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RELEASE OF CONSTRUCTION EASEMENT THIS RELEASE OF CONSTRUCTION EASEMENT ("Release") is executed this J_ y of b-lc..tv'\1 .ht .JV , 2014 by the City Of Moscow, Idaho, a municipal corporation organized and existing under the laws of the State of Idaho ("City"). WHEREAS, Grantors, executed and delivered to City that certain Easement recorded September 5, 1963, recorded under Recorder's File No. 222941 in Book 14, Page 384, records of Latah County, Idaho (the "Easement"); and WHEREAS, pursuant to the terms of the Easement, City was granted a construction easement over the real property more particularly described in the Easement described above ("Easement Area"); and WHEREAS, the Easement Area is a strip of ground ten feet (10') wide on the West side of U.S. Highway 95 between station forty-five (45) plus eighteen and five tenths (18.5) and forty-five (45) plus fifty-eight and five tenths (58.5) which is the entrance to the supermarket parking lot and is more fully described, to wit; Beginning at a point on the West right-of-way line of U.S. 95 at station forty-five (45) plus eighteen and five tenths (18.5) and running thence West a distance of ten feet thence North parallel to said West right-of-way line a distance of forty feet thence East a distance of ten feet (1 to the West right-of way line, thence South on said right-of-way line a distance of forty feet (40') to the point of beginning WHEREAS, Grantors or their successors or assignees (hereinafter "Owner[ s are the current owners of record of the Subject Property; and WHEREAS, the Construction Easement has expired after the time contemplated for its intended purpose; and WHEREAS, the Owner has requested that City release the Easement and City has agreed to release its interest created under the Easement without any conditions set forth. NOW, THEREFORE, City agrees as follow: 1. Recitals. All of the foregoing recitals are true and correct and expressly incorporated herein by this reference. 2. Release of Easement. City hereby releases, terminates and quitclaims any and all right, title and interest in and to the Easement Area and the Easement. 3. Owner Obligations. As a condition to this Release, for satisfactory consideration, hereby acknowledged by Owner, Owner releases City from any claims, damages, or liability that may arise due to City's Release. 4. Recording. Upon execution, this Release may be recorded in the Public Records of Latah County, Idaho. This Release is binding upon the Owner of the property underlying the Easement Area, its successors and assigns, and runs with the property underlying the Easement Area. IN WITNESS WHEREOF, this Release has been executed by City on the day and year first above written: CITY OF MOSCOW Bill Lambert, Mayor 569306 AT THE REQUEST Vcj fo 'CJ? z SlfuAN PETERSEN/ LATAH COUNTY FEE$¢ B