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012:512 N o . - AT THE REQUEST OF: Ct rV IIL/oSt:o. DME & HOUR: • .J'o f PERMANENT PUBLIC UTILITY EASEMENT SUSANPETEiiSEN ' LATAH COUNTY RECORDER Fee$ A BY, c; rd._ THE McGREGOR COMPANY, a Washington corporation, whose current address is 401 ¥7 Airport Road, Colfax, WA 99111, GRANTOR, owner of real property affected hereby, in DEF consideration of one dollar and other valuable consideration in hand paid, does hereby grant the CITY OF MOSCOW, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho 83843, GRANTEE, and its agents and assigns, a non- exclusive public easement for the purpose of constructing and maintaining public utilities with any customary attachments and accessories, including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, as shown on the attached Exhibit and being more particularly described as follows: A 20 foot wide easement comprised of a portion of The McGregor Company tract described in Quitclaim Deed No. 533985, situated in the south half of the southeast quarter of Section 12, Township 39 North, Range 6 West, Boise Meridian, Latah County, Idaho, being more particularly described as follows: Commencing at a brass cap monument marking the south quarter corner of said Section 12, said monument recorded as Instrument No.307991 with the Recorder's office of said Latah County, with the center quarter corner of said Section bearing N0°13'04"E 2618.13 feet; thence N0°13'04"E 887.39 feet along the west line of the southeast quarter of said Section 12 to a point on the south right-of-way line of the former Palouse River Coulee City Railroad, said line also being the northerly boundary of the City of Moscow Wastewater Treatment Facilities, with said point being the TRUE POINT OF BEGINNING; thence S88°50'00"W 302.11 feet along said right of-way line; thence leaving said right-of-way line, N00°1 O'OO"W 20.00 feet; thence N88°50'00"E 337.62 feet parallel with and 20 feet distant of said south right-of-way line to the westerly boundary of an existing access and utility easement recorded as Instrument No.533781 with said County; thence along said existing easement boundary, S18°58'37"E 21.01 feet to said south right-of-way line; thence along said right-of-way line, S88°50'00"W 41.94 feet to the TRUE POINT OF BEGINNING. Said easement contains 6,817 square feet, more or less. GRANTOR, its successors and assigns, reserves the right to improve said easement area as long as such improvement shall not unreasonably interfere with the construction, operation, maintenance, repair and/or reconstruction of the utilities or customary attachments and accessories. GRANTOR agrees that it and its heirs or assigns will not build or place any new encroachment thereon which will unreasonably interfere with the rights of GRANTEE. GRANTEE, its agents or transferees, shall have the right to perform any maintenance it may deem necessary or wish to exercise in connection with the aforesaid utilities or customary attachments and accessories (including, but not limited thereto, the right to make necessary repairs, alterations, and removals or replacement thereof). Upon exercising these rights, GRANTEE shall restore the property to its prior condition. 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. PERMANENT PUBLIC UTILITY EASEMENT Page 1 of 2 Zol2..·£1CP ---PAGE BREAK--- 552619 It is expressly intended that the rights, burdens and restrictions contained in this Easement shall run with the land and shall bind GRANTOR and GRANTEE, their heirs and assigns. IN WITNESS WHEREOF, GRANTOR has hereunto set its hand and seal this _ _ day of GRANTOR: THE McGREGOR COMPANY By: Title: A_M_S_r_4J _ '2012. ACKNOWLEGEMENTS STATE oAJJ@)/..,'ff"' ) )ss COUNTY OF MJkijA-.. ) On this 7 4- day of ( , 2012, before me, a Notary Public of the State of k ' persob.red known or identified to me to be the person whose name is subscribed to the foregoing instrument and acknowledged Notary Public for the State of Residing at T-vK-6 Commission expires: No(). )o/3 PERMANENT PUBLIC UTILITY EASEMENT Page 2 of 2 ---PAGE BREAK--- Scale: 1" = 50' CENTERLINE 100' WIDE PALOUSE RIVER COULEE CITY RAILROAD RIGHT-OF-WAY, NOW OWNED BY THE MCGREGOR COMPANY N1'10'00"W 20.00' w PERMANENT 20' UTILITY EASEMENT TRUE POINT OF BEGINNING C