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537196 No. /lT THE F,EQUEST OF: .Wf¥-1 TEMPORARY WORK AREA EASEMENT AND u PERMANENT ECOSYSTEM RESTORATION EASEMENTLATAH- co uN1Y (LINE STREET) rw KNOW ALL MEN BY THESE PRESENTS, that City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "GRANTOR") and its successors and assigns, grants to The Regents of the University of Idaho, a public corporation, state educational institution, and a body politic and corporate organized and existing under the Constitution and laws of the State of Idaho (hereinafter "GRANTEE"), and in consideration of ONE DOLLAR and other valuable consideration in hand paid, receipt of which is hereby acknowledged: GRANTOR does hereby grant and convey to GRANTEE, its successors and assigns, a Temporary Work Area Easement , together with attendant customary uses as further described more particularly in Section A, hereinbelow, on that certain lot, tract or parcel of land situated in the County of Latah, State of Idaho, shown as Area in Exhibit attached hereto and more particularly described herein at Section A.2. In addition, GRANTOR does hereby grant and convey to GRANTEE, its successors and assigns, a Permanent Ecosystem Restoration Easement, together with attendant customary uses as further described more particularly in Section B, hereinbelow, on that certain lot, tract or parcel of land situated in the County of Latah, State of Idaho, shown as Area in Exhibit attached hereto and more particularly described herein at Section B.2. A. I. Temporary Work Area Easement (Area in Exhibit A temporary and assignable easement and right-of-way in, on, over, and across the land shown in Exhibit as Area for a period not to exceed one year, beginning with the date possession of the land is granted to GRANTEE, for use by the United States, its representatives, agents, and contractors as a borrow area, work area, including the right to borrow/or deposit fill, dredged material and waste material thereon, move, store, and remove equipment and supplies, and erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of the Paradise Creek Section 206 Ecosystem Restoration Project implemented pursuant to Section 206 of the Water Resources Development Act of 1996, Public Law 104-303, as amended (33 U.S.C. 2330) (hereinafter the "PROJECT"), together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions, and any other vegetation, structures or obstacles, within the limits of the right-of-way; reserving, however, to GRANTOR, its heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and Temporary Work Area Easement hereby acquired; subject however, to existing easements for public roads and highways, public utilities, pipelines. All rights granted pursuant to this Temporary Work Area Easement shall automatically expire without further action one year from the date of this grant, such one year period TEMPORARY AND PERMANENT ECOSYSTEM RESTORATION EASEMENT U! • CITY; LINE STREET PAGE I OF 5 2-010·2-2- ---PAGE BREAK--- 537196 beginning with the date the possession of the land is granted to the GRANTEE for uses described hereinabove. A. 2. Temporary Work Area Easement Description An easement situated in the east half of the southwest quarter, and the west half of the southeast quarter of Section 7, Township 39 North, Range 5 West, Boise Meridian, City of Moscow, Latah County, Idaho, and being more particularly described as follows: Commencing at the south quarter comer of said Section 7; thence NOl col '23"E 966.69 feet along the west line of the southeast quarter of said Section 7; thence S89c39'12"E 30.00 feet to the intersection of the east right-of-way line of Line Street with the north right-of-way line of Third Street and the TRUE POINT OF BEGINNING; thence NOl col '23"E 209.64 feet along the east right-of-way line of Line Street; thence N88c58'37"W 60.00 feet to the west right-of-way line of Line Street; thence SOl col '23"W 560.00 feet along said west right-of-way line; thence S88°58'37"E 60.00 feet to the east right-of-way line of Line Street; thence NOl col '23"E 290.35 feet along said east right-of-way line to the south right-of-way line of Third Street; thence S89c39' 12"E 50.35 feet along said south right-of-way line; thence N00°20'48"E 60.00 feet to the north right of-way line of Third Street; thence N89°39'12"W 49.64 feet along said right-of-way line to the east right-of-way line of Line Street and the TRUE POINT OF BEGINNING. Said easement contains 36,600 square feet, more or less. B. 1. Permanent Ecosystem Restoration Easement (Area in Exhibit Such Permanent Ecosystem Restoration Easement (shown in Exhibit as Area is made and shall allow GRANTEE to construct, operate, maintain, repair, alter, rehabilitate, remove, replace and monitor features of the "PROJECT" including the following rights for the purposes of restoring fish and wildlife habitat and ecological resource values: reshaping of the Paradise Creek channel including construction of a low flow channel; vegetative plantings with native riparian plants and trees; modifications and improvements within and adjacent to the channel or shore for grade control, or bank stabilization purposes including placement of erosion control fabric, coir fiber logs and mats, straw blankets, root wads and other bioengineering materials; fish and wildlife habitat or other ecosystem restoration improvements including placement of materials or structures in the bed, banks, or shorelines that influence stream velocity or channel form and; removal or placement of gravels, cobbles, boulders, woody debris, and other structures in the bed, banks, or shoreline to improve in-stream fish and wildlife habitat; together with the right to clear, cut, fell, remove and dispose of any and all timber, trees, underbrush, structures or obstructions; however, in no case shall modifications, installations, or improvements result in erosion or destabilization of bridge foundation, scour protection, or road embankment. TEMPORARY AND PERMANENT ECOSYSTEM RESTORATION EASEMENT Ul - CITY; LINE STREET PAGE2 OF 5 ---PAGE BREAK--- B. 2. Permanent Ecosystem Restoration Easement Description An easement situated in the east half of the southwest quarter, and the west half of the southeast quarter of Section 7, Township 39 North, Range 5 West, Boise Meridian, City of Moscow, Latah County, Idaho, and being more particularly described as follows: Commencing at the south quarter corner of said Section 7; thence NOl 001 '23"E 936.69 feet along the west line of the southeast quarter of said Section 7 to the intersection with the centerline of Third Street and the TRUE POINT OF BEGINNING; thence S89°39'12"E 30.00 feet to the east right-of-way line of Line Street; thence SOl 001 '23"W 130.00 feet along the east right-of-way line of Line Street; thence N89°39' 12"W 60.00 feet to the west right-of-way line of Line Street; thence NOl 001 '23"E 130.00 feet along said west right-of-way line; thence S89°39'12"E 30.00 feet to the TRUE POINT OF BEGINNING. Said easement contains 7,800 square feet, more or less. C. GRANTOR reserves to itself, its heirs and assigns, all other rights and privileges that may be used without interfering with or abridging the purposes of the PROJECT or the enumerated rights and Permanent Ecosystem Restoration Easement hereby conveyed and acquired. It is specifically understood by GRANTEE that, as a condition of the granting of the Permanent Ecosystem Restoration Easement, GRANTOR reserves the right to enter onto Area 2 to make necessary repair, to maintain, or to otherwise stabilize the bridge foundation, scour protection, and/or road embankment. D. GRANTEE hereby releases and will protect, defend, indemnity, and save harmless GRANTOR, its heirs, successors or assigns from and against all claims, liabilities, demands, actions at law and equity (including without limitation claims and actions under the Federal Employer's Liability Act), judgments, settlements, losses, damages, and expenses of every character whatsoever for injury or death of any person or persons whomsoever and for damage to or loss or destruction of property of any kind by whomsoever owned, caused by, resulting from, arising out of, or occurring in connection with GRANTEE's PROJECT, as described hereinabove. E. This Permanent Ecosystem Restoration Easement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, successors and assigns with the understanding that GRANTEE may permit use of all of the rights granted herein by the United States Army Corps of Engineers for the purpose of constructing the PROJECT and such use shall not be considered an assignment or transfer of these rights. F. The permission hereby afforded shall be the personal privileges of GRANTEE, and no assignment or transfer thereof by operation of law or voluntary act of GRANTEE shall be made, or other use of the Permanent Ecosystem Restoration Easement be permitted as herein provided, without the prior consent of GRANTOR, its heirs, successors or assigns. TEMPORARY AND PERMANENT ECOSYSTEM RESTORAT!ON EASEMENT Ul- CITY; LINE STREET PAGE3 OF 5 ---PAGE BREAK--- f}3719fl It is agreed that any transfer or assignment of this Permanent Ecosystem Restoration Easement, whether voluntary, by operation of law or otherwise, without such consent in writing shall be absolutely void and, at the option of GRANTOR, its heirs, successors or assigns, shall terminate this Permanent Ecosystem Restoration Easement. G. In addition to rights herein granted, such grant of Permanent Ecosystem Restoration Easement conveys to GRANTEE and its assigns or permittees the right to temporarily demolish and/or relocate the existing public road at Line Street and any permitted utilities within the Permanent Ecosystem Restoration Easement, as described hereinabove. Additionally, GRANTEE shall (at GRANTEE's and/or United States Army Corps of Engineer's sole expense) construct a road and bridge across the described Permanent Ecosystem Restoration Easement area which road and bridge shall comply with all relevant City of Moscow, Idaho regulations and requirements. Additionally, GRANTEE shall replace or relocate any roads, public or private utilities, sewer or water utilities, etc. to that equivalent to pre-PROJECT conditions. H. Following completion of the PROJECT and its acceptance by GRANTOR, GRANTOR and GRANTEE agree that GRANTOR shall own and be legally responsible for the maintenance and repair of the road and bridge and any additional improvements and appurtenances thereto which are within Permanent Ecosystem Restoration Easement boundaries except that GRANTOR shall not be responsible for the Paradise Creek bed, vegetation, franchised utilities, or GRANTEE's utilities, which are within the Permanent Ecosystem Restoration Easement boundaries following completion of the PROJECT. I. All rights, privileges, or responsibilities granted by GRANTOR to GRANTEE in this Permanent Ecosystem Restoration Easement are subject to existing easements for public roads and highways, public utilities and pipelines. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this k I day of_M ,2010. GRANTEE GRANTOR University of Idaho City of Moscow, Idaho Vice President for Finance and Administration TEMPORARY AND PERMANEN'-:r-T.,.,.,._l<'i UI- CITY; LINE STREET PAGE4 0F5 ---PAGE BREAK--- STATE OF IDAHO ) ) ss: COUNTY OF LATAH ) 537196 On this day of J1 , 2010, before me, the undersigned, a Notary in and for said State, personally app ared P t{ E /JIW)!J , an Agent for the University of Idaho, Board of Regents, known to me to e the person whose name is subscribed to the foregoing Permanent Ecosystem Restoration Easement and acknowledged to me that he/she executed the same in behalf of and as the duly authorized representative of University of Idaho, and has the authority to bind University of Idaho to this Agreement. Eascrnenu'Pennanenl Ecosystem Restoration EasemenLIUI,City:LineStreetlpm Notary Public for the State ;ff)daJlo Residing at '/11af f _J'dLo-f!t 0 My commission expires1: l I TEMPORARY AND PERMANENT ECOSYSTEM RESTORATION EASEMENT Ul- CITY; LINE STREET PAGE 5 OF 5 ---PAGE BREAK--- ' 53719() J STREET 9 100' 400' f I I: I U) I 0 ) 0 200' z l H Area 1: 0 Temporary Work; _t 0 N I I I 1 Area Easement 1 so· I vx - ^T-----THIRD STREET g I 4V/ - 0 1 3 1 ; To I U) I Area 2: ] 1 @ 1 Permanent Ecosystem _j I 8 I Restoration Easement 12 ! I _j - - - 60' PARADISE CREEK STREET i - - - - - - ' I I I : I I U) I 5 Exhibit Temporary Work Area Easement and Permanent Ecosystem Restoration Easement (Line Street) Mav 201 c