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PURCHASE AND SALE AGREEMENT FOR QUITCLAIM DEED AND TEMPORARY CONSTRUCTION EASEMENT THIS PURCHASE AND SALE AGREEMENT FOR QUITCLAIM DEED AND TEMPORARY CONSTRUCTION EASEMENT (hereinafter "Agreement") is entered into this 2D day of (\A.a.yd\, 2017 ("Execution Date"), between Wells Fargo Bank, N.A., a national banking association, 700 Washington Street, Suite 501, Vancouver, Washington, 98660 (hereinafter "Seller"), and City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "City"). W I T N E S S E T H : IT IS AGREED by and between the Parties as follows: Section 1. Purchase and Sale of Quitclaim Deed and Temporary Construction Easement. Seller agrees to sell and City agrees to purchase, on the terms and conditions of this Agreement, a Quitclaim Deed, more particularly described on Exhibit and Temporary Construction Easement for the construction, maintenance and repair of a sidewalk improvement located on certain adjacent property in, to, over, along, upon and across that certain real property ("Parcel") in the City of Moscow, Latah County, Idaho, more particularly described on Exhibit to be used by City for the construction, maintenance, operation, repair, and use as a sidewalk. The sale made pursuant to this Agreement shall be subject to any and all applicable federal, state and local laws, orders, rules and regulations. Section 2. Purchase Price. The purchase price for the Quitclaim Deed is One Thousand Six Hundred Two Dollars and Seventy Four Cents ($1,602.74), and the purchase price for the Temporary Construction Easement is Five Hundred Thirty Four Dollars and Twenty Four Cents ($534.24), for a total price of Two Thousand One Hundred Thirty Six Dollars and Ninety Eight Cents 136.98) to be paid by City to Seller. Section 3. Payment of the Purchase Price. The Purchase Price shall be paid by City, in the amount of Two Thousand One Hundred Thirty Six Dollars and Ninety Eight Cents ($2,136.98) and shall be paid to Seller in cash or by electronic funds transfer. Section 4. Time. PURCHASE AND SALE AGREEMENT FOR QUITCLAIM DEED AND TEMPORARY CONSTRUCTION EASEMENT; WELLS FARGO AND CITY PAGE 1OF13 ---PAGE BREAK--- 5 8 4 5 2 'l City may exercise all rights and stated intended purposes as provided in Agreement after the Parties have executed this Agreement. Section 5. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. Section 6. Entire Agreement. It is understood and agreed that all understandings and agreements, whether written or oral, heretofore had between the parties are merged in this Agreement, which alone fully and completely expresses their agreement, that neither party is relying upon any statement or representation not embodied in this Agreement, made by the other, and that this Agreement may not be changed except by an instrument in writing signed by both parties. IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate as of the date first herein written. SELLER Wells Fargo Bank, N.A. "!ent Davsident PURCHASE AND SALE AGREEMENT FOR QUITCLAIM DEED AND TEMPORARY CONSTRUCTION EASEMENT; WELLS FARGO AND CITY CITY City of Moscow, Idaho PAGE20F 13 ---PAGE BREAK--- 58452.? A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document. STATE OF w •njv'n COUNTY OF G\ Cl.c\L ACKNOWLEDGMENT ) ) SS. ) On mo Le I. 0 \1 before me, i r.e_ Notary Public, .rpersonally appeared Joshua Gutzwiler, w o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State ofl}l!Ub that the foregoing paragraph is true and correct. WllNESS my hand and official seal. (Seal) NOTARY PUBLIC STATE OF WASHINGTON STEPHANIE MCGUIRE MY COMMISSION EXPIRES February 05, 2018 PURCHASE AND SALE AGREEMENT FOR QUITCLAIM DEED AND TEMPORARY CONSTRUCTION EASEMENT; WELLS FARGO AND CITY PAGE3OF13 ---PAGE BREAK--- A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN FRANCISCO ) On before me, Notary Public, personally appeared David Danis, who proved to me on the basi satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the withi · ument and acknowledged to me that he/she/they executed the same in his/her/their orized capacity(ies and that by his/her/their signature( s) on the instrument the person , or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PER foregoing paragraph is true and corr under the laws of the State of California that the Notary Public (Seal) PURCHASE AND SALE AGREEMENT FOR QIBTCLAIM DEED AND TEMPORARY CONSTRUCTION EASEMENT; WELLS FARGO AND CITY PAGE40F 13 ---PAGE BREAK--- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 5 F°fl.At1.CA"5r.o On _3 before me, Date Here Insert Name and Title of Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name isJt!re subscribed to the within instrument and acknowledged to me that he/el=teAFiey executed the same in his.4;!9r,l4:1iJeir authorized capacity(o). and that,gy hisA=te1"i'tleir signature on the instrument the person())!, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signat,i: Signature of Notary Pfi5iic Place Notary Seal Above ./012345 OPTIONAL ƆƇƈƉƊƋƌƍ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _ Number of Pages: Signer(s) Other Than Named Above: _ _ Capacity(ies) Claimed by Signer(s) Signer's 0 Corporate Officer - Title(s): _ _ _ 0 Partner - D Limited D General 0 Individual CJ Attorney in Fact 0 Trustee []Guardian or Conservator 0 Signer Is Representing: _ Signer's Name: _ _ _ D Corporate Officer - Title(s): _ _ [J Partner - 0 Limited D General 0 Individual I] Attorney in Fact 0 Trustee Guardian or Conservator 0 Other: Signer Is Representing: _ ¥;úûü ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-[PHONE REDACTED]) Item #5907 ---PAGE BREAK--- EXHIBIT QUITCLAIM DEED WELLS FARGO BANK, N.A., a national banking association, 700 Washington Street, Suite 501, Vancouver, Washington, 98660 (hereinafter "GRANTOR"), for good and valuable consideration, the receipt of which is hereby acknowledged, does hereby quitclaim and convey unto City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "GRANTEE"), and to GRANTEE's heirs and assigns forever, all of the following described real estate located in Latah County, Idaho, to wit: A sti-ip of land across a portion of that certain parcel of land described in the Warranty Deed dated August 5t11, 1987 and recorded as Instrument No. 361174, records of said Latah County, being situated in the NE lf.i of said Section 18, Township 39 North, Range 5 West, Boise Meridian, City of Moscow, Latah County, Idaho, described as follows: Commencing at the northeast comer of said Section 18 (from which the North lf.i comer of said Section bears South 87°45'09" West, a distance of 2,673.56 feet), thence South 87°45'09" West, a distance of 1,208.50 feet along the north line of said Section to a point (when measured at right angles) to the northeast comer of a parcel of land described in said Warranty Deed, thence leaving said north line South 02°14"51" East, a distance of 37.31 feet, more or less, to the northeast comer of said Warranty Deed, said point being the POINT OF BEGINNING; thence along the east line of said Warranty Deed South 36°45'31" East, a distance of 3.66 feet; thence leaving said east line South 88°16'49" West, a distance of 42.36 feet, more or less, to the west line of said Warranty Deed; thence along said West line North 36°38' 11" West, a distance of 3.66 feet, more or less, to the northwest comer of said Warranty Deed; thence along the north line of said Warranty Deed North 88°16'49" East, a distance of 42.35 feet to the POINT OF BEGINNING. Said portion contains 127 square feet, more or less. TOGETHER with all and singular, the rights and appurtenances pertaining to such real property, including any and all timber, water rights, mineral rights, easements, rights-of-way and any and all improvements constructed thereon. This conveyance is made subject to all easements and other matters of public record affecting such real property and Grantee hereby accepts such real property in its "as-is" condition, with all faults as of the date hereof. PURCHASE AND SALE AGREEMENT FOR DEED AND TEMPORARY CONSTRUCTION EASEMENT; WELLS FARGO AND CITY PAGE 5OF13 ---PAGE BREAK--- i8452? IN WITNESS WHEREOF, GRANTOR has hereunto set their hand and seal this 9 day of ty\tl.J\..C&v , 2017. GRANTOR GRANTEE Wells Fargo Bank, N.A. City of Moscow, Idaho David Danis, Vice President PURCHASE AND SALE AGREEMENT FOR QIBTCLAJM DEED AND TEMPORARY CONSTRUCTION EASEMENT; WELLS FARGO AND CITY PAGE60F 13 ---PAGE BREAK--- 58452? A notary public or other officer compleLing this certificate verifies only the idenmy of the individual who signed the document ro which chis certificate 1s anached. and not the truthfulness. accuracy, r validity of the document. ACKNOWLEDGMENT STATE OF /l I ) SS. COl.JNTY OF ) On _btia,tC{)t---2!21 U>/7 before me, Sl:t Oh_1u1{ J11 C&lJ 1' re_ . Notary Public. personally appeared Joshua Gutzwiler, who Ptoved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their s1gnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. T certify under PENALTY OF PERJURY under the laws of the State of lJa_ foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (Seal) ' $lulu Notary Public NOTARY PUBLIC STATE OF WASHINGTON STEPHANIE MCGUIRE MY COMMISSION EXPIRES Februƅry 05, 2018 Pt1«.c1 •÷SI! NV A...E ·\vR!!EMDn fOR 01 1 rct.,...rM DEr.ll \NC fEM!'UltAR . (o:-.is·;1tll :TlCl F.MEN'r. WCLLø F, RC' õ:-m Crö· PAGE7 OF 13 ---PAGE BREAK--- A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN FRANCISCO ) On before me, Notary Public, personally appeared David Danis, who proved to me o e basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to "thin instrument and acknowledged to me that he/she/they executed the same in his/he eir authorized capacity(ies and that by his/her/their signature(s) on the instrument the son(s), or the entity upon behalf of which the person( s) acted, executed the instrument. I certify under PENAL TY OF PE foregoing paragraph is true and Y under the laws of the State of California that the Notary Public (Seal) PURCHASE AND SALE AGREEMENT FOR QUITCLAIM DEED AND TEMPORARY CONSTRUCTION EASEMENT; WELLS FARGO AND CITY PAGE80F 13 ---PAGE BREAK--- 5 8 4 5 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 '(.)*ral<'+,-./012345 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of fr .N1. c.c" 5 ) ) On _ . before me, e. rq_\ tll-t_ 1_1)_S Nuo.\-vo.iw,_H Date Here Insert Name and Title of Officer pemonally appeared 0 12345- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name!X) isJ8re subscribed to the within instrument and acknowledged to me that l1e/ol:ieltl"ley executed the same in his/Al!lF141:ieir authorized capacity(ilfS), and that 13..Y hisAleFA:l:ieir signaturen on the instrument the persono, or the entity upon behalf of which the personp acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ 0 Corporate Officer - Title(s): _ D Partner - 0 Limited 0 General D Individual Attorney in Fact 0 Trustee Guardian or Conservator 0 Signer Is Representing: Signer's 0 Corporate Officer - Title(s): _ _ _ _ 0 Partner - 0 Limited D General 0 Individual I] Attorney in Fact 0 Trustee 1: I Guardian or Conservator 0 Other: Signer Is Representing: _ % · & ©2014 National Notary Association · www .NationalNotary .org • 1-800-US NOTARY (1-[PHONE REDACTED]) Item #5907 ---PAGE BREAK--- S87'45'09"W 2673.5£ îï__:.ð-=-=ñòó ' ' 6TH STREET ' ' ' 5 8 4 5 2 40 SCALE IN FEET 1208.50' í "1 - I 07 08 18 17 ' N 0 - - ss-- LINE TABLE LINE# DIRECTION LENGTH L1 S36"45'31"E 3.66' L2 N36"38'11"W 3.66' LEGEND POINT OF BEGINNING POB L2 PROPOSED SEWER LINE - - - - ss EXISTING R-0-W R/W PROPERlY LINE -ru •t PURCHASE AND SALE AGREEMENT FOR QUITCLAIM DEED AND TEMPORARY CONSTRUCTION EASEMENT; WELLS FARGO AND CITY FIRST SECURllY BANK OF IDAHD PARCEL: 180220 WARRANTY DEED NO. 361174 127 SQ. FT. ± RIGHT-OF-WAY ACQUISITION 424 SQ. FT. ± TEMPORARY CONSTRUCTION EASEMENT EXHIBIT RIGHT-OF-WAY ACQUISITION CITY OF MOSCOW NE 1 /4 SEC. 18, T39 N, AS W, B.M. PAGE90F 13 ---PAGE BREAK--- 58452,'( EXHIBIT TEMPORARY CONSTRUCTION EASEMENT WELLS FARGO BANK, N.A., a national banking association, 700 Washington Street, Suite 501, Vancouver, Washington, 98660 (hereinafter "GRANTOR") (hereinafter "GRANTOR"), owner ofreal property affected hereby, in consideration of Five Hundred Thirty Four Dollars and Twenty Four Cents ($534.24) 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 (hereinafter "GRANTEE"), and its agents and assigns, temporary construction easement, including the right to enter upon, occupy, and use property located in the City of Moscow, Latah County, State ofldaho, to wit: An easement comprised of a strip of land across a portion of that certain parcel of land described in the Wananty Deed dated August 5th, 1987 and recorded as fustrument No. 361174, records of said Latah County, being situated in the NE Y4 of said Section 18, Township 39 North, Range 5 West, Boise Meridian, City of Moscow, Latah County, Idaho, described as follows: Commencing at the northeast comer of said Section 18 (from which the North 'l4 comer of said Section bears South 87°45'09" West, a distance of 2,673.56 feet), thence South 87°45'09" West, a distance of 1,208.50 feet along the north line of said Section to a point (when measured at right angles) to the northeast comer of a parcel of land described in said Warranty Deed, thence leaving said north line South 02°14"51" East, a distance of 3 7.31 feet, more or less, to the northeast comer of said Warranty Deed, thence along the east line of said Warranty Deed South 36°45'31" East, a distance of 3.66 feet, said point being the POINT OF BEGINNING; thence along said east line South 36°45'31" East, a distance of 12.21 feet, thence leaving said east line South 88°16'49" West, a distance of 42.39 feet, more or less to a point on the west line of said Warranty Deed, thence along said west line North 36°38' 11" West, a distance of 12.20 feet, thence leaving said west line North 88°16'49" East, a distance of 42.36 feet more or less, to the POINT OF BEGINNING. The above Temporary Construction Easement contains 424 square feet, more or less. For the purpose of ingress and egress required during construction of the City of Moscow 61h Street Project by the GRANTEE or its agents or contractors. GRANTEE, its agents or transferees, shall have the right of access over, across, and upon said easement area during said construction. GRANTEE shall provide GRANTOR prior written notice of the commencement of work (minimum two weeks advanced notice). PuRCHASE AND SALE AGREEMENT FOR DEED AND TEMPORARY CONSTRUCTION EASEMENT; WELLS f ARGO AND CITY PAGE lOOF 13 ---PAGE BREAK--- 58452.? GRANTEE shall have ninety (90) days to complete work following commencement of work with commercially reasonable efforts to minimize any interruption to normal ATM access and use during construction work. GRANTOR shall be held harmless and indemnified by GRANTEE from and against any liens, injuries, property damage or other claims arising out of or in any way related to the GRANTEE' s work as allowed by law. GRANTEE shall not store any materials (including without limitation any Hazardous Materials), equipment, vehicles, trucks, supplies or tools on GRANTOR's property. GRANTEE agrees to take the property (both the permanent and temporary property) in their as is, where-is condition with all faults, subject to all matters of record or which would be disclosed upon inspection without any representations or warranties of any kind from GRANTOR. GRANTEE shall leave said easement area in the same or better condition (including ADA compliant access) at the completion of said project. Any damage to GRANTOR's property shall be repaired by GRANTEE. 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 Easement shall run with the land and shall bind GRANTOR and GRANTEE, their heirs and assigns and shall be in effect until completion of said City of Moscow 61h Street Project, as determined by the Moscow City Engineer. IN WITNESS WHEREOF, GRANTORS hereby sign: Wells Fargo Bank, N.A. Vice PresidĴnt PuRCHASE AND SALE AGREEMENT FOR QIBTCLAIM DEED AND TEMPORARY CONSTRUCTION EASEMENT; WELLS FARGO AND CITY PAGE 11 OF13 ---PAGE BREAK--- 58452? .A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document. STATE OF U1.\hin:J® coUNTY oF CirLc L ACKNOWLEDGMENT ) ) SS. } On -111.a,{cb 20; 2o/7 before me, Qj,b' IJlan . Notary Public, personally appehred Joshua Gutzwiler, *d to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument. r certify under PENALTY OF PERJURY under the laws of the State of JJ.n.Sbi.fl'4.i:DXJ that the foregoing paragraph is true and correct. · J WITNESS my hand and official seal. (Seal) NOTARY PUBLIC STATE OF WASHINGTON STEPHANIE MCGUIRE MY COMMISSION EXPIRES February 05, 2018 PURCHASE AND SALE AGREEMENT FOR QUJTCLAJM DEED AND TEMPORARY CONSTRUCTION EASEMENT; WELLS FARGO AND CITY PAGE 120F 13 ---PAGE BREAK--- A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN FRANCISCO ) On before me, Notary Public, personally appeared David Danis, who proved to me on the b of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the wit · mstrument and acknowledged to me that he/she/they executed the same in his/her/thei thorized capacity(ies), and that by his/her/their signature(s) on the instrument the perso , or the entity upon behalf of which the person( s) acted, executed the instrument. I certify under PENAL TY OF PE foregoing paragraph is true and cor under the laws of the State of California that the WI1NESS my hand and o Notary Public (Seal) PURCHASE AND SALE AGREEMENT FOR QUITCLAIM DEED AND TEMPORARY CONSTRUCTION EASEMENT; WELLS FARGO AND CITY PAGE 13OF13 ---PAGE BREAK--- 5 8 4 5 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 56-n FrN1.c..t"5UJ ) ) On _ before me, _l Date Here Insert Name and Title of Officer personally appeared -6.D 89- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name subscribed to the within Instrument and acknowledged to me that he/ei=lei'tl'lay executed the same in histi=lei:A:l'leir authorized capacity(o). and that.,gy his/.Rer1'4Reir signaturep on the instrument the personOO, or the entity upon behalf of which the persongsJ acted, executed the instrument. Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatu!J;& Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's 0 Corporate Officer - Title(s): _ D Partner - D Limited D General D Individual 0 Attorney in Fact D Trustee [J Guardian or Conservator D Signer Is Representing: _ _ Signer's Name: _ D Corporate Officer - Title(s): _ _ [J Partner - D Limited Cl General D Individual I] Attorney in Fact D Trustee I: I Guardian or Conservator D Other: Signer Is Representing: _ è éêëì ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-[PHONE REDACTED]) Item #5907