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551_98&' Project No. STP-7564(004) Key No. 03546 Parcel No. 05 Parcel ID. No.03546L05 PERMANENT EASEMENT SABBATH HOUSE SERVICES, INC., an Idaho non-profit corporation, owner of real property affected hereby, GRANTOR, 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 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 344 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. GRANTOR, its successors and assigns, reserves 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. 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 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 GRANTOR AND GRANTEE, their heirs and assigns until such time this Easement is vacated by GRANTEE. PERMANENT EASEMENT Page 1 of 3 Z.ol2·lls- ---PAGE BREAK--- IN WITNESS WHEREOF, GRANTOR has hereunto set its hand and seal this day of , 2012. GRANTOR: SABBATH HOUSE SERVICES, INC. By: t?-0 By: _ Title: _ _ ACKNOWLEDGEMENTS State of County of La&£ ) ) On thisd1 dayof ,4k?Y'i/ ,2 and for said State, persohally appeared , known to me, identified to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within in{\Fm Ol?·. = • • • • • ! f OF \Qr 111111111\\\\,,, State of ) County of ) On this day of , 2012, before me, the undersigned, a Notary Public, in and for said State, personally appeared , 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 she executed the same. Notary Public for: _ Residing at: _ _ My Commission Expires: _ PERMANENT EASEMENT Page 2 of 3 ---PAGE BREAK--- EXHIBIT Project No. STP-M-7564 (004) Key No. 03546 Parcel 5 03546L05 Prepared: Febmary 12, 2009 Permanent Easement That portion of Lot 6, Block 1 of The Loehr Addition recorded in Book 4 of Plats, Page 16, located in the Northeast Quarter of the Southwest Qua1ter of Section 7, Township 39 North, Range 5 West, Boise Meridian, City of Moscow, Latah County, Idaho described as follows: COMMENCING at the South Quarter corner for said Section 7 said point being a 5/8" X 30" rebar with a 2" aluminum cap marked as shown on a Corner Perpetuation and filing recorded under instrument No. 393941; Thence North 01°01' 16" East along the North-South Mid-Section line, a distance of 1747.62 feet to Street centerline at station 18+88.50; Thence North 89°22'29" West along the centerline of said Street, a distance of 461.79 feet to centerline station 14+26.71 Street; Thence North 00°37'31" East, a distance of 30.00 feet to the Southeast corner of a parcel of land described in Quit Claim Deed recorded under No. 406101 and the Southwest corner of said Lot 6, said Lot being described in Warranty Deed recorded under instrument No. 498649 and being a point on the North right of way of said Street 30.00 feet left of centerline station 14+26.71, said point also being the TRUE POINT OF BEGINNING; Thence North 01 °02'57'' East along the East line of said parcel and the West line of said Lot, a distance of 5.00 feet; Thence South 89°22'29" East parallel with and 5.00 feet distant from said right of way, a distance of 68.99 feet to point on East line of said Lot 6 and the West line of Lot 5 said Block I as described in a Quit Claim Deed recorded under instrument No. 462955; Thence South 01°0 1'16" West along the West and East lines of said Lots, a distance of 5.00 feet to the Southeast corner of said Lot 6 and the Southwest corner of said Lot 5 and being a point on said right of way 30.00 feet left of centerline station 14+95.70; Thence North 89°22'29" West along said right of way and being parallel with and 30.00 feet distant from said centerline, a distance of 68.99 feet to the TRUE POINT OF BEGINNING. CONTAINING; 344 square feet or 0.008 acres more or less. PERMANENT EASEMENT