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WARRANTY DEED FOUNTAIN LIVING TRUST (trust instrument dated October 13, 1997), GRANTOR, for value received, does hereby grant, bargain, sell and convey unto the CITY OF MOSCOW, IDAHO, an Idaho municipal corporation, GRANTEE, 206 East Third Street, Moscow, Idaho 83843, the following described real property situated in the County of Latah, State of Idaho, and shown in Exhibit attached hereto: Two individual parcels of land being portions of 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, and situated in Section 19, Township 39 North, Range 5 West, shown on the attached Exhibit and described as follows, to wit: PARCEL Beginning at the northeast corner of said Lot 7 of the South Palouse Tracts; thence N88°59'50"W 25.15 feet along the north boundary of said Lot 7 to the northeast corner of that tract of land dedicated to the City of Moscow by Deed of Dedication No. 486487 on file with said Latah County; thence along the easterly boundary of said parcel, S47°14'47"W 66.69 feet; thence continuing along said boundary, N79°54'54"W 28.57 feet to a point on the south boundary of said Lot 7; thence along said south boundary, S60°09'35"E 113.55 feet to the southeast corner of said Lot 7; thence along the east boundary of said Lot 7, N02°!3'25"E 38.71 feet; thence leaving said boundary, N54 °07' 16"W 21.59 feet to a point of curvature; thence northerly 51.90 feet along a non tangent curve to the right having a radius of 23.81 feet, a central angle of 124 °52'38", and a chord which bears N21 °02'07"E 42.22 feet; thence S87°46' 35"E 4.36 feet to said east boundary of Lot 7; thence along said boundary, N02°13'25"E 5.77 feet to the point of beginning. Said parcel contains 3,675 square feet, more or less. PARCEL Commencing at the northeast corner of said Lot 7 of the South Palouse Tracts; thence N88°59'50"W 79.66 feet along the north boundary of said Lot 7 to a point on the boundary of that tract of land dedicated to the City of Moscow by Deed of Dedication No. 486487 on file with said Latah County and the TRUE POINT OF BEGINNING; thence continuing along said north boundary of Lot 7, N88°59' 50"W 41.46 feet to another point on said Deed of Dedication boundary; thence southeasterly along said Deed of Dedication boundary, 23.93 feet along a non-tangent curve to the left having a radius of 38.71 feet, a central angle of 35°25'06", and a chord which bears S62° 12' 44"E 23.55 feet; thence northeasterly 24.66 feet along another non-tangent curve to the left having a radius of 19.36 feet, a central angle of 72°59'40", and a chord which bears N63°34' 18"E 23.03 feet to the TRUE POINT OF BEGINNING. Said parcel contains 309 square feet, more or less. TOGETHER with all and singular, the rights and appurtenances pertammg to such real property, including any and all timber, water rights, mineral rights, easements, rights-of-way and any and all improvements constructed thereon. 526963 WARRANTY DEED ---PAGE BREAK--- 526993, GRANTOR does hereby covenant with said GRANTEE that GRANTOR is the owner in fee simple of said premises; that said premises are free from all encumbrances, except those to which this conveyance is expressly made subject and those made, suffered or done by GRANTEE; and subject to reservations, restrictions, dedications, easements, rights of way, and agreements, if any, of record, and general taxes and assessments for the current year, which are not yet due and payable, and that GRANTOR does and will warrant and defend the same from all lawful claims whatsoever. This Warranty Deed is executed by ELLA R. FOUNTAIN as one of the original Trustees under the trust instrument dated October 13, 1997, and by RONALD C. FOUNTAIN and STEVEN J. FOUNTAIN acting as Co-Trustees during the incapacity of PETER 0. FOUNTAIN, as provided by the trust instrument at page 3-3. Said incapacity is evidenced by the ORDER CONTINUING APPOINTMENT OF CO-CONSERVATORS entered on November 6, 1998 in case number SP-98-00118 in the District Court of the Second Judicial District of the State of Idaho, in and for the County of Latah, and by LETTERS OF CONSERVATORSHIP recorded as Instrument Number 434595, records of Latah County, Idaho. IN WITNESS THEREOF, GRANTOR(S) have hereunto set their hand and seal this _ day of nnuar GRANTOR: , 2009. FOUNTAIN LIVING TRUST c a ELLA R. FOUNTAIN, Trustee Jtiuu1-r CT STEVEN J. FOUNTAIN, Co-Trustee GRANTEE: CITY OF MOSCOW WARRANTY DEED RONALD C. FOUNTAIN, Co-Trustee PAGE 2 OF 3 ---PAGE BREAK--- State of 7£«-ie County of (a .J.-4 ACKNOWLEDGEMENTS On 200j" , 2009, ELLA R. FOUNTAIN pc"onally heiOona\ly OPI""'cd hcfocc me, who is personally known to me whose identity I proved on the basis of _ whose identity I proved on the oath/affirmation of _ _ _ _ _ a credible witness to be the signer of the above document, and he acknowledge State of ::z;;fdo County of &t,E8t Notary Public My Commission Expires: 12./z-z./of r 1 0 -zt?C' 'l , 2009, STEVEN J. FOUNTAIN personally appeared before me, who is personally known to me whose identity I proved on the basis of· _ whose identity I proved on the oath/affirmation of a credible witness Notary Public / My Commission Expires: q i 52fl993 WARRANTY DEED PAGE 30F 3 ---PAGE BREAK--- . . I . . . I I I see•o9'5B"W 444.01' SECTION LINE SOUTH PALOUSE TRACTS CHINESE VILLIAGE STATE OF IDAHO b 526953 Northeast Corner Section 19, Township 39 North, Range 5 West, Boise Meridian PLANTATION 20' WIDE ALLEY DEDICATION NORTHEAST CORNER LOT 7 SOUTH PALOUSE TRACTS LOT7 DEED OF DEDICATION- 2004 INST. NO. 486487 0.07 ACRES SOUTH PALOUSE TRACTS FOUNTAIN LIVING TRUST 0 EXISTING LIFT STATION STATE OF IDAHO PROPERTY SOUTHEAST CORNER LOT 7 SOUTH PALOUSE TRACTS 0 NEW LIFT STATION EXHIBIT WARRANTY DEED FOUNTAIN LIVING TRUST TO THE CITY OF MOSCOW JANUARY 2009 CITY LIMITS FOUNTAIN Scale = 1"=30'