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4 50 8 1& ACCESS AND UTILITY EASEMENT GRANTORS, KYLAN R. COOPER and SHARON K. COOPER, husband and wife, of 1492 Poplar, Clarkston, Washington 99403, and CREACO INVESTMENTS, L. L. an Idaho Limited Liability Company, by its managers/members CLINT TOWNSEND and CHUCK SPURGEON, of 1233 Wallen Road, Moscow, Idaho 83843, for valuable consideration, receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey to THE CITY OF MOSCOW, a municipal corporation, and to WILLIAM H. PARKS, a. k. a. Bill Parks, a married person dealing with his sole and separate property, of 1205 Orchard Avenue, Moscow, Idaho 83843, hereinafter called GRANTEES, the following easement and rights: A. Perpetual easements for utilities and right of ingress and egress, upon and over the following described real property situated in Latah County, State of Idaho: A portion of Plot 2, Allan Tracts in Section 19, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, described as follows: Commencing at the Southwest corner of Tax #5746, said corner being the True Point of Beginning; thence South 00"00'00" West a distance of 50.00 feet; thence North 90"00'00" West a distance of 33.90 feet; thence North 00"00'00" East along a line that is parallel to the West line of said Tax #5746 a distance of 471.17 feet to the South right-of-way of West Palouse River Drive; thence North 78"47'41" East along said South right-of-way a distance of 34.56 feet to the West line of Tax #2867; thence South 00"00'00" West along the West line of said Taxes #2867 and #5746 a distance of 427.88 feet to the True Point of Beginning. Said easement is for the benefit of real property situated in the State of Idaho, County of Latah, Tax #5746 described in Instrument #440891, records of Latah County, Idaho. B. Grantors agree that Grantees shall have the non-exclusive right of ingress and egress to the extent reasonably necessary to afford the Grantees, its heirs and assigns, reasonable access to its aforesaid lands. This easement shall not grant or convey any title or rights to the general public for access. ACCESS AND UTILITY EASEMENT 1 ---PAGE BREAK--- ' 4 50 8 14 C. Grantors agree that Grantees shall have a utility access, including the right to construct, operate, maintain, repair and/or reconstruct within the above-described Easement Area a water line and facilities; and the right to excavate and refill ditches and trenches within said Easement area for the location, construction, operation, maintenance, repair and/or reconstruction of said water lines and facilities. This easement and right of ingress and egress shall run with the land and shall be binding upon and shall inure to the benefit of the parties hereto and their respective executors, administrators, personal representatives and assigns. In part consideration for said easement, Grantees agree to construct, maintain, repair, or reconstruct said utility line with due diligence, and shall refill any and all excavations made by it on the easement area in an orderly and workmanlike manner to substantially the level of the nearest adjacent ground. DATED this day of ,bpY CLINT TOWNSEND, Grantor Manager-Member CREACO INVESTMENTS, L.L.C. STATE OF IDAHO ss. ' 2000. Manager-Member CREACO INVESTMENTS, L.L.C. County of Latah t£i On this 2Z day of , 2000, before me, a notary public for Idaho, personally app red CLINT TOWNSEND and CHUCK SPURGEON, managers/members of CR CO INVESTMENTS, L.L.C., known to me to be the persons whose names are subscribed to the within instrument as Manager/members of CREACO INVESTMENTS, L.L.C., and who acknowledged to me that they executed the same on behalf of said limited liability company. AS WITNEilNruJ sign my name and, place my official se 1. It### I \ Oy.,\H J. I , f _ 0 - f I "1c \ 'U 1 : a 0 T 4d \ & : * : b : . . . . : b : * : : · # f /I::e . " # ` 0 F 1 D ACCESS AND U%rt•rfy EASEMENT 2 ---PAGE BREAK--- STATE OF r;;z47fo ) ss. County of }!f'CJ_ trfiit<-t% Sharon K. Cooper, Grantor On this day of , 2000, before me, a notary public for the state of %Ho , personally appeared KYLAN R. COOPER and SHARON K. CO4, husband and wife, known to me to be the persons whose names are subscribed to the within instrument, and who acknowledged to me that they executed the same. AS WITNESS, I sign my name and place my official seal. 4 50 814 ACCESS AND UTILITY EASEMENT 3