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PERMANENT UNDERGROUND UTILITY EASEMENT CITY OF MOSCOW, IDAHO AND TIME WARNER NY CABLE, LLC VIRGIL PHILLIPS FARM PROPERTY 539137 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, 83843 (hereinafter "GRANTOR"), owner of real property affected hereby, in consideration of one dollar and other valuable consideration in hand paid, does hereby grant, convey and warrant to Time Warner NY Cable LLC, a Delaware limited liability company, 550 N. Continental Blvd., El Segundo, California, 90245 (hereinafter "GRANTEE"), a perpetual underground easement to occupy, construct, lay, install, reconstruct, inspect, maintain, repair, replace, operate and remove (collectively, "Service") all of the underground facilities, systems, lines, components, conduits, cables, wires, and equipment (collectively, the "Equipment") necessary to provide communication service and related services, including the right to enter upon, occupy and use property located in the vicinity of the City of Moscow, Latah County, Idaho, on the Virgil Phillips Farm property to wit and as shown in Exhibit A attached hereto (the "Easement Area"): An easement situated in the northwest quarter of Section 18, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho as shown on the attached Exhibit and being more particularly described as follows (collectively, the "Easement Area"): A ten foot (1 wide easement centered on the proposed GRANTEE fiber optic transmission line as it crosses the above described parcel. Said centerline location to be between two feet and four feet distant of an existing buried telephone cable extending across the northeast corner of said parcel as currently located. Said centerline may be located up to a distance of twenty feet (20') from said existing telephone cable at those locations approved by GRANTOR for the purpose of preserving existing trees and vegetation. The centerline of said ten foot (10') easement shall be confined to the area lying within one hundred twenty feet (120') of the southwesterly U.S. 95 highway right-of-way line. This easement is granted to GRANTEE, its agents, representatives, transferees or contractors under the following conditions: 1. It is understood by GRANTOR that the fiber optic transmission cable, where practical, will be buried in two inch duct at a depth of forty eight inches ( 48") below the surface with a combination of both slit trenching and boring, for a distance of about eight hundred twenty feet (820'). 2. If GRANTEE decides to abandon the Easement Area, GRANTEE shall notify GRANTOR in writing. Following notice by GRANTEE to GRANTOR of GRANTEE's intent to abandon, GRANTEE shall, within six months after written request from GRANTOR, remove the Equipment from the Easement Area. PERMANENT UNDERGROUND UTILITY EASEMENT CITY AND TIME WARNER CABLE (PHILLIPS fARM) PAGE 1 OF4 ---PAGE BREAK--- 53 913 3. GRANTEE shall indemnity and save GRANTOR, its agents, and employees harmless from any and all claims, liabilities, losses, costs, charges or expenses to which GRANTOR may be put by reason of any negligent act or omission of GRANTEE on account of use of the Easement Area. If any action, claim or demand is made against GRANTOR for any negligent act or omission of GRANTEE in or related to the Easement Area, GRANTEE agrees to assume the expense and shall pay all commercially reasonable costs, charges, attorney fees, settlements, judgments or other expenses incurred by or obtained against GRANTOR, including, but not limited to, defense of all legal claims against GRANTOR. 4. No activity in or use of the Easement Area by GRANTEE shall interfere with or alter use of the Easement Area for the benefit and use of the children of Moscow, Idaho for recreation purposes. The Equipment placed or installed on the Easement Area by GRANTEE, whether permanent or temporary and replacements thereof, shall be and remain the property of GRANTEE, and may be removed by GRANTEE at GRANTEE'S discretion. GRANTEE is granted the aforementioned rights, together with the rights and privileges of ingress and egress to and from the Easement Area across adjacent lands owned by GRANTOR, in order to Service the Equipment. GRANTEE shall not install, construct, or modifY any Equipment without prior review and approval of GRANTOR, provided, however, GRANTEE may conduct routine maintenance, servicing and repair to the Equipment without prior review or approval of GRANTOR. GRANTOR hereby covenants and agrees not to construct or permit to be constructed any structures of any kind on, under or above the Easement Area without prior notification to and approval from GRANTEE. GRANTOR hereby covenants with GRANTEE that GRANTOR is the true and lawful fee simple owner of the Easement Area and has full power and right to execute and grant this Permanent Underground Utility Easement. GRANTEE may hereafter transfer, assign and convey GRANTEE's rights and obligations under this Permanent Underground Utility Easement in whole or in part so long as such does not exceed or violate the limitations, restrictions and reservations contained in this Permanent Underground Utility Easement. The rights, title, privileges and authority hereby granted shall continue to be in force until such time as GRANTEE shall permanently remove said Equipment from the Easement Area, or shall otherwise permanently abandon said Equipment, at which time all such rights, title, privileges and authority hereby granted shall terminate. It is expressly intended that these burdens and restrictions shall run with the land and shall forever bind GRANTOR and GRANTEE, and their respective successors and assigns. PERMANENT UNDERGROUND UTILITY EASEMENT CITY AND TIME WARNER CABLE (PHILLIPS FARM) PAGE20F4 ---PAGE BREAK--- 53 9 1 3 'i ! I IN WITN WHEREOF, the parties have hereunto set their hands and seals this ----.fr-lf -day of , 2010. GRANTOR GRANTEE City ofMoscow, Idaho Time Warner NY Cable LLC By: Name: Eric Burton Its: RVP Customer Care/IT, West Region ATTEST STATE OF _ COUNTY OF On this day of 10, before me, a Notary Public of the State of Idaho, personally appeared Deborah Pice' o, known to me to be the person named above and acknowledged to me that she ex ted the foregoing Permanent Easement as the duly authorized le LLC. PERMANENT UNDERGROUND UTILITY EASEMENT CITY AND TIME WARNER CABLE (PHIL UPS FARM) Notary Public for the State of Residing at _ My Commission expires _ PAGE3 OF4 ---PAGE BREAK--- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT er'J&m:WKML@,ij<:.c<=M.W?&<"-ili State of California County of LJ> 5 AuJ L-E.S } on I D -Av C:r -z c) I o before me, P d J 6--L i+A-Roy 1\l "Zrir-r Here Insert Namefand Title of the ON1'Cfr Date personally appeared £ - ¤ ©ª©0 - « ¬ © ³¥ Name(s) o f S i g ner(s) Place Notary Seal Above z z who proved to me on the basis of satisfactory evidence to be the person.(.8fwhose name(2) is/are--subscribed to the within instrument and acknowledged to me that he/sAeAAey executed the same in his/he.rLtb.e.ir authorized capacity{isa!, and that by his/he.l:4Re+r signaturE$} on the instrument the person(.sJ,'or the entity upon behalf of which the persorl(.aJacted, executed the instrument. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document TIµor¶pe·Dorume¸¹-º »¼=½¾' - 0 _ h _ ¿ - · u _ - _ \ _ À ÁÂÃ- Ä -Å _5 _e _Æ Ç ¥ ȳɩ©Ê Document Date: LJY'\ 0! / 2 J I 0 7 Signer(s} Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: tCZ. .BurG-oN 0 Individual 0 Corporate Officer- T itle(s): CJ Partner - 0 Limited 0 General Q Attorney in Fact Trustee [j Guardian or Conservator 0 Other: _ Signer Is Representing: _ T1 w CAr;i.-.c. Number of Pages: # Signer's Name: 0 Individual 0 Corporate Officer- Title(s): 0 Partner - 0 Limited 0 0 Attorney in Fact 0 Trustee 0 Guardian or C nservator 0 Other: Representing: _ 02007 National Noiary Assoc1atJon • 9350 De Soto Ave, PO Box 2102 • Chatswonh. CA 91313-2402 • www.NauonaiNotary.org Item #5907 Reorder Call Toll-Free 1-[PHONE REDACTED] ---PAGE BREAK--- EXHIBIT A Legal Description 5 :J 9 1 3 No . AT THE REQUEST O F: u?At fitERSE LA::J.UNTY REC_D,ER Fe; $ f'C An easement situated in the northwest quarter of Section 18, Township 39 North, Range 5 st, Boise Meridian, Latah County, Idaho as shown on the attached Exhibit and being more particularly described as follows: A 10 foot wide easement centered on the proposed Time Warner Cable fiber optic transmission line as it crosses the above described parcel. Said centerline location to be between 2 feet and 4 feet distant of an existing buried telephone cable extending across the northeast comer of said parcel as currently located. Said centerline may be located up to a distance of 20 feet from said existing telephone cable at those locations approved by GRANTOR for the purpose of preserving existing trees and vegetation. The centerline of said 1 0 foot easement shall be confined to the area lying within 120 feet of the southwesterly U.S. 95 highway right-of-way line. a: I a! I I a! I 10' Wide Easement Centered on Fiber Optic Cable and Located Within 120 Feet of the Highway Right-of-Way City of Moscow Phillips Farm Property NWl Section 18 T40N RSW, BM l/d l/d l/d lid EXHIBIT Permanent Easement City of Moscow to Time Warner Cable May 2010 PERMANENT UNDERGROUND UTILITY EASEMENT CITY AND TIME WARNER CABLE (PHILLIPS FARM) I il2 I I iE I h 1/d_j - I PAGE40F4