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PERMANENT PUBLIC UNDERGROUND UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that VIRGINIA MCDONALD, whose current address is 924 Public Avenue, Moscow, Idaho 83843 (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 permanent easement and right-of-way in which to construct and maintain public underground utilities including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: An easement located in the northwest quarter of the northeast quarter of Section 8, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, as shown on the attached Exhibit and more particularly described as follows: Beginning at the northwest corner of the northwest quarter of the northeast quarter of said Section 8; thence S89°03'35"E 750.00 feet along the north line of said Section 8; thence S0°42'32"W 712.73 feet along the east boundary of the Virginia McDonald tract to the TRUE POINT OF BEGINNING; thence S0°42'32"W 27.79 feet to the north right of-way line of Public Avenue; thence N89°03'35"W 214.82 feet along said right-of-way line; thence N83°34'00"E 216.54 feet to the TRUE POINT OF BEGINNING. Said easement contains 2985 square feet, more or less. For the purpose of constructing, operating, maintaining, and repairing or replacing public underground utilities by the City of Moscow or its agents or contractors or franchised utility companies. The GRANTOR, her 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. The GRANTOR agrees that she and her 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 utilities (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 and shall compensate GRANTOR, her successors or assignees, for any damages suffered. 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 these burdens and restrictions shall run with the land and shall forever bind the GRANTOR, her heirs and assigns. Page 1 9!1 ---PAGE BREAK--- IN WITNESS WHEREOF, she has hereunto set her hand and seal this J '7 day of 2000. GRANTOR: STATE OF ) )ss COUNTY OF rb; ) On this 27 day of 2000, before me, a Notary Public of the State of _ personally appeared known to me to be the person whose name is , . · ' ' ( 4 / . . . · · subS.: t( the foregoing instrument and acknowledged to me that she executed the %OTAJ?& tfl · . -s.am. - " · ::>u81.1c , . Notary Public for the State of Idaho Residing at Commission expires: Page 2 ---PAGE BREAK--- Northwest Corner NW Quarter, NE Quarter, Section 8, Township 39 North, Range 5 West, Boise Meridian SCALE: 1"=100' May 31,2000 sag•o3'35"E 1so.oo· 300.00' VIRGINIA McDONALD TRUE POINT OF BEGINNING PERMANENT PUBLIC UTILITY EASEMENT PUBLIC AVENUE EXHIBIT'A' PERMANENT PUBLIC UTILITY EASEMENT VIRGINIA McDONALD to the CITY OF MOSCOW