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515879 NO. - PERMANENT PUBLIC UTILITY EASEMENT SUSAN PETERsEi/::.; LATAH COUNTY RECORDER FEE$ f 8% KNOW ALL MEN BY THESE PRESENTS, that BLUM PROPERTIES-2, LLC, and C.S. BLUM PROPERTIES-3, LLC (GRANTORS), owners of real property affected hereby, in consideration of one dollar and other valuable consideration in hand paid, do hereby t»>ll Pi"<. 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 permanent easement and right-of-way in which to construct and maintain public utilities including the right to enter upon, occupy and use property located in the City of Moscow, to wit: A permanent public utility easement located in the Government Lot 3 (northwest quarter of the southwest quarter) of Section 7, Township 39 North, Range 5 West, Boise, Meridian, Latah County, Idaho, and situated within the Blum Properties-2, LLC tract as described in Quitclaim Deed No. 508355, and within the C.S. Blum Properties-3, LLC tract as described in Quitclaim Deed No. 508354, all on file with the Recorder's office of Latah County, Idaho, said easement shown on the attached EXHIBIT and being more particularly described as follows: Commencing at the West Y. Corner of said Section 7; running thence S01"01'22'W, along the west line of said Section, 270.89 feet to a point on the northerly right-of-way line of Street; thence along said right-of-way line 45.00 feet, along a curve to the left, having a central angle of 04"51'53", a radius of 530.00 feet, and a chord bearing S73"09'33"E, 44.99 feet; thence S74"35'45"E, 204.82 feet along said right-of-way line to the TRUE POINT OF BEGINNING for this description; thence continuing S74"35'45"E, 166.42 feet along said right-of-way line; thence leaving said right-of-way line N15"24'15"E, 4.58 feet; thence N37"54'15"E, 48.03 feet; thence S88"58'38"E, 80.89 feet; thence N01"01'22"E, 20.00 feet; thence N88"58'38"W, 65.88 feet; thence N37°54'15"E, 21.46 feet; thence N01 °01'22"E, 194.47 feet; thence N88°58'38'W, 20.00 feet; thence S01°01'22'W, 187.80 feet; thence S37°56'21'W, 29.81 feet; thence N88"58'38'W, 161.15 feet; thence N01°01'22"E, 224.96 feet; thence N88°58'38'W, 20.00 feet; thence S01°01'22'W, 246.49 feet to a point on said street right-of-way line and the TRUE POINT OF BEGINNING. For the purpose of constructing, operating, maintaining, and replacing public utilities by the City of Moscow or its agents or contractors or franchised utility companies. The GRANTORS, their successors and assigns, reserve the right to improve said easement areas as long as such improvement shall not unreasonably interfere with the construction, operation, maintenance, repair and/or reconstruction of the utilities. The GRANTORS agree that they and their 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. Page 1 2007-19 ---PAGE BREAK--- 515879 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 these burdens and restrictions shall run with the land and shall forever bind the GRANTORS, their heirs and assigns. 'T IN WITNESS WHEREOF, they have hereunto set their hand and seal this day of :fu.l1 ' 2007. GRANTORS: BLUM PROPERTIES-2, LLC Dixie L. lum StacYABi Page 2 ---PAGE BREAK--- 515879 ACKNOWLEDGEMENTS State of County of 3 't 14 k On :J 4 '1 , 2007, Noel Blum and Dixie L. Blum personally appeared before me, 1 who are 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 signers of the above document, and he/she acknowledg d that he/she signed it. JOIIPH G. MCGURKIN STATE OF IDAHO . PUBLIC State of County of On 1 , 2007, J. Curtis Blum and Stacv A. Blum personally appeared before me, who are 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 signers of the above document, and he/she acknowledg JOSEPH G. MCGURKIN STATE OF IDAHO flli'l'rMY- PUBliC Page 3 ---PAGE BREAK--- . " I I I ' I ' I I " EXHIBIT 12-2 Br. UNITS FIN. FLOOR 2683.67 12-2 Br. UNITS FIN. FLOOR 258?.00 FIN. FLOOR 2587.24 12-2 Br. UNITS FIN. FLOOR 2565.00 WATERMAIN UTILITY BLUM APARTMENTS MOSCOW,IDAHO 12-2 Dr. UNITS FIN. FLOOR 2586.33 12-2 Br. UNITS FIN. FLOOR 2589.67 FIN. FLOOR 2589.73