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' ' ' . Project No.: Parcel ID. No.: Key No.: County: 566232 NO._AT"ruo'OC7'io.G===-- AT THE REQUES T OF: rv /JP-N_1231,,,L! ;>:&HOUR . THE MILLER 1993 REVOCABLE LIVING TRUST !u"lMPETEifs·# PERMANENT EASEMENT LA 7- A H C':OUNTY EC RDER FEE$ sv, SIP-M-7564(004) w- 03546L02 03546 Latah THE MILLER 1993 REVOCABLE LIVING TRUST ("GRANTOR"), owner of real property affected hereby, in consideration of One Thousand Six Hundred Fourteen Dollars ($1,614) 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 non-exclusive Permanent Easement and Right-Of Way including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: An easement consisting 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, more particularly described on Exhibit attached hereto and incorporated herein by reference. Said easement contains 403 square feet, more or less. for the purpose of constructing, maintaining, and repairing or replacing a retaining wall and related accessories by GRANTEE or its agents or contractors. GRANTOR, its successors and assigns, reserves the right to improve said Permanent Easement area as long as such improvement shall not unreasonably interfere with the construction, operation, maintenance, repair and/or reconstruction of said retaining wall and related accessories. GRANTOR agrees that GRANTOR and GRANTOR's heirs or assigns will not build or place any new encroachment thereon which will unreasonably interfere with the right of the GRANTEE. GRANTEE, its agents or transferees, shall have the right to perform any maintenance GRANTEE may deem necessary or wish to exercise in connection with the aforesaid retaining wall and related accessories. 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 Permanent Easement shall run with the land and shall bind GRANTOR and GRANTEE, their heirs and assigns until such time this Permanent Easement is vacated by GRANTEE. 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 MILLER 1993 REVOCABLE LI VfNG TRUST PERMANENT EASEMENT PAGE I 0F4 ---PAGE BREAK--- 566232 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 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. IN WITNESS WHEREOF, GRANTOR has hereunto set its hand and seal this2 7 day of MAY , 201Y, GRANTOR: THE MILLER 1993 REVOCABLE LIVING TRUST By: 11.J.e,f L Title: U