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546313 PERMANENT WATERLINE EASEMENT WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust, 2001 SE 10TH Street, Bentonville, Arkansas 72712, 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, GRANTEE, and its agents and assigns, a non-exclusive permanent easement and right of-way in which to construct and maintain an underground waterline and related appurtenances, including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, as more particularly described on Exhibit A and shown on Exhibit 8 attached hereto and made a part hereof; For the purpose of constructing, operating, maintaining, and repairing or replacing underground waterlines, water service lines, water meters, fire hydrants, and other 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 waterline or related appurtenances. 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, 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 waterline or related appurtenances (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. Notwithstanding the foregoing, except in the event of an emergency, Grantee shall not perform significant maintenance on the waterline during the time period from October 31 through January 15 of each year. 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 the rights, burdens and restrictions contained in this Easement shall run with the land and shall bind GRANTOR AND GRANTEE, their heirs and assigns until such time this Easement is vacated by GRANTEE. IN WITNESS WHEREOF, GRANTOR has hereunto set its hand and seal this ,2011. GRANTOR: WATERLINE E Page 1 of2 ---PAGE BREAK--- ACKNOWLEDGEMENTS STATE OF :s s. County of ) On this '?fit:. day of 11, before me, a Notary Public, personally appeared an authorized representative for WAL MART REAL ESTATE BUSINESS TRUST, known to me to be the person named above, and acknowledged to me that he/she executed the foregoing document. Jane Bennett County of Benton Notary Public- Arkansas My Commission Exp. 03/13/2012 WATERLINE EASEMENT Not ry ublic)f'e - 41_.} Res1d1ng at - . My Commission Expires: 3 I Page 2 of2 546313 ---PAGE BREAK--- NORTHERLY WATER LINE EASEMENT EXHIBJT"A" LEGAL DESCRIPTION FOR PROPOSED WATER LINE EASEMENT 546313 A water line easement located in Section 12, T39N, R6W, BM, said easement being 20 feet wide and centered on the following described line: COMMENCING at the Northwest corner of Lot 1, Block 1 of Partial Replat of Hatley Addition to the City of Moscow recorded in the Latah County recorders office in Book 6 of Plats, Page 91; thence S00"10'28nE a distance of 275.18 feet to the TRUE POINT OF BEGINNING: thence N46.50'18"E a distance of 164.33 feet to a point herein after referred to as POINT thence continuing N46"50'18"E a distance of 42.75 feet; thence N89"49'33"E a distance of 339.01 feet to the terminus of this centerline description. The sidelines of the above described strip of land shall be prolonged or shortened, so as to terminate at the Easterly Right of Way line of War Bonnet Drive, and a line through the terminus point having a bearing of S00"10'27"E. TOGETHER with a twenty-foot (20') strip of land lying ten-foot (10') on each side of the following described centerline; COMMENCING at the aforementioned POINT thence N43"09'42"W a distance of 10.00 feet to the POINT OF BEGINNING; thence continuing N43"09'42"W a distance of 10.00 feet to the terminus of this centerline description. The sidelines of the above described strip of land shall be prolonged or shortened, so as to terminate at a line through the terminus point having a bearing of N46.50'18"E SOUTHERLY WATER LINE EASEMENT A water line easement located in Section 12, T39N, R6W, BM, said easement being 20 feet wide and centered on the following described line: COMMENCING at the Northwest corner of Lot 1, Block 1 of Partial Replat of Hatley Addition the City of Moscow, recorded in the Latah County recorders office in Book 6 of Plats, Page 91; thence S00"10'28"E a distance of 520.00 feet to the TRUE POINT OF BEGINNING: thence N89"4S'OO"E a distance of 110.00; thence S89"15'00"E a distance of 130.20 feet to a point herein after referred to as POINT thence continuing S89'15'00"E a distance of 339.80 feet; thence N05"45'00''E a distance of 25.71 feet; thence S88"48'44"E a distance of 48.41 feet to the terminus of this centerline description. The sidelines of the above described strip of land shall be prolonged or shortened, so as to terminate at the Easterly Right of Way line of War Bonnet Drive, and a line through the terminus point having a bearing of S01"11'16''W TOGETHER with a twenty-foot (20') strip of land lying ten-foot (10') on each side of the following described centerline; COMMENCING at the aforementioned POINT thence Noo·o4'03"E a distance of 10.00 feet to the POINT OF BEGINNING; thence continuing N00"04'03"E a distance of 26.93 feet to the terminus of this centerline description. The sidelines of the above described strip of land shall be prolonged or shortened, so as to terminate at a line through the terminus point having a bearing of N89"55'57"W ---PAGE BREAK--- LINE L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 EXHIBIT 8 PROPOSED WATER LINE EASEMENT LINE TABLE LENGTH BEARING 164.33 N46'50'18"E 42.75 N46'50'18"E 339.01 N89'49'33"E 10.00 N43'09'42"W 10.00 N43'09'42"W 110.00 N89'45'00"E 130.20 S89'15'00"E 339.80 S89'15'00"E 25.71 N05'45'00"E 48.41 S88'48'44"E 10.00 N00'04'03"E 26.93 N00'04'03"E P.O.C.=POINT OF COMMENCMENT P.O.B.=POINT OF BEGINNING LC ASSOCIATES I Z"7<0 C MlltA.ItAU 11-W'!' .".UTC 100 a•DU.tfll: VAL.L.CT WA8t