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533781 PERMANENT ACCESS AND UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that Palouse River and Coulee City Railroad, an Idaho corporation, 420 Hansen Street South, Twin Falls, Idaho, 83301 (hereinafter "GRANTOR"), in consideration of ONE DOLLAR and other valuable consideration in hand paid, receipt of which is hereby acknowledged, does hereby grant and convey to City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East 3rd Street, Moscow, Idaho, 83843 (hereinafter "GRANTEE"), and its successors and assigns, permanent easements and rights-of-way, together with the attendant customary uses, including ingress and egress, over, through, across and along, and the right to go upon, occupy, improve, and use that certain lot, tract or parcel of land situated in the County of Latah, State of Idaho, shown in Exhibit attached hereto and more particularly described as follows: A. Wastewater Treatment Plant Access Easement description: Located Within the Palouse River Coulee City Railroad Right-of-Way A 60 foot wide easement situated in the southwest quarter of the southeast quarter of Section 12, Township 39 North, Range 6 West, Boise Meridian, Latah County, Idaho, and being more particularly described as follows: Commencing at a brass cap monument marking the south quarter corner of said Section 12, said monument recorded as Instrument No. 307991 with the Recorder's office of said Latah County, with the center quarter corner of said Section bearing N0°13'04"E 2618.13 feet; thence N0°13'04"E 887.39 feet along the west line of the southeast quarter of said Section 12 to the south right-of-way line of the Palouse River Coulee City Railroad, said line also being the northerly boundary of the City of Moscow Wastewater Treatment Facilities; thence N88°50'00"E 41.94 feet along said right-of-way line to the TRUE POINT OF BEGINNING; Thence leaving said right-of-way line, N l 8°58'37"W 52.52 feet to a point on the centerline of said right-of-way; thence NOl 010'00"W 50.00 feet to a point on the north right-of-way line of said railroad; thence along said line, N88°50'00"E 60.00 feet; thence leaving said right-of-way line, SOl 01 O'OO"E 40.60 feet; thence S18°58'37"E 62.39 feet to a point on said south right-of-way line; thence along said line, S88°50'00"W 63.02 feet to the TRUE POINT OF BEGINNING. Said easement contains 6165 square feet, more or less. B. Sanitary Sewer Force Main Easement description: Located Within the Palouse River Coulee City Railroad Right-of-Way A 20 foot wide easement situated in the southwest quarter of the southeast quarter of Section 12, Township 39 North, Ranridian, Latah County, Idaho, PERMANENT ACCESS AND UTILITY EASEMENT- CITY PAGE I 0F4 ---PAGE BREAK--- 533781 with said easement being centered on the existing sanitary sewer force main, said centerline being more particularly described as follows: Commencing at a brass cap monument marking the south quarter comer of said Section 12, said monument recorded as Instrument No. 307991 with the Recorder's office of said Latah County, with the center quarter comer of said Section bearing N0°13'04"E 2618.13 feet; thence N0°13'04"E 887.39 feet along the west line of the southeast quarter of said Section 12 to the south right-of-way line of the Palouse River Coulee City Railroad, said line also being the northerly boundary of the City of Moscow Wastewater Treatment Facilities; thence N88°50'00"E 725.19 feet along said right-of-way line to the TRUE POINT OF BEGINNING; Thence leaving said right-of-way line, N01 °34'26"W 100.00 feet to a point on the north right-of-way line of said railroad and the terminus of this description. The east and west boundary lines of said easement shall extend or truncate to terminate at said north and south railroad right-of-way lines. Said easement contains 2000 square feet, more or less. C. Such Permanent Access and Utility Easements are made for purposes of constructing, illuminating, operating, maintaining, having access to, altering, improving, landscaping and/or repairing utilities, roadways, pathways, facilities, installations and the like and for accessing GRANTEE's Wastewater Treatment Plant and associated property adjacent to said easements and for other customary uses of utilities, facilities, structures, public vehicular, non-vehicular and pedestrian access. D. GRANTEE hereby releases and will protect, defend, indemnify, and save harmless GRANTOR, its heirs, successors or assigns from and against all claims, liabilities, demands, actions at law and equity (including without limitation claims and actions under the Federal Employer's Liability Act), judgments, settlements, losses, damages, and expenses of every character whatsoever (hereinafter collectively referred to as "Claims") for injury or death of any person or persons whomsoever and for damage to or loss or destruction of property of any kind by whomsoever owned, caused by, resulting from, arising out of, or occurring in connection with the construction, maintenance, alteration, repair, relocation, renewal, removal, use or presence of the Permanent Access and Utility Easements, or incidental to or appertaining thereto, and regardless of whether or not such injury or death or such damage to or loss or destruction of property are due to or chargeable to, in whole or in part, any alleged active or passive negligence or participation in the wrong or upon any alleged breach of any statutory duty or obligation by GRANTOR, its heirs, successors or assigns. E. GRANTOR agrees that it and its heirs, successors or assigns shall not build or place any new encroachment thereon which will unreasonably interfere with the right of GRANTEE to exercise these Permanent Access and Utility Easements. ((CAM Ai PERMANENT ACCESS AND UTILITY EASEMENT- CiTY PAGE20F4 ---PAGE BREAK--- 533781 F. GRANTEE, its agents, contractors, heirs, and/or assigns, shall have the right to perform any construction, maintenance and/or repair it may deem necessary or wish to exercise in connection with the aforesaid Permanent Access and Utility Easements including, but not limited to the right to make construction, repair, alteration, improvement of the property, illumination, placement and maintenance of pathways, facilities, structures, installations, utilities and landscaping which does not interfere with any railroad or common carrier use of and/or service to such property by GRANTOR or its heirs, successors, or assigns. G. 1. This Easement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, successors and assigns, subject, however, to the terms of Section G(2) hereof. 2. The permission hereby afforded shall be the personal privilege of GRANTEE, and no assignment or transfer thereof by operation of law or voluntary act of GRANTEE shall be made, or other use of the Permanent Access and Utility Easements be permitted as herein provided, without the prior consent of GRANTOR, its heirs, successors or assigns, and it is agreed that any transfer or assignment of this Permanent Access and Utility Easements, whether voluntary, by operation of law or otherwise, without such consent in writing, shall be absolutely void and, at the option of the GRANTOR, its heirs, successors or assigns, shall terminate this Easement. H. Responsibility for Environmental Claims (as defined in this Section H.l as between the parties shall be borne as follows: 1. The term "Environmental Claims" means any cleanup, response, removal or remediation required by a governmental entity, related to any environmental condi tions affecting the air, soil, surface waters, ground waters, streams, sediments and similar environmental conditions caused by, resulting from, arising out of, or occur ring in connection with this Permanent Access and Utility Easements. 2. GRANTEE shall be responsible for Environmental Claims ansmg from: environmental conditions on the Premises, or the use of or presence upon the Premises of GRANTEE, or that of its contractors, invitees or any unauthorized third party; or its failure, or that of its licensees or contractors, to comply with its obligations under this Permanent Access and Utility Easements when such failure is a contributing cause to such Environmental Claims. 3. GRANTEE shall release the GRANTOR, its heirs, successors or assigns from all responsibility for such Environmental Claims and shall defend, indemnify, protect and save harmless the other party from and against all such Environmental Claims. 4. GRANTEE shall give immediate written notice to GRANTOR, its heirs, successors or assigns of any release of hazardous substances on or from the Premises, any violation of environmental laws, inspection or inquiry of governmental authorities charged with enforcing environmental laws with respect to GRANTEE's use of the PERMANENT ACCESS AND UTILITY EASEMENT- CITY PAGE3 0F4 ---PAGE BREAK--- 533781. Premises, or any condition or activity on the Premises which creates a risk of harm to persons, property or the environment. IN WI1NESS EREOF, the parties hereto have set their hands and seals this Q'l:lL day of jou..e h , 2009. GRANTOR STATE OF Kansas ) ) ss: COUNTY OF Crawford ) GRANTEE ailroad, Inc. City of Moscow, Idaho ATTEST On this{:f0\ day of , 2009, before me, the undersigned, a Notary in and for said State, personally appeared. , known to me to be the person whose name is subscribed to the foregoing Permane ccess d Utility Easement and acknowledged to me that he/she executed the same in behalf of and as the duly authorized representative of Palouse River and Coulee City Railroad, Inc., and has the authority to bind Palouse River and Coulee City Railroad, Inc. to this Agreement. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. PERMANENT ACCESS AND UTILITY EASEMENT- CITY PAGE 4 OF 4 ---PAGE BREAK--- Scale: 1" = 50' 533781 CENTER 114 CORNER, SECTION 12, TOVNSHIP 39 NORTH, RANGE 6 VEST, w ' • I' 0 . ' 0 3 • I' 0 z 4' 'VCJ'> O(Y) " -'CO '=>ro z BDlSE MERIDIAN, LATAH COUNTY, IDAHO PERMANENT EASEMENT CENTERLINE 100' VIDE PALOUSE RIVER COULEE CITY RAILROAD RIGHT -OF -VAY CITY OF MOSCOW WASTEWATER TREATMENT FACILITY SDUTHVEST CORNER, SOUTHEAST QUARTER SECTION 12, TOVNSHIP 39 NORTH, RANGE 6 VEST, BOISE MERIDIAN, LATAH COUNTY, IDAHO EXHIBIT PERMANENT ACCESS AND UTILITY EASEMENT PALOUSE RIVER I COULEE CITY RAILROAD TO THE CITY OF MOSCOW, IDAHO SEPTEMBER 2009 ---PAGE BREAK--- Scale: 1" = 50' 533781 OAT & HOUR . I . : CENTER 114 CORNER, SECTION 12, SUSAN PETERSEN ¯ TDIJNSHIP 39 NORTH, RANGE 6 IJEST, LATAH COUNTY E ORO BOISE MERIDIAN, LATAH COUNTY, IDAHO S j 8. CP B 5 WI/ cxOf 2 dil( 20' WIDE PERMANENT EASEMENT CENTERLINE 100' IJIDE PALOUSE RIVER COULEE CITY RAILROAD RIGHT-OF-IJAY Nss·so'OO'E 725.19' iflc/ ffJ'g w CENTERLINE OF SANITARY SEVER FORCE MAIN TRUE POINT OF BEGINNING - "r' .-I(D c,ro z CITY OF MOSCOW WASTEWATER TREATMENT FACILITY SOUTHIJEST CORNER, SOUTHEAST QUARTER SECTION 12, TOIJNSHIP 39 NORTH, RANGE 6 IJEST, BOISE MERIDIAN, LATAH COUNTY, IDAHO EXHIBIT PERMANENT UNDERGROUND UTILITY EASEMENT PALOUSE RIVER I COULEE CITY RAILROAD TO THE CITY OF MOSCOW, IDAHO SEPTEMBER 2009