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' t ) > T NO. HE !<[QUEST OF: Ji cowrol'TLE co Project No. STP-7564(004) Key No. 03546 - & HOUR.,?' e SUSA!% TERSEN F LATAH COUNTY FEE$ , ?le B _ Parcel No. 22 Parcel ID. No.03546L22 PERMANENT EASEMENT E. NORMAN McGOUGH, and PATRICIA McGOUGH, husband and wife, GRANTORS, owner 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 non-exclusive permanent easement and right-of-way including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: An easement consisting of that portion of the Northeast Quarter of the Southwest Quarter of Section 7, Township 39 North, Range 5 West, Boise Meridian, City of Moscow, Latah County, Idaho, more particularly described on Exhibit attached hereto and incorporated herein by reference. Said easement contains 414 square feet, more or less. for the purpose of constructing, maintaining, and repairing or replacing a retaining wall and related accessories by the City of Moscow or its agents or contractors. 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 said retaining wall and related accessories. 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 retaining wall and related accessories. Upon exercising these rights, GRANTEE shall restore the property to its prior condition. 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 contained in this Easement shall run with the land and shall bind GRANTORS AND GRANTEE, their heirs and assigns until such time this Easement is vacated by GRANTEE. PERMANENT EASEMENT Page 1 of 3 2-0\ z.-1 S2 ---PAGE BREAK--- I ' IN WITNESS WHEREOF, GRANTORS have hereunto set their hand and seal this _ _ day of 2'Y7(f- '20 12. GRANTO RS: e 4 . r",.A Ule a µ-ti E. Norman McGough State of Itf,:, k.a ) County of h. ) %01 £ 'Hi / 2Patricia McGough Q.ň - - ʼnQ(..t ACKNOWLEDGEMENTS On this 'J day of '7Y/ . - , 2012, before me, the undersigned, a Notary Public, in and for said State, personally ap. u·ed E. Norman McGough, known to me, and/or identified to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the sa e. . . fVl /2 ' 3''4'?-_\5lf\.f6·.'11?1,.7 . : ··?t'+otary Pubhc for: dQAk g ŊOTAJip 'kesiding at: Troy TD f ş • Š .NT OF POWER. Any and all powers and authorities granted under this power of attorney shall become effective only upon the disability of the principal. The determination of my disability shall be based Şpon the opinion of my then attE1ndinq family physician. The certification, beinq duly executed and acknowledged, by my family physician that I am disabled due to mental illness, mental deficiency, physical illness or disability1 advanced age, chronic uae of drugs or chronic intoxication, shall be sufficient to effectuate thi s power of attorney. ARTICLE 2. GENERAL GRANT OF POWER. My agent, pursuant to Article 1 of this instrument, shall have power to exercise or perform any act, power, duty, right or obligation what5oever that I now have or may hereafter acquire, relating to any person, matter, transaction or property, real or personal, tanqible or intangible, now owned or hereafter acquired by ma, including, without limitation, the powers specifically enumerated in this instrument. Generally, my agent shall have power to do and perform all matters, transact all business, and make, execute and acknowledge all contracts, orders, deeds, mortgages, leases, assiqnl'nents, ast:iurances, and ir1strumentቋ ut every kind which may be requisite or proper to effectuate the purposes of this general power of attorney. ARTICLE 3. SPECIFIC ቊRS. Without in any way limiting the generality of the power and authority conferred upon my agent by this instrument, my agent shall have and may exercise each of the following specific powers: GENERAL DURABLE POWER OF ATTORNEY - 1 ---PAGE BREAK--- nAY-;-Q·S-2012 10: 05 AM PRESNELL - GAGE. MOSCOW [PHONE REDACTED] A. Power to 8ire and Sall. To acquire, purchase, exchanqe, grant opt c:>ns and sell, assign, {elease, convey, mortg"qa, hypothecate, lease, and accept and take possession of real and personal property and interests therein, both tangible and intangible, upon such terms, conditions, and covenants as my agent shall deem proper and to sign, seal, execute and deliver and acknowledge such deeds, leases, contracts, assignments, indentures, agreements, mortgages, deeds of trust, bills of sale, security agreements and related forms, exchange agreements, bills, bonds, notes, receipts, releases and satisfactions of mortgages, security interests, and judgments, and such other instruments in writing as shall be proper. This power shall also include the power to sell, assign, transfer or make gifts to minors or others of stocks, bonds, and mutual funds. B. Borrowing and Banking Power.a. To borrow moneys on my behalf and to sign, seal, execute, del1ver and acknowledge on my behalf such promissory note.a, bills, bonds, or. other evidence of indebtedness and such mortqaqes, deedB of trust, security aqreements, pl.edges, or other documents to secure the payrnent of borrowed funds as my agent shall deem proper. To make, receive, and endorse checks a.nd drafts, dEtposit and wi thdraw funds, acquire and redeem certificates of deposit, in banks, savings and loan associations, and other financial institutions, and to release such mortgages, deeds of trust, or other security instruments as may be necessary or proper in the exercise of the rights and powers herein granted. C Powers of To forgive, request, deman , sue or, and hold all sums of money, debts, dues, checks, ·drafts, accounts, deposits, legacies, bequests, devises, notes, interests, stock certificates, bonds, dividends, certificates of deposit, annuities, pension, profit sharing, retirement, Bocial security, Medicare, insurance, and other contractual bei1efits and proceeds, all documents ot title, all property and property rights, real or personal, intangible and tangible, and demands whatsoever, liquidated or unliquidated, now or he;-ea!ter owned by, or due, owinq, payable or belonqinq to, me or in which I have or may hereafter acquire an interest; to have, use, and take all lawful means and equitable and legal. remedies and proceedings in my name and for the collection and recovery thereof including the enforcement of ቈortgages, deeds ot trust and security instruments, and to adjust, sell, compromise, and agree for the same, and to execute and deliver for me, on my behalf, and in my name, all endorsements, releases, receipts, or other sufficient discharges for the same. To pay and discharge all debts and demands due and payable or which may hereafter become due and payable by me to any person or persons whomsoever. D. Managanent Powers. To maintain, repair, improve, invest, manage, Insure, rent, lease, encumber, partition and in any manneŝ deal with any real or personal property, tangible, or any interest GENERAL DURABLE POWER OF ATTORNEY - 2 ---PAGE BREAK--- t.lAY-'0'9-2012 10:06 AM PRESNELL - GAGE. MOSCOW [PHONE REDACTED] p' 04 5 6? 0 2 therein, that I now own or may hereafter acquire, upon such terቆs and conditions as my agent shall deem proper, and to transfer any or all of my assets to the trustee of any revocable living trust which I may have crea.ted. E. Motor Vehicles. To apply for a certificate of title upon, and endorse and transfer title to, any motor vehicle, and to represent in such transfer assignment that the title to said motor vehicle is free and clear of all liens and encumbrances except those specifically set forth in such transfer assigmn:ent. F. Busina•• rntarests. To conduct or participate in any lawful bus!ness of wfiatever nature; to execute partnership agr>ements and amendments thereto; to incorporate, reorganize, merge, consolidate, recapitalize, sell, liquidate or dissolve any business; to elect or employ officers, directors and agentsi to carry out the provisions of any agreement for the sale of any b\.1s.tness interest or the stock therein; and to exercise voting rights with respect to stock, either in person or by proxy, and to exercise stock options. G. Tax Powers. To prepare, sign and file joint or separate income tax returns or declarations of estimated tax for any year or years; to prepare, sign and file gift tax returns with respect to gifts made by me for any year or years; to consent to any gift and to utilize any gift-splitting· provisions or other tax alection; and to prepare, $ign and file any claims for refund of any tax. H. Baቄe De;I8it Boቅas. To have access at any time or times to any safe depot box rented by me, wheresoever located, and to remove all or any part of the contents thereof, and to surrender or relinquish said safe deposit box, and any institution in which any such safe deposit box may be located shall not incur any liability to me or my estate as a result of permitting my agent to exercise this power. I. PaYffi!IDt of E,:g>9nses. To pay my ordinary household expenses, to arrange for and pay the costs of medical, nursing, hospital, convalescent and other health care and treatment, including but not limited to admission to hospitals and consent to treatment, and to make application for insurance, pension or employee benefits related to such health care and treatment. ·enu.= Śtm ś · Ŝ18u. o continue to c y, purchase, cance or spoee o casualty, property or income protection, medical, hospital, life, liability or other insurance and to pay any premiums thereon. ቃ o. t.._-.-E_l.s1e2w-h.e3r-Q=-_...-.P4r5e 6a7 Finally, without en arqemen o t e aut ority above conferred, each and every instriiment, to undertake each and every and to take from time to time any and all action of nature and with relation to any matters whatsoever, GENERAL. DURABLE POWER OF ATTORNEY - 3 ---PAGE BREAK--- , ZAY-D[-2012 10:06 AM PRESNELL - GAGE. MOSCOW [PHONE REDACTED] P. 05 s'7'1q? v . ,0 whether or not specifically mentioned herein, and to exercise in respect thereto as full and complete power and discretion as I myself might or could do. ARTICLE 4. INTERPIU:TA'l'ION. This instrument is to be construed and interpreted as a general power of attorney. The enumeration of specific powers herein is not intended to, nor does it, limit or restrict the general power.a herein qranted to my agent. ARTICLE 5. DISABILITY OF PRINCIPAL-DURABLE POWER. This general power of attorney shall not be affected by disability of the principal and .:Is effectuated by the disability of the principal. ARTICLE 6. THI'.RP-PARTY ቁL:IANCE. Third parties may rely upon the reprቂsentations of my agent as to all matters relating to any power grቇ.nted to my agent, and no person who may act in reliance upon the representations of my agent or the authoz:i ty grant;ed to my agent shall incur any liabi l i ty to me or my estate as a result of perrnittinq my aqent to exercise any power . .ARTICLE 7 • SUCCESSOR CO-AGENTS. In the event m.y aqent dies or is determined by a court of competent jurisdiction to be incapacitated, I de signate DAVID ELLIS ABHOtT of Latah County, State o! Idaho, and DEAN ABBOTT of Latah County, State of Idahq, as his successor to act as my co1agents with all the power5 referred to herein. In the event one of them dies or is determined by a court of competent jurisdiction to be incapacitated, the other shall act alone. ARTICLE 8. GOVERNING t.Nf. '!'his general power of attorney is executed and delivered in the State of Idaho and the laws of the state of Idaho shall govern all questions as to the validity of this power and as to the construction of its provisions. ARTICLE 9. DUTIES OF .AGENT. My agent shall exercise or fail to exercise the powers and authorities granted herein in each case as my aqent in his absolute discretion deems desirable c:>r appropriate under existing GENERAL DURABLE POWER OF ATTORNEY - 4 ---PAGE BREAK--- · AY70-2Dl2 10:07 AM PRESNELL - GAGE. MOSCOW [PHONE REDACTED] p. 06 56?092 ' . circumstances. However, nothing herein shall be construed as imposing a duty on my agent to act or assume responsibility for any matters referred to above or other rnatte.ra even though my agent m21y have power or authority hareunder to do so. AATICLE 10. lNVALl.O PROVISIONS. If any power or authority hereby sought to be- conferred upon i,ny aqent should be invalid or \Ulexercisable for any cause or not recognized by any person or organization dealing with my agent, the remaining powers and authorities given to my agent hereunder shall nevertheless contin\e in full force and effect . .ARTICLE 11. EXPIRATION. It is my intent that this power of attorney shall remain in full force and effect and that the power granted herein shall continue without interruption until my death unless previously revoked by Jne . .ARTICLE 12 • CONSERVቀTORSHIP. In the event that a l.ega1 proceeding for conservatorship of my estate and affairs is instituted, I hereby nominate the agents, as respectively set out herein, as conservator. ሿTICLE 13 • SPECIMEN SJ:GNA'l'URE OF .AGENT. E. No McGoUGH, en IN WITNESS WHEREOF, I hereby certify to the correctness o! the foregoing signature and have set my ha7 and seal to tbe foregoing general power of attorney this '2 q r- day of Ce.- rv4 I 2000.. ( M. PATRICIA McGc;;ilCipal GENERAL DURABLE POWER OF ATTORNEY - 5 ---PAGE BREAK--- I . łAY7G9-2012 10:07 AM 1 ' ' . • PRESNELL - GAGE. MOSCOW [PHONE REDACTED] p' 0 7 i6'7092 ' . STATE OF ID.AHO County of Latah On this ,C..1 ሾday of c.._ro r69 , 2000, before me, the undersigned a Notary PUblic in an or said State, personally appeared M. PATRICIA McGOUGH, known to me to Qe the per.son whose name is subscribed to the within Power of Attorney and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this in.strUil\ent first above written. ry P c dabo, residing at My commission expires: /..z.Odi:i GENERAL DURABLE POWER OF ATTORNEY - 6