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520161 PERMANENT PUBLIC PATHWAY AND UTILITY EASEMENT IT ANI LAND COMPANY LIMITED LIABILITY COMPANY, a Washington limited liability company, whose current address is SW 1515 Wadleigh Drive, Pullman, Washington, 99163, GRANTORS, owners 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 easement for the purpose of constructing and maintaining public utilities and a public pathway along with any customary attachments and accessories, 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 SW1/4 of the SW1/4 of Section 9, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, being a portion of the ltani Land Company Limited Liability Company tract described in Quit Claim Deed No. 513742 on file with the Recorder's office of said Latah County, with said easement shown on the attached EXHIBIT and being more particularly described as follows: Commencing at the southwest corner of said Section 9; thence N00°16'55"E 660.27 feet along the west line of said Section 9; thence leaving said section line, S89°33'24"E 30.00 feet to the southeast corner of a dedicated public right-of-way described in Instrument No. 466105 on file with the Recorder's office of said Latah County, and the TRUE POINT OF BEGINNING; thence N00°16'55"E 328.50 feet along the east line of said dedicated right-of-way to the northeast corner of said right-of-way; thence S89°33'24"E 25.00 feet along the north boundary of said ltani Land Company tract; thence leaving said boundary, S00°16'55"W 328.50 feet to the south boundary of said ltani Land Company tract; thence along said south boundary, N89°33'24"W 25.00 feet to the TRUE POINT OF BEGINNING. Said easement contains 8,213 square feet, more or less. 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 utilities or pathway or its attachments and 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 utilities or pathway or its customary attachments and accessories (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. 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 AND UTILITY EASEMENT Page 1 ol2 2008-06 ---PAGE BREAK--- 520161 It is expressly intended that the rights, burdens and restrictions 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. IN WITNESS WHEREOF, GRANTORS have hereunto set their hand and seal this day of ,2008. GRANTORS: IT ANI LAND COMPANY LIMITED LIABILITY COMPANY by: RAFIK IT ANI, MANAGING MEMBER STATEOFA4 ) )ss COUNTY Of=v-+ud . ) ACKNOWLEGEMENTS On thit;),_ day of - , 2008, before me, a Notary Public of the State of 1. Uc L , personally appe d RAFIK IT ANI, known or identified to me to be the person whose name is subscribed to the foregoi instrument and acknowledged to me that he executed the same. PERMANENT PUBLIC PATHWAY AND UTILITY EASEMENT Page 2 of 2 ---PAGE BREAK--- 30' RIGHT-OF-WAY 9 NW Comer SW Quarter Section 9, T39N, R5W, BM. WINDFALL HILLS, L.L.C. DEDICATED BY RfW INST. NO. 466105 TRUE POINT OF BEGINNING---.;_- l" N89 3'24"W :2 30' 25' eo"! F Exist g r.o RlW z SW Comer 81 9 Section 9, T39N, RSW, BM. 11'Y 16 1 Exist. I Dedication IT ANI LAND COMPANY, L.L.C. Quit Claim Deed No. 513742 PUBLIC PATHWAY AND UTILITY EASEMENT Rolling Hills Addition No.1 EXHIBIT PUBLIC PATHWAY AND UTILITY EASEME IT ANI LAND COMPANY LIMITED LIABILITY COMPANY FEBRUARY 2008 520161 Scale: 1"=50'