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519246 RECEIVED PERMANENT PUBLIC PATHWAY EASEMENT DEC 13 2007 CITY OF MOSCOW KNOW ALL MEN BY TiffiSE PRESENTS, that Palouse River and Coulee City Railroad, Inc., a Washington corp<>ration (hereinafter "GRANTOR"), owner of real property affected hereby, in consideration of one dollar and other valuable consideration in hand paid, does hereby grant the CI1Y OF MOSCOW, a municipal corp<>ration of the State of Idaho, 206 East Third Street, Moscow, Idaho 83843, (hereinafter "GRANTEE") and its agents and assigns, a non-exclusive easement and right-of-way, in which to occupy, construct and maintain a pedestrian and bicycle pathway including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: An easement located in the southwest quarter of the northwest quarter of Section 17, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, as shown on the attached EXHIBIT and being more particularlv described as follows: Commencing at the center quarter comer of said Section 17, from which the west quarter comer of said section bears North 89°20' IT' West; thence along the south line of the northwest quarter of said Section 17, North 89°20'17" West 1113.54 feet to the southerly line of the railroad right-of-way commonly known as the Northern Pacific Railway Company (NPRR) Lewiston Branch line right of-way; thence North 76°00'00" West 46.63 feet; thence continuing along said right-of-way 547.96 feet on a curve to the right having a radius of 2342.01 feet and a chord which bears North 69°!7'50" West, to the southeast corner of an existing pathway easement described in Instrument No. 495437 on file with the Recorder's office of said Latah County; thence continuing along the south boundary of said existing easement and along said rigbt-of-way 65.00 fuet on a curve to the right having a radius of 2342.0 I feet and a chord which bears North 61°49'12" West to the POINT OF BEGINNING; thence continuing along said existing easement North 17°51 '08" East 49.85 feet; thence continuing along said existing easement North 43°28'15" West 46.26 fuet; thence leaving said easement S l l 032'27"E 82.69 feet to the POINT OF BEGINNING. Said easement contains 1,012 square feet, more or less. For the purpose of constructing, operating, maintaining, preparing and/or replacing a pedestrian and bicycle pathway by the City of Moscow, Idaho or its agents, representatives, transferees 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 access on or across said area. 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 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 pathway. Upon exercising these rights, GRANTEE shall restore the property to its prior condition and shall compensate GRANTOR, its 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 PATHWAY EASEMENT Page 1 of2 20\17-55 ---PAGE BREAK--- 519246 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 its band and seal this \ D day of G:xx'b , 2007. GRANTOR: Palouse River and Coulee City kaliroad, inc., a washington C ration i STATE OF Kt!..n?m ) )ss: COUNTY OFt'((}J,• ) JULY 12 1887 GRANTEE: City of Moscow, 1daho ACKNOWLEDGEMENTS On this day of \)tis: , 2007, before me, a Notary Public of the State of f: C\,r , personally appeared Gary Lundy, known or identified to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the duly authorized agent for Palouse River and Coulee City Railroad, Inc. PERMANENT PUBLIC PATHWAY EASEMENT Page 2 of 2 ---PAGE BREAK--- Palouse River and Coulee City Railroad, Inc. Palouse Rivar and Coulee City Railroad, Inc. PERMANENT PUBLIC PATHWAY EASEMENT POINT OF BEGINNING Martson 519246 AT THE REQUEST OF: O'Connell City of Moscow EXHIBIT'A' PERMANENT PUBLIC PATHWAY EASEMENT PALOUSE RIVER AND COULEE CITY RAILROAD, INC. TO THE CITY OF MOSCOW, IDAHO October 2007