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374794 OPTION TO PURCHASE REAL PROPERTY THIS 0.(.'._TION TO PURCHASE REAL, .PROPERTY, granted this 3 o ?C day of rl);,4&22h,J , 19 17, by Betty Ruth Deesten Parks, whose address is E 2'011 16th Ave. , Spokane, Washington 99203, and Marian Deesten Schultz, whose address is P. O. Box 751, Libby, Montana 59923, herein called the 'OWNERS' to the City of Moscow, a municipal corporation of Idaho, herein called the 'CITY'; WITNESSETH: I. In consideration of the sum of three hundred and thirty-two dollars ( $332. 00) paid by the CITY to the OWNERS, receipt of which is hereby acknowledged, the OWNERS, who are tenants in common, hereby grant unto the CITY an option to purchase the following described real property: A tract of land located in the southeast quarter of the southwest quarter of Section 9, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, more particularly described as follows: Beginning at the south 1/ 4 corner of said Section 9; thence N 89° 38' 15" W, along the south line of said Section 9, 370. 88 feet to the point of intersection with the westerly right-of-way line of Hathaway Street extended; thence N 45° 24' 57" E, 523.75 feet to a point on the north-south centerline of said Section 9; thence S 0° 20' 01" W, along said centerline, 370. 0 feet to the point of beginning. Said tract contains 1. 58 acres, more or less. II. This option is subject to the following terms and conditions: 1. The OWNERS shall have full use of the property until this option has been fully exercised by the CITY» 2. The OWNERS shall pay all taxes due until this option has been fully exercised by the CITY. 3. The CITY takes the property subject to a farm lease on the property which runs through the 1990 harvest. III. The CITY may exercise this option by paying an additional eleven thousand, eight hundred dollars ($11,800) to the OWNERS on or before May 1, 1990. ---PAGE BREAK--- 374'794 IV. Upon due exercise of this option by the CITY and payment of the purchase price in the amount of twelve thousand, one hundred thirty-two dollars ( $12, 132) as aforesaid, the OWNERS, within thirty ( 30) days, shall grant and convey title of said property to the CITY and shall execute and deliver a warranty deed and such other instruments as are necessary to convey full insurable, marketable, legal, equitable and unencumbered title of said property in the name of the City of Moscow. v. VI. Such delivery as set forth in Paragraph IV shall constitute fulfillment of the OWNERS' obligations under this agreement. Failure to make this agreement OWNERS of funds the payment due under Paragraph III of shall result in a forfeiture to the previously paid. VII. The CITY shall have the right of specific performance to enforce this option. VIII. Should it become necessary to enforce any provisions of this agreement in a court of law, it is agreed that the prevailing party shall be awarded costs and reasonable attorney fees. IN WITNESS WHEREOF, the OWNERS,have executed this agreement to be effective the day and year first set forth above. OWNERS: ---PAGE BREAK--- SS On this day of CE'i'l\Qe:iL , 19'il'l, before me a Notary Public in and for said State, appeared Betty Ruth Deesten ¹º0f 1 to me be the person whose name is subscribed t and acknowledged to me that she STATE OF n w-lco rJ County of agreement. SS ' Q . . v F'vbl· t. $ • Notary Public in and for State of On this day of , 19'1, before me a Notary Public in and for said State, appeared Marian Deesten Schultz, known to me to be the person whose name is subscr:i,);)e