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537195 PERMANENT ECOSYSTEM RESTORATION EASEMENT (RAYBURN STREET) 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, 83 843 (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 Permanent Ecosystem Restoration 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 in Exhibit attached hereto and more particularly described as follows: Legal Description for Rayburn Street Commencing at the Southwest comer of Section 7, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho from which the west one quarter corner of said Section bears North 01°01 '08" East; Thence North 01°01 '08" East 974.25 feet along the west line of the southwest quarter of said Section to the southerly line of the former Northern Pacific Railway Company (NPRR) right of way; Thence North 89°36'44" East 746.96 feet to the beginning of a curve; Thence 763.06 feet along said curve to the left with a radius Of 5779.58 feet and a chord which bears North 85°51 '46" East; Thence North 82°06'48'' East 402.59 feet to Point of Beginning; Thence North 00°27' 12" West 100.85 feet to the northerly line of said NPRR right-of-way; Thence North 82°06'48" East 66.56 feet along said right of way; Thence South 00°27'12" East 100.85 feet to the southerly line of the NPRR right of way; Thence along said right of way South 82°06'48" West 66.56 feet to the Point of Beginning. Containing 6,656 square feet, more or less. A. Such Permanent Ecosystem Restoration Easement is made and shall allow GRANTEE and to construct, operate, maintain, repair, alter, rehabilitate, remove, replace and monitor features 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") 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 PERMANENT ECOSYSTEM RESTORATION EASEMENT Ul - CITY; RAYBURN STREET PAGE I OF 3 20l0·2.l ---PAGE BREAK--- 537195 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. B. GRANTOR reserves, however, 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 C. 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. D. 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. E. 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. 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. F. In addition to rights herein granted, such grant of Permanent Ecosystem Restoration Easement conveys to GRANTEE and its assigns, the right to demolish without replacement the existing public road at Rayburn Street and relocate any permitted utilities within the Permanent Ecosystem Restoration Easement, as described hereinabove. G. Following completion of the PROJECT, and its acceptance by GRANTOR, GRANTOR and GRANTEE agree that GRANTOR shall own and GRANTEE shall be legally responsible for the maintenance and repair of any improvements which are part of the PROJECT and which are within the Permanent Ecosystem Restoration Easement. H. 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. PERMANENT ECOSYSTEM RESTORATION EASEMENT Ul - CITY; RAYBURN STREET PAGE 2 Of 3 ---PAGE BREAK--- IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 2.-1 day of , 2010. GRANTEE University of Idaho Vice President for Finance and Administration GRANTOR City of Moscow, Idaho ATTEST LtU.,.Ur\< W-l.U\ s COUNTY OF LATAH ) On this _jJ__ day of ' , 2010, before me, the undersigned, a Notary in and for said State, personally f:!lltteS., an Agent for the University of Idaho, Board of Regents, known to me to be {he 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. PERMANENT ECOSYSTEM RESTORATION EASEMENT Ul- CITY; RAYBURN STREET PAGE 3 Or 3 ---PAGE BREAK--- 160'1 iO::: !9I ll 1 1 STREET Permanent Ecosystem Restoration Easement 537195 r- - _j : - ; 1 r- fARAD!=> __g:R@A_K - I I 1 l I I I 100' 400' 8 A 9 151 0 200' 1:51 < Exhibit Permanent Ecosystem Restoration Easement Ra burn Street