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551.989 Project No. STP-7564(004) Key No. 03546 Parcel No. 14 Parcel ID. No.03546Ll4 PERMANENT EASEMENT JACALYN K. UPTMOR, a single woman and JEFFERY M. UPTMOR, a married man as his sole and separate property, 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 casement 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 that portion of Lot 11, Block 4 of Highland View Addition as recorded in Book 4 of Plats, Page 10, and being located in the Northwest Quarter of the Southeast 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 298 square feet, more or Jess. 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, mainlenance, 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 lhe aforesaid retaining wall and related accessories. Upon exercising these rights, GRANTEE shall restore lhe 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 ---PAGE BREAK--- IN WITNESS WHEREOF, GRANTORS have hereunto set their hand and seal this day of , 2012. ACKNOWLEDGEMENTS State of st On this \ day of rf'l.t , 2012, before me, the undersigned, a Notary Public, in and for said State, personally peared Jacalyn K. Uptmor, known to me, and/or to me on the WlUf4 = 9 : < = OF \v 1111(/J[I\\\\C' State of :1.d ) Countyofil\-??o ) Notary Residing at: My Commission Expires: on this \ day of , 2012, before me, the undersigned, a Notary Public, in and for said State, personally appe red Jeffery M. Uptmor, known to me, and/or tdenufied to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrumel\\"\l\:\Uf:h:l¥).wledged to me that he executed the same. HOL.£ll'/D . @--AB 567 * X § NOTARY § ' % PUBLlC E ; < * A < B .AhC ;;II ' OF PERMANENT EASEMENT Notary Residing My Commission Expires: Page 2 of3 ---PAGE BREAK--- EXHIBIT Project No. STP-M-7564 (004) Key No. 03546 Parcel 14 03546L14 Prepared: February 12, 2009 Permanent Easement That portion of Lot 11, Block 4 of Highland View Addition as recorded in Book 4 of Plats, Page 10, and being located in the Northwest Quarter of the Southeast Quarter of Section 7, Township 39 North, Range 5 West, Boise Meridian, City of Moscow, Latah County, Idaho described as follows: COMMENCING at the South Quarter corner for said Section 7 said point being a 5/8" X 30" rebar with a 2" aluminum cap marked as shown on a Comer Perpetuation and filing recorded under instrument No. 393941; Thence North 01°01' 16" East along the Nm1h-South Mid-Section line, a distance of 1747.62 feet to Street centerline at station 18+88.50; Thence South 89°33 '27" East along the centerline of said Street, a distance of 231.91 feet to centerline station 21 +20.41 Street; Thence North 00°26'33" East, a distance of 30.00 feet to the Southeast corner of Lot 10 said Block 4 as described in a Warranty Deed recorded under inslrument No. 496978 and the Southwest corner of said Lot 11 as described in Warranty Deed recorded under instrument No. 467491 and being a point on the North right of way of said Street 30.00 feet left of centerline Station 21+20.41, said point also being the TRUE POINT OF BEGINNING; Thence North 00°27'33" East along the East and West lines of said Lots, a distance of 6.00 feet; Thence South 89°33'27" East parallel with and 6.00 feet distant from the said North right of way, a distance of 49.82 feet to point on East line of said Lot 11 and the West line of Lot 12 said Block 4 as described in a Warranty Deed recorded under instrument No. 462863; Thence South 00°27'33" West along the East and West lines of said Lots, a distance of 6.00 feet to the Southeast corner of said Lot 11 and the Southwest corner of said lot 12 and being a point on said right of way 30.00 feet left of centerline Station 21+70.23; Thence North 89°33'27" West along said right of way and being parallel with and 30.00 feet distant from said centerline, a distance of 49.82 feet to the TRUE POINT OF BEGINNING. CONTAINING: 298 square feet or 0.007 acres more or less. PERMANENT EASEMENT Page 3 of 3