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PURCHASEANDSALEAGREEMENTFOR RIGHT-OF-WAY AND PERMANENT EASEMENT THIS PURCHASE AND SALE AGREEMENT FOR RIGHT-OF-WAY AND PERMANENT EASEMENT, made this 31_ day of M= , 2016 between the City Of Moscow Idaho, by and through the Moscow City Coun?; its Mayor and/or the authorized representative (hereinafter "CITY"), and James E. and Carmen L. Todd, 842 Nylarol, Moscow, Idaho, 83843 "SELLERS"); WHEREAS, the City requires a right-of-way and permanent easement on SELLERS' property, for a pedestrian and bike path under the State of Idaho Highway 8 Bridge located near said property; NOW, THEREFORE, the parties hereto agree as follows: SECTlON 1: Sale and Purchase 1. SELLERS agree to sell and CITY agrees to purchase a right-of-way and permanent easement on SELLERS' property located at 721 White Place. Legal description is attached as Exhibit (hereinafter "the Property"). 2. This Agreement shall not be binding unless and until executed by the Mayor of the City of Moscow or the authorized representative. 3. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the purchase of said right-of-way and permanent easement. 4. SELLERS represent that, to the best of SELLERS' knowledge, no hazardous materials have been stored or spilled on the subject property during SELLERS' ownership or during previous ownerships, at least insofar as has been observed or as SELLERS have been informed. In the alternative, if SELLERS have knowledge of storage or spill of hazardous materials on the subject property, that information is set out below. This sale is conditioned upon full disclosure of any such infonnation. 5. SELLER believes the Fair Market Value for the easement and right-of-way is less than ten thousand dollars ($10,000), and SELLER agrees to waive any requirement for an appraisal of said easement and right-of-way. 6. SELLER agrees to give CITY legal and physical possession of the property related herein to the right-of-way and permanent easement purchased by CITY on NI>? ZDI it:> or upon SELLER's receipt of payment, whichever is later. ' SECTION 2. PURCHASE PRICE. The purchase price for the Easement is two thousand dollars ($2,000) ("Purchase Price"). ÚD\ iP-D3?) AND SALE AGREEMENT FOR RIGJ-IT-OF-W A Y AND PERMANENT EASEMENT - JAMES AND CARMEN TODD PAGE I Or4 0100/ZOOOJ xvI vo:11 9TOZ/6T/SO ---PAGE BREAK--- IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. SELLERS Cannen L. Todd Appro:t:_jQ( k Hall, City Attorney Date ACKNOWLEDGMENT ST A TE OF W \S Col!\ IV1 ) ) SS. COUNTY OF jv) On this 20 day of Prj , 2016, before me, a Notary Public in and for said State, appeared James E. Todd, known to me to be the perso{ed above and acknowledged that he executed the foregoing document as the· duly aut orizeCI -Seller/Owner of said property. , RACHEL OPSAHL Notary Public State of Wisconsin PURCHASE AND SALE AGREEMENT FOR R.IGITT ·OF-WAY AND PERMANENT EASEMENT- JAMES AND CARMEN TODD 0100/£000J PAGE20F4 xvI Ho:rr 9TOZ/6T/SO ---PAGE BREAK--- STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) ACKNOWLEDGMENT On this /9-ttl day of JA&Y , 2016, before me, a Notary Public in and for said State, appeare d Carmen L. Todd, known to me to be the person named above and acknowledged that she executed the foregoing docent as the duJ1'11Ythorized "Seller/O . er of said property. I; . L. c1 9: 4\)5 NotÓ Public :yate-:r IĶ Õ ʒ · OTA · ʔ Res1 d mg at Ô- i / · Ry 3 M y commission expires r 7 202D · _e - - Ö \ Puauc . × ʕ. 0 ʓ , "11111'/: OF PuRCHASE AND SALE AGREEMENT FOR R!GHT·OF-W A. Y ANO PERMANENT EASEMENT - JAMES AND CARMEN TODD 0100/l>OOO J PAGE30F4 xvK f70:11 9IOZ/6l/SO ---PAGE BREAK--- EXHIBIT A LEGAL DESCRIPTION FOR Property Acquisition All that real property being a portion of Assessor's Tax LOt RPM00000174800, as described in that deed on file with the Latah County Recorder as Instrument No. 3263 74, in the Northeast Quarter of the Southwest Quarter (NESW'A) of Section 17, Township 39 North, Range 5 West, B.M., in the City of Moscow, Latah County, Idaho, described as follows: Beginning at a point on the North-South mid-section line of said Section 17, from which the center quarter¨orner (a 3Y1" brass cap in a monument case, stamped "PE/LS 969", per C.P.&F 396427 & 501178, and shown on Idaho Transportation Department map BR-M-7744(1 sheets 7 & I 0) bears North 00°51 '33" East, 70.04 feet; said Point of Beginning also lies on the Troy Highway (ID-8) right-of-way line, as shown on said l.T.D. map; t. thence along said highway right-of-way line, South 52°55 'O I" West, 61.41 feet; 2. thence North 65°59'13" West, 15.00 feet; 3. thence leaving said right-of-way line, North 63°44'39" East, 69.90 feet the Point of Beginning. Contains 403 square feet (0.009 acres), more or less. Bearings shown hereon are grid bearings as shown on said l.T.D. map, and are based on the Idaho State Plane Coordinate System (West .ZOne), NAD27. Distances shown are ground. (Affect$ Tax Lot RPM00000174800) Kellogg 108 West Idaho Avenue Kellogg, Idaho 83837 (208) 78D 1206 (208) 786-1209 (fax) OIOO/!lOOO 12J Kenneth Fisher, P.L.S. Date Offices also In: Boise, Idaho Deer Lodge, Montana Las Vegas, Nevada Pasco, Washington Corporate 121 South Jackson Street Moscow, Idaho 83843 (208) 882-7858 (208) 88E3785 (fax) XVd go:11 9TOZ/6T/!l0 ---PAGE BREAK--- BEING A PORTION OF THE NE X OF THE SW Y4 OF SECTION 17, T.39N., R.SW., B.M. MOSCOW LATAH COUNTY IDAHO (MID-SECTION LINE) 0 J. s 15 30 · - pr " "'-4t1CE - g CTR.o COR>IERo ol\" BRASS CN' IN ̈́ MON. CASE, "PEILS 969", PER C.P.& F. ö 396427 & 501178, AND l.T.D. MAP - - - - ʏ BR-M-7744(1), SHEETS 7 & 10 RIGHT -OF-WAY CONFIGURATIONS PER l.T.D. MAP BR-M-7744(1 SHEETS 7& 10 - È t! RPMOOOOJ74800 ù INST. #326374 . É JAMES E. & õ ÷ CARMEN L. TODD ʌ p 0 B / / ÌÍÎ ./ÏÐ fbrgʐ.,..., . Ë" ÑÒ/. "ʑIO°'" =RECORD DATA PER l.T.O. MAP BR·M-7744(1), SHEETS 7 & 10 'h / . / . '11-1) 2s1 Oy Ê (l QI/ 9•13ü (ú ' /Jr4y- ʎ 7 AREA OF ACQUISITION NOTES 403 SQ.FT. 7 w z z 0 t w ʍ c ø THIS EXHIBIT SHOWS THE LOCATION OF A PROPERTY ACQUISITION. THE PROPERTY AND RIGHT-OF-WAY CONFIGURATIONS ARE BASED UPON DEEDS AND l.T.D RIGHT-OF-WAY MAPS, AND ARE SHOWN FOR REFERENCE ONLY. RECORD GRID BEARINGS (NAD27) SHOWN HEREON WERE TAKEN FROM t.T.D. MAP BR-M-7744(1), SHEETS 7 & 10. DISTANCES SHOWN ARE GROUND. A FIELD SURVEY WAS NOT PERFORMED FOR THIS EXHIBIT. KF EX.lilBITB 16070-01 FOR PROPERTY ACQUISITION 0100/9000 J xvK go:11 91oz1611go ---PAGE BREAK--- - - . TEMPORARY CONSTRUCTION EAS.EMENT James E. and Carmen L. Todd, GRANTORS, 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 non-exclusive temporary construction easement and right-of-way in which to access the construction of a pathway and bicycle/pedestrian underpass, including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: A twenty-foot (20') wide temporary construction easement, lying northwesterly of, parallel with, and adjoining the northwest line (Course of the following described parcel located in the Southeast portion of Assessor's Tax Lot RPMOOOOOl 74800 as described in that deed on file with the Latah County Recorder as Instrument No. 326374, in the Northeast Quarter of the Southwest Quarter (NEY-i SWY-i) of Section 17, Township 39 North, Range 5 West, of the Boise Meridian, Latah County, Idaho as shown on the attached Exhibit and being more particularly described as follows: Beginning at a point on the North-South mid-section line of said Section 17, from which the center quarter-comer (a 3-l/2" brass cap in a monument case, stamped "PE/LS 969", per C.P.&F 396427 & 501178, and shown on Idaho Transportation Department map BR-M-7744(1), sheets 7 & 10) bears North 00°51'33" East, 70.04 feet; said POINT OF BEGINNING also lies on the Troy Highway (ID- 8) rightķof-way line, as shown on said I.T.D. map; thence along said highway right-of-way line, South 52°55'01" West, 61.41 feet; thence North ·65°59' 13" West, 15.00 feet; thence leaving said right-of-way line, North 63°44'39" East, 69.90 feet to the POINT OF BEGINNING of said easement. The above described easement contains 1,667 sq. ft., more or less. GRANTO RS, their successors and assigns, reserve the right to improve said easement area as long as such improvement shall not unreasonably interfere with the GRANTEE's temporary access for construction. GRANTO RS agree that they and their successors and assigns will not build or place any new encroachment thereon which will unreasonably interfere with the temporary right of the GRANTEE. The GRANTEE, its agents or transferees, shall have the right to perform any construction activity it may deem necessary or wish to exercise in connection with the aforesaid construction access. Upon exercising these rights, GRANTEE shall restore the property to its prior condition. If GRANTEE damages GRANTORS' property, GRANTEE shall pay just compensation and I or restore property to prior condition. GRANTEE shall exercise due care and caution to protect all landscaping including trees and shrubs. GRANTEE is granted the aforementioned rights, together TEMPORARY CONSTRUCTION EASEMENT - 2016 CITY, JAMES AND CARMEN TODD PAGE 10F4 OTOOi l.000 J xvI so:rr 9IOZ/6I1so ---PAGE BREAK--- I ' 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 restrictions contained in this Easement shall run with the land and shall bind GRANTORS AND GRANTEE, their heirs and assigns until such time said construction is completed. IN WITNESS WHEREOF, GRANTORS hereby sign: GRANTORS: J(j'es E. Todd S-120/Jt Date Carmen L. Todd ACKNOWLEDGMENT ST A TE OF Çt'1sca1 SIVl ) . ) SS. COUNTY OF 01AtitJfl W1 fl/ ) On this lO day of J11a,6 , 2016, before me, a Notary Public in and for said State, appeared James E. Todd, kn to me to be the persamed above and acknowledged that he executed the foregoing document as the duly a tho iZe.!iY'Sel1e Owner of said property. RACHEL OPSAHL Notary Public State of Wisconsin TEMPORARY CONSTRUCTION EASEMENT - 2016 CITY, JAMES ANO CARMEN Toon 0100/9000J I Not Residing at _ My commission expires_->J..'f.CL.L..Ll--'-1-r...,., PAGE2 0F4 xvI so:11 91oz1611so ---PAGE BREAK--- TEMPORARY CONSTRUCTION EASEMENT - 2016 Cll'Y, JAMES AND CARMEN TODD 0100/6000J ACKNOWLEDGMENT Notary Public Residing My commission expires_.__ PAGE 3 0F4 xvK go:11 91oz1611go ---PAGE BREAK--- • • • It, RIGHT.oF·WAY t;::͂Fĺi;i,Anc:5Ns ̓R.H.O.MN' SIH.1-7744(1). Sf'tl;E-̀ 7 & 10 EXHIBIT BEING A PORTION OF THE NE J4 OF THE SWÆ OF SECTION 17, T.39N., R.5W., B.M. MOSCOW LATAH COYNTY IDAHO RP.MDOQ.ixJ174800 ʋST_. 13263.74 JAMES E. & CARMEN L. TODD 0 s 15· 30 SCALE: 1" • 30' (I\)ʊ RECORO DATA PER l,T b. MAP BR-t.!01744(1). SHEETS T & 10 .NOTES [ii_ z 0 F U. i THIS EX-HiBli .SHOWS THE LOCATION OF. AP.ROnERTY ACQIJISITIONANO TEMPOR;4;RY CONSTRUCTION EASEMENT. T11E PROPERTY.AND ARE BASED UPON DEEDS AND LT,O RIGH"t-OF-WAY'MAPS, AND ARE.SHeWN' FOR REFERENCE ONLY. oECORD GRID BEARINGS·(NA027)·SHOWN HEpEON WERE TAKEN FROM 1.TcO:. M;b;P BR-M:7744(1 SHEETS 7 8, 10. DISTANCES SHOWN ARE GROVND. A FIELD SURVEY WAS NOT PERFORMED .FOR THIS EXl-llBIT. EXHIBITS FOR PROPER'!)' ACQUISITION AND TEMPoRARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT - 2016 CITY, JAMES AND CARMEN TODD PAGE 40F4 OT00/0100 J XVd 90:11 9TOZ/6T/SO