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551985 Project No. STP-7564(004) Key No. 03546 Parcel No. 08 Parcel ID. No.03546L08 PERMANENT EASEMENT KAREN R. DAVIS, a widow, 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 non exclusive permanent easement and right-of-way including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: An easement consisting of that portion of Lots 2 and 3, Block 1 of The Loehr Addition recorded in Book 4 of Plats, Page 16, located in the Northeast Quarter of the Southwest Quarter of Section 7, Township 39 North, Range 5 West, Boise Meridian, City of Moscow, Latah County, Idaho, more particularly described on Exhibit attached hereto and incorporated herein by reference. Said easement contains 425 square feet, more or less. for the purpose of constructing, maintaining, and repairing or replacing a retaining wall and related accessories by the City of Moscow or its agents or contractors. GRANTOR, her 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 said retaining wall and related accessories. GRANTOR agrees that she and her 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 retaining wall and related accessories. Upon exercising these rights, GRANTEE shall restore the property to its prior condition. 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 the rights, burdens and contained in this Easement shall run with the land and shall bind GRANTOR AND GRANTEE, their heirs and assigns until such time this Easement is vacated by GRANTEE. PERMANENT EASEMENT Page I of 3 zct'Z.. 5CZ{ ---PAGE BREAK--- 551_985 IN WITNESS WHEREOF, GRANTOR has hereunto set her hand and seal this day of 2012. GRANTOR: I KLUM K, iZAREN R. DAVIS 7 , State of County of L .J-h ACKNOWLEDGEMENTS ) On this g day of , 2012, before me, the undersigned, a Notary Public, in and for said State, personally app < ed Karen R. Davis, known to me, and/or identified to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within and acknowledged to me that she executed the same. - - PERMANENT EASEMENT A Notary Public for: Residing at: 'I ID My Commission Expi?es: f2-?-jz.ot5" I Page 2 of 3 ---PAGE BREAK--- EXHIBIT Project No. STP-M-7564 (004) Key No. 03546 Parcel 8 03546L08 Prepared: February 12, 2009 Permanent Easement That portion of Lots 2 and 3, Block 1 of The Loehr Addition recorded in Book 4 of Plats, Page 16, located in the Northeast Quarter of the Southwest Quarter of Section 7, Township 39 North, Range 5 West, Boise Meridian, City of Moscow, Latah County, Idaho described as follows: COMMENCING at the South Quarter corner for said Section 7 said point being a 5/8" X 30" rebar with a 2" aluminum cap· marked as shown on a Corner Perpetuation and filing recorded under instrument No. 393941; Thence North 01°01' 16" East along the North-South Mid-Section line, a distance of 1747.62 feet to Street centerline at station 18+88.50; Thence North 89°22'29" West along the centerline of said Street, a distance of 257.80 feet to centerline station 16+30.70 Street; Thence North 00°37'31" East, a distance of 30.00 feet to the Southeast corner of Lot 4, said Block 1, said Lot 4 described in a Warranty Deed recorded under instrument No. 286937 and the Southwest corner of said Lot 3 as described in Warranty Deed recorded under instrument No. 366874 and being a point on the North right of way of said Street 30.00 feet left of centerline station 16+30.70, said point also being the TRUE POINT OF BEGINNING; Thence North 0 1°01'16" East along the East and West lines of said Lots, a distance of 5.00 feet; Thence South 89°22'29" East parallel with and 5.00 feet distant from said right of way, a distance of 85.00 feet to point on East line of said Warranty Deed recorded under instrument No. 366874 and the West line of a parcel of land as described in a Agreement to Pass Property at Death to Surviving Spouse recorded under instrument No. 466962; Thence South 01°01 '16" West along the East and West lines of said parcels, a distance of 5.00 feet to the Southeast corner of said Warranty Deed recorded under instrument No. 366874 and the Southwest corner of said parcel of land as described in a Agreement to Pass Property at Death to Surviving Spouse recorded under instrument No. 466962 and being a point on said right of way 30.00 feet left of centerline station 17+ 15.70; Thence North 89°22'29" West along said right of way and being parallel with and 30.00 feet distant from said centerline, a distance of 85.00 feet to the TRUE POINT OF BEGINNING. CONTAINING: 425 square feet or 0.010 acres more or less. PERMANENT EASEMENT Page 3 of 3