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Project No. STP-M-7564(004) Key No. 03546 Parcel No. 07 Parcel ID. No.03546L07 · c 1 J I . 4 ! \ WILLIAM C. WHARTON and LINDA LEE WHARTON, husband and wife, GRANTORS, owners of real property affected hereby, in consideration of one dollar and other valuable consideration in hand paid, 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 including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: An easement consisting of pm1ion of Lot 4, Block 1 of The Loehr Addition recorded in Book 4 of Plats, Page 16, located in the Northeast Quarter of the Southwest Quarter of Section 7, Township 39 North, Range 5 West, Boise Meridian, City of Moscow, Latah County, Idaho, more particularly described on Exhibit attached hereto and incorporated herein by reference. Said easement contains 350 square feet, more or less. for the purpose of constructing, maintaining, and repairing or replacing a retaining wall and related accessories 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 said retaining wall and related accessories. 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 retaining wall and related accessories. 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. It is expressly intended that the rights, burdens and contained in this Easement shall run with the land and shall bind GRANTORS AND GRANTEE, their heirs and assigns until such time this Easement is vacated by GRANTEE. PERMANENT EASEMENT Page 1 of 3 2012·35""" ---PAGE BREAK--- IN WITNESS WHEREOF, GRANTORS have hereunto set their hand and seal this day of , 2012. GRANTORS: William C. Wharton ACKNOWLEDGEMENTS 'TJJ I State of a. County of f4 ' 2 : •Af.lr \ 'S J