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538531 PERMANENT EASEMENT KNOW ALL MEN BY THESE PRESENTS, that LOUISE PETERSEN, (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, 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 sidewalk and retaining wall, including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: A portion of Lot 10, Block 1, of the Tower Addition located in the northeast quarter of Section 8, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho and described in Quit Claim Deed No. 451991 on fi!e with the recorder's office of said Latah County, said portion, shown on the attached Exhibit and being more particularly described as follows: Commencing at the South East corner of said property marked with a 5/8" steel rod, this being the TRUE POINT OF BEGINNING; thence North 89°18'45" West along the south line of said Lot 10, also being the north right-of-way line of Vandal Drive, a distance of 7.00 feet; thence in a northeasterly direction to a point on the east line of said Lot 10, also being the west right-of-way line of Orchard Avenue; thence South 00°14'45" East along said east line a distance of 7.00 feet to the TRUE POINT of BEGINNING. For the purpose of constructing, operating, maintaining, and repairing or replacing a public sidewalk and retaining wall by the City of Moscow or its agents or contractors. The GRANTOR, their successors and assigns, reserve 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 sidewalk and retaining wall. The GRANTOR agrees that they and their 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 sidewalk and retaining wall (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, their 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, their heirs and assigns. Page 1 ---PAGE BREAK--- ESS WHEREOF, they have hereunto set their hands and seals this ;23 day 201 0. GRANTOR: LOUISE . ETERSEN STATE OF \.2b COUNTY OF/ ) )ss ) On this 2.3 _ daX , 201 o, before me, a Notary Public of the State of , personally appeared LOUISE PETERSEN known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. a.M Notary Publithe State of Idaho Residing at TD Commission e¢ I 53ts531 Page 2