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I I ' 446434 PERMANENT PUBLIC UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that PETER M. KILWEIN (GRANTOR), owner 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 permanent easement and right-of-way in which to construct and maintain public utilities including the right to enter upon, occupy and use property located in the vicinity of the City of Moscow, Latah County, Idaho, to wit: A public utility easement located in the southwest quarter of the northwest quarter of Section 9, T39N, R5W, BM, Latah County, Idaho, and being more particularly described as follows: A portion of the Kilwein tract described in Instrument No. 437002 on file with the Latah County recorder's office, said portion being described as follows: Beginning at the northwest corner Lot 11 of Schumacher's Addition to the City of Moscow, Instrument No. 37010 on file with said Recorder's office; thence N89°26W 8.00 feet along the north boundary of said Lot 11; thence S44°43W 11.37 feet to a point on the west boundary of said Lot 11; thence North 8.00 feet along said west boundary to the point of beginning. Said portion contains 32 square feet, more or less. For the purpose of constructing, operating, maintaining, and repairing or replacing public utilities by the City of Moscow or its agents or contractors or franchised utility companies. The GRANTOR, his 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 the utilities. The GRANTOR agrees that he and his 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 (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 and shall compensate GRANTOR, his 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. It is expressly intended that these burdens and restrictions shall run with the land and shall forever bind the GRANTOR, his heirs and assigns. 90-7() ---PAGE BREAK--- ' . 446434 IN WI9SS WHEREOF, he has hereunto set his hand and seal this 2nd day of .Sef4n11J?r. 19$. GRANTOR: PETER M. KILWEIN sTATE oF Ida M COUNTY OF LQ -fa_ h. ) )ss ) On this 2°0 day of ±:f}lth!?f. , 1919_, before me, a Notary Public of the State of .I d , personally appeared Peter M. Kilwein, known to me to be the person named above and acknowledged to me that he executed the foregoing easement. ---PAGE BREAK--- I r - 1"'1 - z \0 0 Ul UJ -i 1"'1 1"'1 -i J111lV : 0 i f Ú j i 1; I ftagstone:::=::.-1 .1 6 fgjl 7 I z gro. vel dwy : 1 I i S to. Con st. Gravel Appr. (20') / s-tvo·- I ' Sta. S to. S to. S to. ~ Sta. t lO i Rem/O!sp L 0!7dscope Rock 1 \ 83+80 Const. San. Sewer by City I" Water Serv:ce Lateral by j i ! i I I ) II { I I I 4 84+12 Const. Gravel Appr (w=20') Cons!. Vehicle Drop (w=20') - . £ 3 . 3Ü I t' g 10/' Û/ Û I Cons! Cone. Curb 8 Gutter ill •-tll !See Sht 61 Ü ! Vd-'!:pr"'oc:lp 84+84 Const. Gravel Appr (wZ22'1 w Const. Vehicle Drop ( W Ù 2 2' J gravel dwy. BA'BA'/13' Perm Colis!. ' { " 85+54.2 M.H. 23" Const. 54" Storm rt. (See Detail n; ! • < iO n ' g p f---'--11/V-----IUII _ ss I Fl Þc FJf?&IOI!i/Prolccl Pole " 1p woo 1 pos II II STREEtT II II ConsL Cone Curb 8 (See ShL 6) v; ' i Ú I7 i - t " r b, I} -8 :0 i ' / M l 5.5'' -:oa co co 01 446434 I I I I I I I I I I 1.,.1 IO> I I 'I I ;:rl 1<>1 I" I 1'"1 I I I I I I I I I I I I I I I I I I I I I I I t- I I I I I I I I I I 2 I I "Z I I I I I I I I 3 I I I I i? I I " I I I 5 I I I I I J I I I 1- rr 0 " 0. 0 " / ---PAGE BREAK--- • . w Cl 2 99 APR 2 8 PH I: 14 (Lei,•: iJF DIS!FICf COURT LATAH COUIHY JAMES L. WESTBERG lW _ LANDECK, WESTBERG, JUDGE & GRAHAM, P Q[PUTY Attorney and Counselors at Law 414 S. Jefferson P.O. Box 9344 Moscow, Idaho 83843 (208) 883-1505 IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH IN THE MATTER OF THE ESTATE OF CASE NO. PETE KILWEIN and MARJORIE KILWEIN, LETTERS TESTAMENTARY 1. Both Deceased . KEVIN KILWEIN was duly appointed and qualified as General Personal Representative of estate of the above-named pecedent on the 0y of , 1999, by the Court with all authority pertaining thereto. 2. Administration of the estate is unsupervised. These letters are issued to evidence the appointment, qualification, and authority of the said personal representative. WITNESS, day of my signature and the Seal of this Court, a , 1999. this LETTERS TESTAMENT?RY -1 CERTIFIED COPY W.C. HAMLETT MAGISTRATE ! Øhat I havs ×al custody ot tha orig:r.a! Cit the above mcord. that the abcvi.' is tru& and c"rred copy cf :hat i"SCOfd and Mve a sea! of offia. alid tha× seat is ;,erÙto Susan A. Petarsen Clerk of CGI:If!, latah County, ld.a.ho