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I. , ORIGINAL 41 0 AGREEMENTFOR EXC HANGE OFREALPROPERTYBETWEEN THE CITY OF MOSCO W AND DAVID AND FAITH PLUMMER # J This Agreement, dated this day of.,&y, 1995, by and between the City of Moscow, Idaho, a municipal corporation of the state of Idaho, (hereinafter, the City) and David Plummer and Faith Plummer, husband and wife, (hereinafter, Plummers): WHEREAS, Plummers own real property located along Paradise Creek in the City of Moscow; and WHEREAS, the City owns real property in the City of Moscow, more particularly described in Exhibit attached hereto and incorporated by reference; and WHEREAS, the City has caused such property described in Exhibit to be appraised on May 10, 1994 by Michael Richardson, a certified real estate appraiser; and WHEREAS, the City has determined it to be in the best interests of the public to obtain land along Paradise Creek upon which to construct a linear park; and WHEREAS, the City desires to obtain from Plummers real property for construction of a linear park, more particularly described on Exhibit "B attached hereto and incorporated by reference; and WHEREAS, the City has determined that it is advantageous to the public to exchange the real property described in Exhibit to Plummers for the real property described in Exhibit to facilitate the construction of linear park by the acquisition of land adjacent to Paradise Creek. NOW THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: I. CONSTRUCTION This Agreement shall be construed pursuant to Idaho Code section 50-1401 et.seq. The parties agree that this Agreement shall bind the City only in the case that the ordinance authorizing the property exchange which is the subject of this Agreement shall not be challenged in the manner . described in Idaho Code section 50-1403. II. CITY'S COVENANT The City agrees, upon execution by the Plummers of all documents required herein, to convey, pursuant to procedures dictated by Idaho Code, the real property described in Exhibit to the Plummers in fee simple by warranty deed. AGREEMENT FOR EXCHANGE OF REAL PROPERTY- PLUMMER P AGE 1 95-81 ---PAGE BREAK--- III. PLUMMER'S COVENANT 1. Upon the conveyance by the City of the real property described in Exhibit to the Plummers, the Plummers shall convey the real property described in Exhibit to the City, in fee simple by warranty deed. 2. Upon the conveyance by the City of the real property described in Exhibit to the Plummers, the Plummers shall convey to the City the easement described in Exhibit IV. FURTHER CONSIDERATION 1. As additional consideration for the property exchange that is the subject of this Agreement, the Plummers and/or their successors in interest or assigns shall be permitted to retain two ten foot wide underground easements across the property described in Exhibit allowing the Plummers and/or their successors in interest or assigns to install an underground pipe for the sole purpose of surface water drainage from the Plummers' and/or their successors in interest or assigns property shown on Exhibit to Paradise Creek. This easement shall not interfere with the City's use of the linear park property, and the Plummers shall repair any damage to the linear park property as a result of the exercise of such easement. 2. Plummers and/or their successors in interest or assigns shall grant to the City a pedestrian access easement along the eastern edge of Plummer's property. Such pedestrian easement is attached as Exhibit 3. In the event the Plummers and/or their successors in interest or assigns develop their property as shown on Exhibit and in the event that applicable regulations require a building setback from the linear park property in excess of ten feet, the City shall, as the adjacent property owner, not object to the application by the Plummers and/or their successors in interest or assigns for a variance from such requirement, provided that no building shall be permitted closer than 10 feet from the property boundary of the linear park property, and the applicant provides appropriate buffering. 4. As an additional consideration for the property exchange that is the subject of this Agreement, the Plummers and/or their successors in interest or assigns shall have been deemed to have met the requirement for parkland dedication with reference to the real property described in Exhibit and Exhibit 5. As additional consideration for the property exchange that is the subject of this Agreement, the City shall dedicate the property described in Exhibit attached hereto and incorporated by reference, for public street purposes. AGREEMENTFOREXCHANGE OF REAL PROPERTY- PL UMNffiR P AGE 2 ---PAGE BREAK--- v. MISCELLANEOUS The parties agree that in the event a petition objecting to the property exchange that is the subject of this Agreement is filed in conformance with Idaho Code section 50-1403 and the exchange that is the subject of this Agreement fails in a special election held in conformance with such code section, then this Agreement shall be null and void and of no effect. VI. BINDING ON HEIRS, ASSIGNS AND PURCHASERS This Agreement shall be binding upon the heirs, assignees of the parties, and purchasers of the property described herein. VII. VENUE AND ATTORNEY FEES The parties agree that should any provision of this Agreement be litigated in the future, venue for such litigation shall be with the District Court of the Second Judicial District of the State of Idaho in and for the County of Latah. VIII. COVENANTS TO RUN WITH LAND This Agreement shall run with the land affected hereby, as shall all covenants contained herein, and shall be for the use and benefit of the Plummers and the City and their respective successors in interest and assigns. IN WlTNESS WHEREOF, the parties have set their seals this 1995. PLUMMERS: CITY: David Plummer Paul C. Agidius Faith Plummer AGREEMENT FOR EXCHANGE OF REAL PROPERTY- PL UMMER PAGE3 ---PAGE BREAK--- ACKNOWLEDGMENTS STATE OF IDAHO ) ) ss County oftah 6 On this day of , 1995, before me, the undersigned, a Notary in and for said State, personally appeared Paul C. Ag1 ius, in his official capacity as the Mayor of the City of Moscow, Idaho and executed the fo egoi g instrument on behalf of the City, and acknowl ;ed to m;#Juch City executed the same. · NOTARY PUBLIC for Idaho ' . . \ • • • • • .._JO Residing at P7 . S. · \ , · ' · , My Commission expires: 3/7/f?f" . . STATE OF-iDAHO r ) SS ah ) . : On:::fhis · · day of . 1995, before me, the undersigned, a Notary in and for said State, personally appeared Elaine Rus official capacity as the Clerk of the City of Moscow, Idaho and executed the foregoing instrument on behalf of the City, and acknowledged to me that she executed the same . e'L7 AJ/ NOTA Y PUBLIC for Idaho . . _ _ I ' . . . Residing at722-c My Commission expires:- · · TATEOf·I'DAHO ) ) ss County of Latah ) On this 8 ol--day of , 1995, before me, the undersigned, a Notary in and for said State, personally appeared David Plurnnfer and Faith Plummer, husband and wife, and acknowledged to me that they executed the foregoing instrument. . . • , ' ' ' . , . • . ' . . ' . . gr/c:\winwordlcorrespolcityauy\plummerl t-0 NOTARO PUBLIC for Idaho Residing at 2?1.d' , My Commission e p AGREEMENT FOR EXCHANGE OF REAL PROPERTY- PLUMMER P AGE4 ---PAGE BREAK--- EXHIBIT A parcel of land located in the northwest quarter of the southwest quarter of Section 17, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, said parcel being a portion of the City of Moscow tract as described in Warranty Deed No. 405473 on file with the Recorder's office of said County, and being more particularly described as follows: Beginning at the northwest comer of said northwest quarter of the southwest quarter of Section 17Ĺ thence S89°20'34"E 988.40 feet along the north line of said northwest quarter of the southwest quarter; thence SO 1 °08'46"W 184.16 feet to the southwest comer of the Claypool tract as described in Warranty Deed No. 400633 on file with said Recorder's office and shown on Baune & Hodge survey for Bill Patterson, Record of Survey lnst. No. 310967 also on file with said Recorder's officeĺ thence S86°37'26"E 124.21 feet along the south boundary of said Claypool tract; thence N01 °08'46"E 49.82 feet along the east boundary of said Claypool tract to the centerline of an existing 50 foot wide access easement as described in Warranty Deed No. 281680 on file with said Recorder's office and the TRUE POINT OF BEGINNING; thence N01°08'46"E 25.18 feet continuing along said east boundary to the northeast comer of said Claypool tract; thence S82°02'20"E 159.39 feet along the southerly boundary of the Plummer tract as described in Warranty Deed No. 403102 on file with said Recorder's office; thence S01°08'46"W 25.18 feet parallel with and 60.00 feet westerly from (as measured perpendicularly) the east line of the northwest quarter of the southwest quarter of said Section 17 to said easement centerline; thence N82°02'20"W 159.39 feet along said centerline to the TRUE POINT OF BEGINNING. Said parcel contains 3985 square feet, more or less. Subject to and lying entirely within said existing 50 foot wide easement affording access to and from said parcel by vehicle or utility services over and across the following described land: Beginning at the northwest comer of the northwest quarter of the southwest quarter of Section 17, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho; thence S89°20'34"E 988.40 feet; thence SO 1 °08'46"W 99.16 feet; thence S82°02'20"E 125.00 feet to the TRUE POINT OF BEGINNING; thence S82°02'20"E 219.82 feet; thence S01°08'46"W 186.40 feet; N89°20'34"W 50.00 feet; thence N01°08'46"E 142.81 feet; thence N82°02'20"W 169.46 feet; thence N01 °08'46"E 50.00 feet to the TRUE POINT OF BEGINNING. PLUMMER AGREEMENT EXHIBITS; Page 1 ---PAGE BREAK--- EXHIBIT A parcel of land located in the southwest quarter of the northwest quarter and the northwest quarter of the southwest quarter of Section 17, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, said parcel being a portion of the Plummer tract described in Warranty Deed No.403102 on file with the Recorder's office of said County, and being more particularly described as follows: Beginning at a point on the south line of the southwest quarter of the northwest quarter of Section 17, said point being N89°30'E 988.4 feet from the southwest comer of said southwest quarter of the northwest quarter; thence N0°14'W 70.0 feet along the west boundary of said Plummer tract to the TRUE POINT OF BEGINNING; thence continuing N0°14'W 130.0 feet along said west boundary to the southerly right-of-way line of the Burlington Northern Railroad; thence southeasterly along said right-of-way line to the east line of the southwest quarter of the northwest quarter of said Section 17; thence S0°14'E 52.5 feet along said east line to the southeast comer of said southwest quarter of the northwest quarter; thence continuing S0°l4'E 20.0 feet along the east line of the northwest quarter of the southwest quarter of said Section 17; thence N58°03'48"W 167.8 feet; thence S89°30'W 200.0 feet parallel with and 70.0 feet distant of the south line of the southwest quarter of the northwest quarter of said Section 1 7 to the TRUE POINT OF BEGINNING. Said parcel contains 0.55 acres, more or less. Subject to an easement to the Washington Water Power Co. as described in Book 95 of Deeds, Page 500, on file with said Recorder's office. PLUMMER AGREEMENT EXHIBITS; Page 2 ---PAGE BREAK--- I I I i I I ! i I f I I I ' 1/ I 1 ou en 0)0 Q . - NOI.l V::>IG3G X ' M-o-[ .l33H.lS :1 en < i Y Z 0 0 en 0 :1 0 + 0 3 •z oo I- wX WO o:::w R t-O en a: ---PAGE BREAK--- EXHIBIT A 20 foot wide public easement for ingress and egress of pedestrians and hwnan powered vehicles and for the placement of public utilities over, across, under and upon that certain property located in the northwest quarter of the southwest quarter of Section 17, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, said easement being a portion of the Plummer tract described in Warranty Deed No.403102 on file with the Recorder's office of said County, and being more particularly described as follows: Beginning at a point on the north line of the northwest quarter of the southwest quarter of Section 17, said point being N89°30'E 988.4 feet from the northwest comer of said northwest quarter of the southwest quarter; thence S0°14'E 99.16 feet along the west boundary of said Plummer tract; thence S83°l4'E 324.45 feet along the southerly boundary of said Plummer tract to the TRUE POINT OF BEGINNING; thence N0° 14'W 133.72 feet parallel with and 20.00 feet westerly of (as measured perpendicularly) the east line of said northwest quarter of the southwest quarter; thence S58°03'48"E 23.63 feet to a point on said east line of said northwest quarter of the southwest quarter, said point bears S0°14'E 20.00 feet from the northeast comer of said northwest quarter of the southwest quarter; thence S0°14'E 123.60 feet along said east line to the southeast comer of said Plummer tract; thence N83°l4'W 20.15 feet along the southerly boundary of said Plummer tract to the TRUE POINT OF BEGINNING. Said easement contains 2573 square feet, more or less. Said easement shall include the right to enter thereon for purposes of grading, improving, surfacing, maintaining, repairing, inspecting and replacing the same for the purpose of facilitating the exercise of such easement. PLUMMER AGREEMENT EXHIBITS; Page 4 ---PAGE BREAK--- EXHIBIT A parcel of land located in the northwest quarter of the southwest quarter of Section 17, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, said parcel being a portion of the City of Moscow tract as described in Warranty Deed No. 405473 on flle with the Recorder's office of said County, and being more particularly described as follows: Beginning at the northwest comer of said northwest quarter of the southwest quarter of Section 17; thence S89°20'34"E 988.40 feet along the north line of said northwest quarter of the southwest quarter; thence SO 1 °08'46"W 99.16 feet to the southwest comer of the Plummer tract as described in Warranty Deed No. 403102 on flle with said Recorder's office; thence S82°02'20"E 284.39 feet along the south boundary of said Plummer tract to the TRUE POINT OF BEGINNING; thence continuing S82°02'20"E 60.43 feet along said south boundary to the northeast corner of said City of Moscow tract; thence SO l 008'46"W 175.84 feet along the east line of said northwest quarter of the southwest quarter to a point on the proposed northerly right-of-way line of Styner A venue as shown on the construction plans for the Styner Avenue LI.D. No. 113 on flle with the City of Moscow engineering department; thence N89°33'06"W 60.00 feet along said right-of-way line; thence NO J008'46"E 183.74 feet parallel with and 60.00 feet westerly of (as measured perpendicularly) said east line of said northwest quarter of the southwest quarter to the TRUE POINT OF BEGINNING. PLUMMER AGREEMENT EXHIBITS; Page 5 410 _ AT THE REQUEST OJ:· ''T'f nOc.cw DATE & HOUR: b f9/9i,... CJVM. SUSAN PETERSEN LJITAH COUNTY RECORDER FEE$« 7 .¢lt) --BY d_'rxtiYt:L rt I flo r30)( t(Po3 f7(J"Sc...6W ( &-.3&-Cf3 ATTf'J! iLMED