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497377 TEMPORARY PEDESTRIAN AND BICYCLE EASEMENT KNOW ALL MEN BY THESE PRESENTS, that Palouse River and Coulee City Railroad Company, a Washington corporation, successor by merger to the Blue Mountain Railroad Company (hereinafter "GRANTOR"), 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, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, ldaho, 83843 (hereinafter "GRANTEE") and its agents and assigns, a temporary 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 vicinity of the City of Moscow, Latah County, Idaho, to wit and as shown in Exhibit A attached hereto: A 15.00 foot wide temporary public easement located in the northwest quarter of Section 17, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, and lying 7.50 feet each side of the following described centerline: That portion of the centerline of the Palouse River Coulee City Railroad track (formerly known as the Northern Pacific Railway Company Lewiston Branch line) beginning at its intersection with the U.S. Highway 95 easterly right-of-way line and extending southeasterly approximately I 070 feet to the westerly boundary of the North Country Landscaping tract. For the purpose of constructing, operating, maintaining, preparing and/or replacing a temporary pedestrian and bicycle pathway by the City of Moscow, Idaho or its agents, representatives. transferees or contractors under the following conditions: L GRANTEE agrees to return this area to the pre-construction condition at GRANTEE'S expense upon six months prior written notice hy GRANTOR of GRANTOR'S intent to utilize or improve the temporary pedestrian and bicycle easement described herein, unless GRANTOR determines to accept GRANTEE'S improvements, if any. 2. GRANTEE shall indemnify and save GRANTOR, its agents, and employees hmmless from any and all claims, liahilities, losses, costs, charges or expenses to which GRANTOR may be put by reason of any negligent act or omission of GRANTEE on account of use of the temporary pedestrian and bicycle easement. If any action, claim or demand is made against GRANTOR for any negligent act or omission of GRANTEE, GRANTEE agrees to assume the expense and shall pay all costs, charges, attorney fees, settlements, judgments or other expenses incurred by or obtained against GRANTOR, 3, This temporary pedestrian and bicycle easement shall expire upon six months pnor written notice by GRANTOR of GRANTOR'S intent to utilize or improve the temporary pedestrian and bicycle easement described herein, unless otherwise determined by mutual agreement of GRANTOR and GRANTEE. 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 these burdens and restrictions shall run with the land and shall forever bind GRANTOR, its heirs and assigns. TEMPORARY PEDESTRIAN ANO BICYCLE EASEMENT PAGE 1 OF2 ---PAGE BREAK--- IN WITNESS WHEREOF, they have hereunto set their hands and seals this _ \12,L!tA , 2005. GRANT OR Palouse River and Coulee City Railroad Company, a Washington corporation, successor by merger to the Blue Mountain Railroad Company GRANTEE City of Moscow, Idaho ACKNOWLEDGMENT day of On this day of , \ r' , 2005, before me, a Notary Public of the State personally appeared Gary Lundy, known to me to be the person named above and acknowledged to me that he executed the foregoing Temporary Pedestrian and Bicycle Easement as the duly authorized agent for Palouse River and Coulee City Railroad Company. • . - _ {·:fi.#ep$'g\i,%&:aryPedestrian,Bicyc!e(2005)'•pm TEMPORARY PEDESTRIAN AND BICYCLE EASEMENT - J l L:tL21£-l,;3- Notary Public fottheJState oHt!alw¥.;, Residing at/ ; , S My Commission expires ² • J\V · · PAGE20F2 ---PAGE BREAK--- f UJ LlJ f z EXHIBIT'A' t ' No Scale SI 7, T39N, R5W, BM East US 95 Pathway Easement Existing pathway Easement Temporary Pedestrian and :Bicycle Easement i Paradise:creek Pathway Easement Martson