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447522 PERMANENT PUBLIC PATHWAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that THE SMITH FAMILY REVOCABLE LIVING TRUST, CONRAD C. SMITH AND ELINOR W. SMITH, trustees (GRANTORS), owners of real property affected hereby, in consideration of one dollar and other valuable consideration in hand paid, do 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 a public pathway and related 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 pathway easement located in Lot 2 , Block 3 of the Deerfield Addition to the City of Moscow, Latah County, Idaho and being more particularly described as follows: Beginning at the southwest comer of Lot 1, Block 3 of said Deerfield Addition; thence N70°01'01"E 156.64 feet along the south boundary of said Lot 1 to the northeast corner of said Lot 1; thence S58°19'28"W 98.69 feet; thence S88°27'07''W 63.25 feet to the point of beginning. Said easement contains 1566 square feet, more or less. For the purpose of constructing, operating, maintaining, and repairing or replacing a public pathway and related utilities by the City of Moscow or its agents or contractors or franchised utility companies. The GRANTORS, their 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 pathway or utilities. The GRANTORS agree that they and their heirs or assigns will not build or place any new encroachment thereon which will unreasonably interfera 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 pathway and 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 GRANTORS, their heirs and assigns. ---PAGE BREAK--- 447522 IN WITNESS WHEREOF, they have hereunto set their hand and seal this day of N 19..:19.. GRANTORS: THE SMITH FAMILY REVOCABLE LIVING T STATE OF ld11h0 COUNTY OF ) )ss ) On this \ day of Nc:y-Jz.trl.be r Public of the State of J:Q QJu , 19_9S, before me, a Notary , personally appeared Conrad C. Smith, known to me to be the person named above and acknowledged to me that he executed the foregoing easement. Nota \ Public residing at cd e.ne Sv:f Commission expires: g - I 5 ---PAGE BREAK--- 447522 PERMANENT PATHWAY EASEMENT DEE OCTOBER 26, 1999 N0"58'27'E 94.10' 90.15' o. LOT1 PERMANENT PATHWAY EASEMENT 1566 S. F. LOT2 BLOCK3 BLOCK 3 g. CITYOF MOSCOW THE SMITH FAMILY REVOCABLE LIVING TRUST IELD ADDITION ' . SCALE: 1' =50'