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2003-61 PERMANENT PEDESTRIAN AND UNDERGROUND UTILITY EASEMENT TRINITY BAPTIST CHURCH OF MOSCOW, INC., an Idaho Corporation, 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 underground public utilities along with an easement for a pedestrian walkway, including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: An easement located in the northeast quarter of Section 16, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho as shown on the attached Exhibit and more particularly described as follows: Beginning at the northeast corner of Lot 3 of the Replat of Blocks 2 & 3 Moser Estates Sixth Addition to the City of Moscow, recorded as Instrument No. 467185 with the Recorder's office of said Latah County; thence N89°21'33"W 120.00 feet along the north boundary of said Lot 3; thence N00"38'27"E 10.00 feet along said boundary; thence N89"21'33"W 389.57 feet; thence S53"47'50"W 125.81 feet to the westerly boundary of said Lot 3; thence S10°18'39"E 44.46 feet along said boundary; thence N53"47'50"E 165.26 feet; thence S89"21'33"E 255.67 feet; thence S00"38'27"W 32.83 feet; thence S89"21'33"E 20.00 feet; thence N00°38'27"E 32.83 feet; thence S89"21 '33"E 193.88 feet to the east boundary of said Lot 3; thence N00"38'27"E 10.00 feet along said east boundary to the point of beginning. Said easement contains 15,066 square feet, more or less. For the purpose of constructing, operating, maintaining, and repairing or replacing underground public utilities by the City of Moscow or its agents or contractors or franchised utility companies and allowing for a public pedestrian walkway over and upon the above described property. The GRANTOR, its successors and assigns, reserves the right to improve said easement area as long as such improvement shall not unreasonably interfere with use by the public as a walkway or the construction, operation, maintenance, repair and/or reconstruction of the utilities. The GRANTOR agrees that it and its 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 walkway 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, its 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, its successors and assigns. 4 7 9 5 fl r-J) - j}:f'i/,a uc&r<,r;o 1$'\N·,;f;.rfr* LAT/0-1 COUNTY pf:coqr:r:p r;t -iJl!J fEf'$-_pvJ;d. ---PAGE BREAK--- 1f4?';'1»N1¼s½.¾REOF, they have hereunto set their hand and seal this day of ._lt/n11 A f , 2003. GRANt'ORS: TRINITY BAPTIST CHURCH OF MOSCOW, INC. STATE"GF IDAHO ) ' )ss Trustee ACKNOWLEDGEMENTS :,¿'&·%$;,oFlATAH ) , On "ttli\"1:3"fl! day of , 2003, before me, a Notary Public of the State of NOTnIJ. ·perÀnally appeared } IJ h , Trustee for TRINITY BAPTIST CHURd-l Qf MOSCOW, INC., known or identified tf.'lre to 1be the persons whose names are 11,[ tfthe foregoing instrument antilc.111)li le.dg ty tehiÁt they executed the same. uauc : 1 , . [Jx 1 UJ . , • • • • h NO ar)i Publi<; f , .!tie SJ.ate .Q!Jdaho ! ' • • • ' Q ' rn.J t I Y F\ I J · Jp..Y' ""st mg a . , . v . . 1 X Y 1 \ \ ' ' Comm1ss1on expires: STATE OF IDAHO ) )SS D.Lli.:.'.U.,riF LATAH ) ' e 4 n o p 14. /sQ1't\'fi;s· iI day of Ct.tj'tt ff zJ: before me, a Notary Public of the State of : Ldaho, Pl'rsottally appeared l)/J.Y.a ] , Trustee for TRINITY BAPTIST : - l'.:li'(J,f.'Clli 0£ MOSCOW, INC , known tdenltfied to m be the persons whose names are · pli?m t,ithe fcrego1n9 1n:;trument a(td scjz ÃdQed tÄ" nte'.'.J·; th; y executed the same. · • . r' ' {l I w· ' - * / , . ry g ff11d;ih • 1111 . 1 , 1 \ R 1dmg at il ' ) I f.J t. i1T ll Commission expires: If 1=:c STATE OF IDAHO ) )SS COUNTY OF LATA.H ) ) " " ' . . /j1 day of r . , 2003, before me, a Notary Public of the State of J'1'l€rtio, .Jtt!ÅÆÇappeared ri.avvl t.J le;, on , Trustee for TRINITY BAPTIST ;'Ck11 01\ MÈCOW. INC., known or identified to/Ée to bE) the persons whose names are W #Êb,jjd Ëegoing instrument f}ÌetoJt1ÍÎ executed the same. - · • ,"Qv N?tary Publlc f"lf411,o p··.Pi 1paÏo Z- · . fV Res1d1ng at fl : , v 1 • • . • • • • 01(- Commission expires: I r Si Aq ' 111111111 ---PAGE BREAK--- \ 30.00· N 7t u1'21 E ® , , , , , , ' , EXHIBIT @ MOSER EST ATES SIXTH ADDITION : 7 .11955 ACl!ES : / • ·s . - il - b z . . . . . . : . . . . NORTH I (