - WIJEl'.;i; S / SEv'VER EASEMENT / / 20' "NIDE SANITARY SE'i\'ER EASf..MENT EXISTING EASEMENT 0 m N89'10'48"W 4-4LJ2' ' 409.70 l TRUE POINT OF BEGINN!NG FD. 5/8x OlA. REBAR1 C!TY OF MOSCOW SE-NE SEC.17,T.39N.,R.5W. FD. BRASS CAPPED_ MONUMENT, ONE- I I I ' $ Sf ! r . D m 0 0 z I 31.Js «J 100 GI\APHIC SCALE 0 100 I ( IN F'EET ) !NCH¯ 100 FT 200 I - - - l EXHIBIT r I I - I/ ---PAGE BREAK--- LATAHCOl'NTY BO_i\RD OF COJ:YIMISSIONERS MOTION AND ORDER P.O. Box 8068 + 522 S. Adams +Moscow, ID 83843 (208) 882-8580 +Fax: (208) 883-2280 [EMAIL REDACTED]. us COvUvIISSIONER _0ls _s_o MOVES TBA T THE BOARD: Approve the "Real Estate Transfer Agreement Between Citv and Moscow. Idaho and Lata..h Countv. Idaho" along the southern boundarv of the Latah Countv Fain_'Tounds. Said easement to be granted to Citv ofMoscow from Latah County pursuant to Idaho Code 67-2322. 2323 and 2324. For reasons set forth in said Agreement; effective July 19. 2004. Ckri