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PERMANENT WATERLINE EASEMENT 533739 No. AT THE f1EOUESij,..., . 4trv flY I!IISt'.ttt/ ,..lf()o-J T D/\U E & HOUd: J IH34 1/./j·H SUSM< PETbeS!?1'l LAT>H c;,l"NTY RE Fee$_L_ BY KNOW ALL MEN BY THESE PRESENTS, that GERALD D. SCHUTZ and LILLIAN W. SCHUTZ, husband and wife (GRANTORS) owners of real property affected hereby, in consideration of one dollar and other valuable consideration in hand paid, does 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 an underground waterline and related appurtenances, including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: A 20 foot wide waterline easement situated in the northeast quarter of the southwest qwnter of Section 5, To-.vnship 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, being a portion of the Schutz tract as shown on Warranty Deed No. 285761, Records of Latah County, Idaho, said easement shown on the attached Exhibit and being more particularly described as follows: Commencing at the point of intersection of the south line of said northeast quarter of the southwest quarter of Section 5 with the centerline of Polk Street, said point being the southeast corner of the Pleasant Place Addition to the City of Moscow, Idaho, recorded as Instrument No. 424221 with the Recorder's office of said Latah County; thence northerly 249.56 feet along said centerline, along a curve to the right having a radius of 534.99 feet, a central angle of 26°43'36", and a chord bearing N06°56'35"E 247.30 feet; thence continuing along said centerline N20°18'23"E 8.64 feet; thence leaving said centerline S69°29'13"E 25.00 feet to the easterly right-of-way line of said Polk Street and the TRUE POINT OF BEGINNING; thence continuing S69°29'13"E 80.49 feet; thence N20°30'47"E 20.00 feet; thence N69°29'13"W 80.56 feet to a point on said easterly right-of-way line; thence along said line S20°18'23"W 20.00 feet to the TRUE POINT OF BEGINNING. Said easement contains 1611 square feet, more or less. for the purpose of constructing, operating, maintaining, and repatnng or rep!acir.g underground waterlines and related appurtenances by the City of Moscow or its agents or contractors. GRANTORS, their successors and assigns, reserve 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 waterline. GRANTORS 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 GRANTEE. 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 waterline (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. WATERUNEEASEMENT Page 1 of 2 ---PAGE BREAK--- " . 533739 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 GRANTORS, their heirs and assigns. Dated this day of GRANTORS: GERALD D. SCHUTZ OWNER '2009. LILLIAN W. SCHUTZ - of OWNER STATEOF ] COUNTY OF fah.A_ ACKNOWLEDGEMENT ) )ss ) On this /3 day of d/aoen.J::u:+.r , 2009, before me, a Notary Public of the State of \ • personally appeared Gerald D. Schutz, known or identified to me to be the ·pefppn whose name is subscribed to th foregoing instrument and acknowledged to me the same. ^ c :·'tcLoTAf(,_ H I " 'J r M - = . - = : R0S • b . " . F ""UeL\C C E Q D ) COUNTY OF LA &ss On t day of ,LV6or::.nt.h 2009, before me, a Notary Public of the State of • personally appeared Lillian W. Schutz, known or identified to me to be the person whose name is subscribed to t foregoing instrume t and acknowledged to me that the same. . . i\CIA I( !11 •,'Jf/A./K " ' . . ,r:r` § / A.9 # r • O0P : - • • . . A . - _ liBL\C : § g 0' h ,-i./g012NT 1(/JfJI!\\\\ Page2of2 ---PAGE BREAK--- . . Scale: 1 "=40' PLEASANT PLACE ADDITION L cSI Q 30' 40' 533739 Jo· I I I Proposed Water Line and Fire Hydrant N69'29'13"W 80.56' N20'30' 47"E 20.00' S69'29'13"E 80.49' EASEMENT TRUE POINT OF BEGINNING GERALD AND LILLIAN SCHUTZ L=249.56', R=534.99' b=26'43'36" Southeast Corner of the Pleasant Place Addition /South Line of the NEYSWY 1 Section 5, T.39N., R.5W., S.M. EMPIRE LANE - EXHIBIT ' A ' PERMANENT WATERLINE EASEMENT GERALD AND LILLIAN SCHUTZ TO THE CITY OF MOSCOW, IDAHO August 2009