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No. . ATTHR o E F: Ctty /?10St'd] DATE&HOUR: f.p-J-oq % SUSAN PETERSE PERMANENT PUBLIC UTILITY EASEMENT LA tH C UNTY RECORDER Fee$_ I f?b f .?rJ '3 . I rrb&/' FOUNTAIN LIVING TRUST (trust instrument dated October 13, 1997), GRANTOR, owner of real property affected hereby, in 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 permanent easement and right of-way in which to construct and maintain public utilities, including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: An easement situated in Section 19, Township 39 North, Range 5 West, shown on the attached Exhibit and described as follows, to wit: Beginning at the northeast corner of said Lot 7 of the South Palouse Tracts in the City of Moscow, Idaho, recorded in Book 4 of Plats, page 17, records of Latah County; thence S02°13'25"W 96.40 feet to the southeast corner of said Lot 7; thence S1 0°02'25"W 111.45 feet along the easterly right-of-way line of U.S. Highway 95 described in Right-of Way Deed No. 137288, on file with said Recorders office; thence leaving said right-of-way line, N4T24'58"E 41.28 feet; thence N04°07'09"E 178.25 feet to the south right-of-way line of a platted alley shown on said South Palouse Tracts plat; thence along said right-of-way line, N88°59'50"W 20.03 feet to the point of beginning. Said easement contains 3,860 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 public utilities. GRANTOR agrees that it and its heirs or assigns will not build or place any new encroachment thereon which will unreasonably interfere with the right of the GRANTEE. The 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 access. 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. 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 until such time this Easement is vacated by GRANTEE. PERMANENT PUBLIC EASEMENT Page 1 of 3 ---PAGE BREAK--- 526992 IN WITNESS WHEREOF, GRANTORS have hereunto set their hand and seal this _ of 1 2009 • GRANTOR: FOUNTAIN LIVING TRUST ftJ4jM ELLA R. FOUNTAIN, Trustee RONALD C. FOUNTAIN, Co-Trustee At1u STEVEN J. FOUNTAIN, Co-Trustee GRANTEE: CITY OF MOSCOW ATTEST: PERMANENT PUBLIC EASEMENT Page 2 of 3 ---PAGE BREAK--- State of _ _,;iaJ