Full Text
515878 PERMANENT PUBLIC ACCESS EASEMENT· COLIN F. JOHNSON, whose address is 567 Third Avenue NW, Kalispell, MT 59901, GRANTOR, owner of real property affected hereby, in consideration of one dollar and other valuable consideration in hand paid, does 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 a public access, including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: A 15 foot wide easement located in the NWY. SEY. of Section 5, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, as shown on the attached Exhibit and being more particularly described as follows: Beginning at the northwest corner of Lot 1, Block B of the Christopher's Crossing Subdivision, recorded as Instrument No.452053 on file with the Recorder's office of said county; Thence S89°36'53"E, 44.86 feet along the northern boundary of said Lot 1; Thence S0°00'00"E, 15.00 feet; Thence N89°36'53"W, 64.97 feet, parallel with and 15.00 feet distant of said northern boundary of Lot 1 and the northerly boundary of Lot 2 of said subdivision; Thence N0°24'44"E, 15.00 feet to a point on the northerly boundary of said Lot 2; Thence S89°36'53"E, 20.00 feet, along said northerly boundary, to the point of beginning. Said easement contains 97 4 square feet, more or less. for the purpose of constructing, operating, maintaining, and repairing or replacing said pubiic access by the City oi Moscow or its agents or contractors or franchised utility companies. GRANTOR, his 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 public access. GRANTOR agrees that he and his 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 public access (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 GRANTOR, his 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. PERMANENT PUBLIC ACCESS EASEMENT Page 1 of 1 2007-12 ---PAGE BREAK--- It is expressly intended that the rights, burdens and restrictions contained in this Easement shall run with the land and shall forever bind GRANTOR AND GRANTEE, their heirs and assigns. IN WITNESS WHEREOF, GRANTOR has hereunto set his hand and seal this d.711L day of v?@\.AB.CD.E.