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, J - ' RERECORD 5 4 0 8 0 5 7 3 9 0 ij . ATTHE REQUEST OF Rerecorded to attach Exhibit ClOP.fllJ DATE & HOt1R fl ·tL 3: HENRIANNE K. WESTBERG PERMANENT UTILITY EASEMENT lATAH COUNTY c ADER FEE$ d - - Y· Ie.0-1JKL / [0P"J( atJf..O "I yfdJ. Moscow RE I, LLC., a Colorado limited liability company, GRANTOR, owner of real property affected hereby, for value received, 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 maintain the existing public storm sewer, including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: A non-exclusive easement, over the existing storm sewer, comprising a portion of that parcel of land described in the Record of Survey dated January 2ih. 2011 and recorded as Instrument No. 542551, records of said Latah County, as being parcel 5, commonly known as the spur track right-of-way, situated in the southeast quarter of Section 7, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, shown on the attached Exhibit and being more particularly described as follows: The most easterly 20' feet running parallel to the east property boundary of parcel 5 shared with the parcel RPM0560002003A described in Book 58 Deeds, Page 391, thence projected to the west property boundary of parcel RPM0560002002B. for the purpose of operating, maintaining, and repairing or replacing the existing public storm sewer the City of Moscow or its agents or contractors. The 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 utility. The 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 reasonable maintenance it may deem necessary or wish to exercise in connection with the aforesaid utility (including, but not limited thereto, the right to make necessary repairs, alterations, and removals or replacement thereof). Upon exercising these rights, GRANTEE she:!! 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK PERMANENT UTILITY EASEMENT Page 1 of 2 2-DJS- \DS ---PAGE BREAK--- REFIECORD 57 4 080 It is expressly intended that these burdens and restrictions shall run with the land and shall forever bind the GRANTOR, its heirs and assigns. GRANTOR: MOSCOW RE I, LLC. By Matt Miles, Manager ACKNOWLEDGEMENTS State of Colorado County of Montrose On this /0 day of .J u.Lf:Fs , 2015, before me, the undersigned, a Notary Public, in and for said State, pe onally appeared Matthew J. Miles, in his official capacity as Manager of Moscow RE I, LLC., known to me, and/or identified to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same on behalf of said company. . -0123422, - - JOl#I FRlGETTO NOTARY P UBLI C II l"ATE O F COLORADO # 2006'1008814 i i';O"TARY IDE"PIRES MARCH 24, 2018 ZOMMISS!ON " PERMANENT UTILITY EASEMENT NafYPublif ColradO Residing at: , / < [Q My Commission Expires: .3 ·alf Page 2 of2 573/00 ---PAGE BREAK--- THIRD S1REET CITY OF MOSCOW ENGINEERING DEPARTMENT MOSCOW, IDAHO \ S37' 2·r 49.00"E 283.640' RPM0560002003A N.l&' 38' 03.00"W 77.920' SCALE: ,H =sot EXHIBIT A DATE: DRAWN BY: CHK'O. BY: 6-15-201 5 8, BUVEL K. LILLY STORM SEWER EASEMENT LEADERSHIP CIRCLE, LLC. RPM 00000079000 ORAv.t4 DAlE BY: Jab No.: RPM05e(I0020028 so· 21· 03.oo·w so· i.7 03.oo•w 27.230' AmbaHador Auto Ec•emont.dwg CHK'D. BY: