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CONSTRUCTION EASEMENT AGREEMENT BETWEEN FOUNTAIN LIVING TRUST AND CITY OF MOSCOW, IDAHO FOR CONSTRUCTION OF SANITARY SEWER SOUTH LIFT STATION THIS CONSTRUCTION EASEMENT AGREEMENT FOR CONSTRUCTION OF SANITARY SEWER SOUTH LIFT STATION (hereinafter "Agreement") is made between Fountain Living Trust (trust instrument dated October 13, 1997), (hereinafter "FOUNTAIN") and the City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"). WHEREAS, FOUNTAIN and CITY mutually agree and covenant to do the following related to construction and maintenance of CITY's proposed Sanitary Sewer South Lift Station (hereinafter "New Lift Station"). The parties mutually agree as follows: 1. FOUNT AlN shall grant to CITY a one year Construction Easement on and across Parcel for the purpose of constructing the New Lift Station on State of Idaho property, all as shown on the attached Exhibit the same as if fully transcribed and copied herein. Said one year Construction Easement shall include all necessary rights and privileges of ingress and egress across Parcel to such New Lift Station and shall include the right to temporarily stockpile approximately fifteen thousand (15,000) cubic yards of excavation materials on a nearby site to be agreed upon by FOUNTAIN and CITY. 2. Such one ( 1) year Construction Easement period shall begin on the date of August I , 2007. 3. a. If permanent property rights are granted by FOUNTAIN to CITY prior to February I, 2009, CITY shall construct, engineer and obtain ITD approval for a replacement for the existing Fountain Industrial Park I Chinese Village highway approach plus additional driveway pavement improvements to this new approach, as shown on Exhibit the same as if fully transcribed and copied herein, all at CITY expense up to an amount not exceed thirty-seven thousand five hundted dollars ($37,500.00). b. "Permanent property rights" as used herein may be in the form of one or a combination of the following which grants to CITY and its successors and assigns the perpetual right together with attendant customary uses to access, ingress and egress, over, through, across, along, and the right to go upon, occupy and use the property identified as Parcel and Parcel shown on Exhibit for the purpose of maintaining, having access to, altering, improving, removing, and/or repairing utilities, including, but not limited to, the New Lift Station: dedicated public right-of way; and/or warranty deed. AGREEMENT- FOUN1'AlN TRUST AND C1TY PAGEl OF3 2007-17 ---PAGE BREAK--- Permanent property rights granted to CITY by FOUNTAIN shall include permanent ingress/egress rights to FOUNT AlN. 4. Regardless of any other covenant or agreement between FOUNTAIN and CITY herein, CITY shall insure that construction of the New Lift Station does not adversely affect vehicular access to any portion of the neighborhood presently served by the existing Fountain Industrial Park I Chinese Village highway - driveway approach, including the Fountain Industrial Park and the Fountain Airfield. 5. CITY agrees to move, at CITY expense, the existing Fountain Industrial Park sign to location compliant with all applicable State and CITY codes. ! DATED this day of _ 2007. Fountain Living Trust: t?e. Ronald C. Fountain, Co-Trustee City of Moscow, Idaho: AGREEMENT- FOUNTAJN LIVING TRUST AND CITY PAGE20F3 ---PAGE BREAK--- STATE OF IDAHO COUNTY OF LATAH ) ss. ) ACKNOWLEDGMENT On this ;;25" day 2007, before me, a Notary Public in and for said State, appeared Ronald C. Fount n, known to me to be the person named above and acknowledged that he executed the foregoing doc ent as the duly authoriz -Trustee for Fountain iving rust. STATE OF IDAHO ) ) ss. COUNTY OF LATAH ) ACKNOWLEDGMENT On this day of 2007, before me, a Notary Public in and tor said State, appeared Steven J, Fountain, known to me to be the person named above and acknowledged that he executed the foregoing document as the duly authoed Co-Trustee for Fountain Living Trust. AGREEMENT- FOUNTAIN iJVING TRUST AND CITY o fj yt} o 11 1\{i,-J{i' - 7JJV/V\_.--- u; " TUV W NotQry Public fgr the State ofld!ffio Residing at Pl/t uU! My commission expireS1 /I j PAGE30F3 ---PAGE BREAK--- I i!IJ * " I I ) i2 iJ! g Y \ SECTION LINE SOUTH PALOUSE TRACTS CHINESE VILLIAGE STATE OF IDAHO DEED OF DEDICATION - 2004 INST. NO. 486487 0.07 ACRES Northeast Corner Section 19, Towns hip 39 North, Range 5 West, Boise Meridian PLANTATION 20' WIDE ALLEY DEDICATION CITY LIMITS NORTHEAST CORNER LOT 7 SOUTH PALOUSE TRACTS FOUNTAIN LOT 7 SOUTH PALOUSE TRACTS FOUNTAIN LIVING TRUST 0 EXISTING LIFT STATION STATE OF IDAHO PROPERTY SOUTHEAST CORNER LOT 7 SOUTH PALOUSE TRACTS 0 NEW LIFT STATION EXHIBIT'A' FOUNTAIN I CITY AGREEMENT JUNE 2007 Scale = 1 "=30' ---PAGE BREAK--- n OJ - • • - - II 0 - , ) 1-i JT1 z X I n 1-i to J> Cl to " JT1 JT1 JT1 z