Full Text
551681 ATE HOUR PERMANENT UTILITY EASEMENT Oln· 07· 1:-{J-Y SUSAN PETERSE / LATAH COUNTY RECOR FEE$ BYC1 8 & G Ventures, L.L.C., an Idaho limited liability company, GRANTOR, owner of real property affected hereby, for value received, do 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 and related appurtenances, including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: An easement comprising of a portion of that parcel of land described in the Quitclaim Deed dated August 5th, 2008 and recorded as Instrument No. 524136, records of said Latah County, being the former 50 foot wide railroad right-of-way commonly known as the Union Pacific Railroad Company (UPRR) right-of-way, situated in the northeast quarter of Section 18, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, shown on the attached Exhibit and being more particularly described as follows:. · Commencing at the north,east corner· of said Section 18, thence along the east line of said Sectipn :'18; S00°54'38'W, :;1490.97 feet; thence N36'38'03"W 58.51 feet to the southeast corner df the B & G Ventures, L.L.C. tract as shown on Record of Survey No.506751, records of said Latah County; thence contin.uing N36°38'03"W 672.65 feet along the northeasterly boundary of said tract to the TRUE POINT OF BEGINNING; thence continuing along said 9ouridary, N36°38'03"W 25 feet; thence leaving said boundary, S53°27'42"W 50 feet, parallel with and 24 feet distant of the southerly right-of-way line of College Street; thence S36°38'03"E 25 feet along the southwesterly boundary of said B & G Ventures, L.L.C. tract; thence leaving said boundary, N53°27'42"E 50 feet to the true point of beginning. Said easement contains 1250 square feet, more or less. for the purpose of constructing, operating, maintaining, and repairing or replacing public utilities and related appurtenances by 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 utilities. 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 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. 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. PERMANENT UTILITY EASEMENT Page 1 of2 ---PAGE BREAK--- 551681 It is expressly intended that these burdens and restrictions shall run with the land and shall forever bind the GRANTOR, its heirs and assigns. Dated this day of 2012. ACKNOWLEDGEMENTS State of :tda..iw County of On this c2tj day of , 2012, before me, the undersigned, a Notary Public, in and for said State, per nally appeared Larry D. Germer, in his official capacity as Manager of B & G Ventures, L.L.C., 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 PERMANENT UTILITY EASEMENT ---PAGE BREAK--- TRUE POINT OF BEGINNING N53.27'42"E 50' 551R1 NE Corner Section T.39N., R.5W., B.M. I \ + 0 &__.,.-PERMANENT UTILITY EASEMENT NOT TO SCALE EXHIBIT PERMENENT UTILITY EASEMENT FROM 8 & G VENTURES, L.L.C. TO THE CITY OF MOSCOW MAY 2012 0 . 0 z ---PAGE BREAK---