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445072 Permanent Underground Utility and Sidewalk Easement KNOW ALL MEN BY THESE PRESENTS, that Arthur E. Franklin and Oveta Mae Franklin, husband and wife (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 ofldaho, 206 East Third Street, Moscow, Idaho 83843, (GRANTEE), and its agents and assigns, a permanent easement in which to construct and maintain underground utilities and sidewalk including the right to enter upon, occupy and use property located in the vicinity of the City of Moscow, Latah County, Idaho, to wit: An underground utility and sidewalk easement located within a tract of land described in Warranty Deed No. 353526 on file with the Recorder's Office of said Latah County and situated in the S 1/2 Nl/2 SW1/4 of Section 5, T39N R5W BM, said easement being 10 feet in width and parallel to the proposed Franklin Road right-of-way of Quail Run Second Addition and being more particularly described as follows: Beginning at the southwest corner of said Section 5; thence N o• 50'25" E, 1933.30 feet along the west line of said section; thence S 89" 27'23" E, 314.80 feet along the north line of the S1/2 N1/2 SWl /4 of said section 5; thence S 00" 30'45" W, 176.75 feet; thence S 03• 04'24" W, 269.02 feet; thence S 89" 15'11" E, 372.70 feet to a point on the westerly right-of-way line of said Franklin Road and the true point of beginning of this easement. Thence S 00"44'49" W, 200.00 feet along said right-of-way; thence N 89• 15'11" W, 10.00 feet; thence N 00" 44'49" E, 200.00 feet; thence S 89" 15'11" E, 10.00 feet to th true point of beginning. For the purpose of constructing, operating, maintaining, and repairing or replacing underground utilities and sidewalk by the City of Moscow or its agents or contractors or franchised utility companies. The GRANTORS, their successors and assigns, reserve the right to improve said easement area as long as such improvement shall not unreasonably interfere with the use, construction, maintenance, repair and/ or reconstruction of the utilities or sidewalk. The 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 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 to its prior condition and shall compensate GRANTORS, their successors or assignees, for any damages suffered. 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. 99-54 ---PAGE BREAK--- It is expressly intended that these burdens and restrictions shall run with the land and shall forever bind the GRANTORS, their heirs and assigns. IN SS WHEREOF, they have hereunto set their hand and seal this ,1999. /4 day of GRANTORS: Arthur E. Franklin STATE OF IDAHO ) )ss COUNTY OF LATAH ) Oveta Mae Franklin On this trj day of g 1au , 1999, before me, a Notary Public of the State of Idaho, personally appeared Artr E. Franklin and Oveta Mae Franklin, known to me to be the persons described in the foregoing document and acknowledged to me that they executed the same. Commission expires 'L 5 445072 s LATAH COUNTY RE FEE$ /zoo "'/PaS " FILMED /Jfo.-wltJ$