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GRANT OF RIGHT-OF-WAYEASEMENT THIS GRANT is entered into this ll day of i\JIIC008, by the Palouse Land Trust, an Idaho not-for-profit corporation, hereinafter called "the Land Trust", Maynard and Margaret Fosberg, Husband and Wife, hereinafter called "the Fosbergs", and for the benefit of the City of Moscow, a municipal corporation of the State ofldaho, hereinafter called "the City" whose address is: 206 East Third Street, Moscow, Idaho 83843, and collectively referred to as "Parties"; WHEREAS, the Fosbergs own land located in the City of Moscow described as follows: Nl/2 NWI/4 SWI/4, Section 9, Township 39 North, Range 5 West, Boise Meridian. WHEREAS, the Fosbergs have by a Deed of Conservation Easement granted to the Palouse Land Trust dated the 11 '11 day of November, 1999, granted a Conservation Easement upon and over a portion of the property described above, the same being recorded at Latah County Recorder's Fee No: 447564 and as amended on March 24'11, 2000, the amendment being recorded at Latah County Recorder's Fee No. 449595; AND WHEREAS, the City desires to widen a portion of"D" Street in Moscow over and upon property owned by the Fosbergs and upon which a portion of the conservation easement is in place, and desires to acquire a exclusive perpetual public right-of-way; as more fully set for below; THEREFORE, IN CONSIDERATION OF THE COVENANTS AND CONDITIONS CONTAINED HEREIN: 1. GRANT OF EXCLUSIVE PERPETUAL PUBLIC RIGHT-OF-WAY AND ROADWAY EASEMENT: That the Fosbergs and the Land Trust grant to the City a perpetual exclusive public right-of-way and easement for a pubic roadway and bicycle/pedestrian pathway across and upon the property described below. For purposes of this grant of easement, the existing City right-of-way along Street is the benefited parcel ("the dominant property") and the portion of the Fosberg property described in paragraph 2 below is the burdened property ("the serviant property"). The easement created hereby shall run with the serviant property and the dominant property and be binding upon and shall inure to the benefit of the parties hereto, their agents, successors and assigns. 2. DESCRIPTION OF EASEMENT: The easement herein granted is described as follows: A portion of land contained within that parcel of land described in Quit Claim Deed No. 275507 on file with the Recorder's office of Latah County, Idaho, and situated in the north half of the northwest quarter of the southwest quarter of RIGIN GRANT OF RIGHT-OF-WAY AND EASEMENT 1 2D0<6· 32. ---PAGE BREAK--- Section 9, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, and being more particularly described as follows: Commencing at the southwest corner of the northwest quarter of Section 9, Township 39 North, Range 5 West, Boise Meridian, from which point the southwest corner of said section bears S00°16'55"W 2641.06 feet; thence along the north line of said southwest quarter, S89° ll'59"E 30.00 feet; thence leaving said north line, S00°!6'55"W 30.00 feet to the intersection of the east right-of way line of Mountainview Road and the south right-of-way line of 10' Street; thence along said south right-of-way line, S89° II '59"E 588.72 feet to the TRUE POINT OF BEGINNING; thence continuing along said south right-of-way line, S89°]]'59"E 465.97 feet; thence leaving said south right-of-way line, S00°48'0 l "W 6.00 feet; thence N89°l l '59"W 189.00 feet, parallel with and 6.00 feet distant of said south right of-way line; thence S00°48'01"W 1.00 feet; thence N89°l l '59"W 276.97 feet, parallel with and 7.00 feet distant of said south right-of-way line; thence N00°47'52"E 7.00 feet to the TRUE POINT OF BEGINNING Said easement contains 0.071 Ac. (3,073 square feet), more or less. 3. USE OF EASEMENT: The use of the easement shall be as follows: A. The use of the easement shall be as a right of way for motor vehicles and a bicycle/pedestrian pathway. No portion of the easement shall be used for storage, parking or maintenance of vehicles. B. The easement as a utility easement shall be used exclusively for the placement of underground utilities. No surface rights are granted with this underground utility easement except the temporary rights for construction and maintenance. C. The easement shall include the right to provide curbing, sidewalks, and any necessary lateral or adjacent support necessary to the placement of a roadway and sidewalk in the easement area. Provided however, curb cuts shall be established at locations currently being used for access to the Grantor's property from Street. 4. PERPETUAL EASEMENT: The easements and use and restrictive covenants created herein shall run with the land and be binding upon and shall inure to the benefit of the parties hereto, their agents, successors and assigns. Dated this day The Palouse Land Trust, Inc. By: V · 8 14 / Title:( ATT'S2 · Secy: • · · p Jav Penoi v I c , e , GRANT OF RIGHT-OF-WAY AND EASEMENT 2 ---PAGE BREAK--- State ofiDAHO ) County of Latah ) On thiday of Apti/ , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Maynard and Margaret Fosberg, husband and wife, known or identified to me to be the persons whose names are subscribed to the foregoing instrument and acknowletl,"lilliJII;);?f] , they execut d t arne . . . )oRN 11. ' . 7 , ? _ ' · NO · O 7"-1P \0 for : : 'Z 5z+ngr • in rV\oQw 1 ::l.Pf\1'10 - · ' • - ! . V(Ji f *y COffiffiiSsion expires: \I . c . / . · . . 3 Of:: IOA'i\o,,,, State of IDAHO ) 1'11n 1111\ County of Latah ) On this 21_ day of :t.L , in the year 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Gerry Wright, known or identified to me to be the president of the Corporation that executed the instrument and acknowledged to me that such Corporation executed the same. H Ill I ) # & · : . . _.·NOTA . / I a, _ F1 Y (Notary Pub)tC1'6( : • - : 'Residing in - - d' vBliC : , My commission expires: 1 I 0 1 5:.A · . ' "")oti- . . < o 3 OF 111/HU G:re:land trust. Fosberg, City. Easementvr4 GRANT OF RIGHT-OF-WAY AND EASEMENT 3