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584265 ~ ~ 0 - - Cl L/c-!fM&f/Ko.tnJ-; 3 · rf'·t.Z it_ £m Hf".'lnlAM CK WE.Sf BERG PERMANENT PUBLIC UTILITIES EASEMENT ' COUNTY RECCr. DER ~ The Board of Regents of the University of Idaho, a state educational institution, and a body politic and corporate organized and existing under the constitution and laws of the State of Idaho, 875 Perimeter MS3162, Moscow, Idaho, 83844 (hereinafter "GRANTOR"), owner of real property affected hereby, for value received, do hereby grant the CITY OF MOSCOW, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho 83843 (hereinafter "GRANTEE"), and its agents and assigns, a non-exclusive permanent easement and right-of-way in which to construct and maintain public utilities and related appurtenances, including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: An easement situated upon that parcel of land owned by said Board of Regents of the University of Idaho described as Parcel No. 1 in Exhibit of Recorded Document 332595, Latah County records, situated in the southeast quarter of Section 12, Township 39 North, Range 6 West, Boise Meridian, Latah County, Idaho. Said easement shown on the attached 'Exhibit Map' and being more particularly described in attached 'DESCRIPTION OF CITY OF MOSCOW WATERLINE EASEMENT - PALOUSE EMPIRE MALL' for the purpose of constructing, operating, maintaining, and repairing or replacing public utilities and related appurtenances by the City of Moscow or its agents or contractors. GRANTOR, its successors and assigns, reserves the right to improve said easement area as long as such improvement shall not unreasonably interfere with the construction, operation, maintenance, repair and/or reconstruction of the utilities. GRANTOR agrees that it and its heirs or assigns will not build or place any new encroachment thereon which will unreasonably interfere with the right of GRANTEE. GRANTEE acknowledges that the easement area is currently used for parking pavement and that GRANTOR or ground lessee shall retain all rights to maintain, repair or replace said parking pavement. GRANTEE, its agents or transferees, shall have the right to perform any maintenance it may deem necessary or wish to exercise in connection with the aforesaid utilities (including, but not limited thereto, the right to make necessary repairs, alterations, and removals or replacement thereof). Upon exercising these rights, GRANTEE shall restore the property and existing parking pavement to its prior condition or better. 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 these burdens and restrictions shall run with the land and shall forever bind GRANTOR, its heirs and assigns. Dated this :J J day of u.._CA , 2017. PUBLIC UTILITIES EASEMENT Page 1of4 ---PAGE BREAK--- GRANTOR: REGENTS OF THE UNIVERSITY OF IDAHO By:~/fr ~ Daniel R. Ewart Vice President for Infrastructure - University of Idaho ACKNOWLEDGEMENTS STATE OF IDAHO : SS. County of Latah ) On this I day of lntt1 cA.. ' 2017, before me, a Notary Public, personally appeared Daniel R. Ewart, in his official capacity of Vice President for Infrastructure, and agent for the University of Idaho Board of Regents, known to me to be the person named above, and acknowledged to me that he executed the foregoing document. . . . , · i • • . l I , • , PUBLIC UTILITIES EASEMENT Page 2 of 4 ---PAGE BREAK--- 584265 Rim Rock Consulting, Inc. PROFESSIONAL LAND SURVEYORS GIS t MAPPING SERVICES JOHN L. DUNN. PL5 / ID, WA I CFED5 DUANE E. F'RIE5T, PL5 /ID, CA, NV, Al. EASEMENT DE5CRIF'TION FOR THE CllY OF MOSCOW WATERLINE EASEMENT - PALOUSE EMPIRE MALL An easement for underground ut1l1ty purposes located 1n the southeast quarter of Section l 2, Township 39 North, Range G West of the Boise Mer1d1an, Latah County. Idaho described as follows: COMMENCING at the southwest comer of the southeast quarter of Section I 2; Thence along the west hne thereof, N 01°07' IO" E, I G05.09 feet; Thence 5 88°52'50" E, 20.00 feet to the east hne of a parcel of land conveyed to the Un1vers1ty of Idaho, Recorder's instrument number 547 I 7G; Thence 5 42°00'00" E, 35. l 3 feet to the west hne of a parcel of land described in Exh1b1t A of Assignment and Quit Cl.aim, Recorder's instrument number 332595 and the POINT Of BEGINNING: Thence along sa.1d west hne, N 0 I 0 25'24" E, 43.G4 feet; Thence S 42°00'00" E, 74.G9 feet to the easterly hne of an existing waterline easement shown and described on a survey of the Palouse Empire Mall, Recorder's instrument number 305G4 I ; Thence along said easterly line, 5 G7°37154" W, I 8 ~ 73 feet; Thence continuing along said easterly lme, 5 00°2 I ' I 5" E, I 8.GO feet; Thence N 42°00'00" W, 50.GO feet to the f'OINT Of BEGINNING, Containin~ I 7 I 8 Square Feet, more or less. Th15 description was prepared by Duane Priest on January I 2, 20 I 7 . I 29 Wef>t Street, II I 02 • Mo~cow, ID 83843 (208) B83-533S phone • (208) M3-4309 fl!X .ill!J!:OC @lnmrociscon5ull 1119,net PUBLIC UTILITIES EASEMENT Page 3 of4 ---PAGE BREAK--- - 7- v:Q 815 .r a~ (fj z ~i IC r.i E ~ \.LI ~ 0 ~ 'b Ci~ l 2 tL- 0 ~ Q 5 I /4 Ct)rro<":r of Section I 2 (:<>outliwe"'t corner of tlie :.>out he.·~ ejuarter) PUBLIC UTILITIES EASEMENT EXHIBIT MAP Waterline Easement Located in the SE l /4 of Section I 2, T39N, RGW, Boise Mer1d1an, City of Moscow Latah County, Idaho UN1VEf611Y Of IDNIO 20 ORIGINAL SCALE : I' = 20 FEET RIM ROCK CONSUL TTNG, fNC. • !ill• ~ . • ~ iltJ&'U.t t-t.!l~ufoit.f6J ~ 1 JA;; LJliil.J · - Hltd vul(-tt"P1'11!Tf'!J:•I :l'EfT l Of l Page4of4