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440623 PERMANENT PUBLIC SIDEWALK EASEMENT KNOW ALL MEN BY THESE PRESENTS, that VISTA DEVELOPING, INC., Route 1, Box 67, Pullman, Washington 99163 (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 of Idaho, 206 East Third Street, Moscow, Idaho 83843, (GRANTEE), and its agents and assigns, a permanent easement and right-of-way in which to construct and maintain a public sidewalk including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: An 10 foot wide public sidewalk easement located in the Moser Estates Fifth Addition to the City of Moscow, Latah County, Idaho as shown on the plat recorded as Instrument No. 410298 on file with the Recorder's office of said Latah County, and centered on the following described line: Beginning at the southwest corner of Lot 11, Block 2; thence S89°16'33"E 96.00 feet along the south boundary of said Lot 11; thence continuing along said boundary 846°23' 49"E 31.42 feet to the right-of way line of Shoshone Street and the end of this easement. For the purpose of constructing, operating, maintaining, and repairing or replacing a public sidewalk by the City of Moscow or its agents or contractors. 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 construction, operation, maintenance, repair and/or reconstruction of the 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 sidewalk (induding, 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. It is expressly intended that these burdens and restrictions shall run with the land and shall forever bind the GRANTORS, their heirs and assigns. 99-03 ---PAGE BREAK--- ' . ' 440623 IN WITNESS WHEREOF, they have hereunto set their hand and seal this _f-day of JuUlilhj . 191 GRANTORS: VISTA DEVELOING,INC: FRED H. WEXLER, President STATE OF IDAHO COUNTYOF Lo...hh ) )ss ) (Aft VISTA DEVELOPING, INC? BONNIE WEXLER, Secretary-Treasurer On this LJ fh-- day of ,.Jin , , 1939_, before me, a Notary Public of the Stat personally appeared Fre H. Wexler and Bonnte Wexler known to me to be the persons described in the foregoing document and acknowledged to me that they executed the same. Not Co iss ion expires: _ ---PAGE BREAK--- Southwest Corner Lot 11, Block2 Lot 11 Block 2 S89.16'33"E 96.00' 5' S46.23'49"E 31.42' Lot 10 Block 2 sf> 0 Lot 9 Block 2 Lot 30 Block 1 Lot 31 Block 1 Lot 32 Block 1 Not to Scale January 4, 1999 PERMA'NENT PUBLIC SIDEWALK EASEMENT ' VISTA DEVELOPING, INC. · . , TO A•1,. THE CITY OF MOSCOW