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PERMANENT UNDERGROUND UTILITY EASEMEN 1-"-.L.-%rn:r;&2.(.1Jt<-J BETWEEN CITY OF MOSCOW, IDAHO AND VERIZON NORTHWEST INC. KNOW ALL MEN BY THESE PRESENTS, that City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "GRANTOR"), owner of real property affected hereby, in consideration of one dollar and other valuable consideration in hand paid, do hereby grant Verizon Northwest Inc., a Washington corporation, 1800 418\ Everett, Washington, 98201 (hereinafter "GRANTEE"), a permanent underground utility easement in which to occupy, construct, install, inspect, and maintain all of the underground facilities necessary to provide communication service and related services, including the right to enter upon, occupy and use property located in the vicinity of the City of Moscow, Latah County, Idaho, to wit and as shown in Exhibit A attached hereto: Lot A, Block 1, Rolling Hills Addition No. 1 to the City of Moscow, Latah County, Idaho. For the purpose of constructing, operating, maintaining, preparing and/or replacing an underground communication utility by GRANTEE, its agents, representatives, transferees or contractors under the following conditions: 1. GRANTEE agrees to return this area to the pre-construction condition at GRANTEE'S expense upon six months prior written notice by GRANTOR of GRANTOR'S intent to utilize or improve the permanent easement described herein, unless GRANTOR determines to accept GRANTEE'S improvements, if any. 2. GRANTEE shall indemnify and save GRANTOR, its agents, and employees harmless from any and all claims, liabilities, losses, costs, charges or expenses to which GRANTOR may be put by reason of any negligent act or omission of GRANTEE on account of use of the permanent easement. If any action, claim or demand is made against GRANTOR for any negligent act or omission of GRANTEE, GRANTEE agrees to assume the expense and shall pay all costs, charges, attorney fees, settlements, judgments or other expenses incurred by or obtained against GRANTOR, including, but not limited to, defense of all legal claims against GRANTOR. 3. This easement shall expire upon six months prior written notice by GRANTOR of GRANTOR'S intent to utilize or improve the permanent easement described herein, unless otherwise determined by mutual agreement of GRANTOR and GRANTEE. GRANTEE is granted the aforementioned rights, together with the rights and privileges of ingress and egress to and from said lands across adjacent lands of GRANTOR, for the purpose of installing, inspecting or maintaining said facilities, and the right at any time to remove said facilities from said lands. PERMANENT UNDERGROUND UTILITY EASEMENT CITY AND VERIZON NORTHWEST PAGE 1 OF 3 ---PAGE BREAK--- 528694 GRANTEE shall not install, construct, or modify any facilities without prior review and approval of GRANTOR. GRANTOR and the heirs, successors, or assigns of GRANTOR hereby covenant and agree not to construct or permit to be constructed any structures of any kind on the easement area without notification to the GRANTEE. The rights, title, privileges and authority hereby granted shall continue to be in force until such time as the GRANTEE, its successors or assigns, shall permanently remove said facilities from said lands, or shall otherwise permanently abandon said facilities, at which time all such rights, title, privileges and authority hereby granted shall terminate. It is expressly intended that these burdens and restrictions shall run with the land and shall forever bind GRANTOR and GRANTEE, their heirs and assigns. IN WITN.f,fS WHEREOF, the parties have hereunto set their hands and seals this of AP r I ' 2009. zt.h day GRANTOR City of Moscow, Idaho PERMANENT UNDERGROUND UTILITY EASEMENT CITY AND VERIZON NORTHWEST GRANTEE Verizon Northwest Inc. PAGE20F 3 ---PAGE BREAK--- STATE OF -:£iu,ho COUNTOF Lo.h ) ) ss: ) 528694 ACKNOWLEDGMENT On this 77 day of n-J , 2009, before me, a Notary Public of the State of!daho personally appeared .5h i sftl vra s ' known to me to be the person named above and acknowledged to me that he executed the foregoing Permanent Easement as the duly authorized agent for V erizon Northwest Inc. PERMANENT UNDERGROUND UTILITY EASEMENT CITY AND VERIZON NORTHWEST PAGE30F3 ---PAGE BREAK--- PERMANENT UNDERGROUND UTILITY EASEMENT 90.00' n c::t N S r m oJw 3 GJ 3 - lb 90' r r- g BL D="H iv3i"'.ll ' 45 9• · If' I D='lO" R=90.00' L=4i.l2' v jC.=42.49' / N5"06'0'l"} T:3opo· c.n P 00 Q R