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498723 PERMANENT SANITARY SEWER EASEMENT K4, L.L.C., an Idaho Limited Liability Company (formerly known as K, K, K, & K, whose current address is 510% South Main, Moscow, Idaho, GRANTORS, owners 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 in which to construct and maintain a sanitary sewer line and related utilities including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: A 10 foot wide permanent sanitary sewer easement situated in the SE1/4 SE1/4 Section 9, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, as shown on the attached 'Exhibit and being more particularly described as follows: Beginning at the southeast corner of said Section 9; thence N89°36'07"W 1319.41 feet, along the south line of said Section 9, to the southwest corner of said SE1/4 SE1/4 of Section 9; thence N00°29'30"E 363.03 feet along the west line of said SE1/4 SE1/4, to the TRUE POINT OF BEGINNING; Thence continuing N00°29'30"E 723.17 feet, along the west line of said SE1/4 SE1/4; thence S89°30'30"E 10.00 feet; thence S00°29'30"W 723.17 feet; thence N89°30'30"W, 10.00 feet, to the TRUE POINT OF BEGINNING. Said easement contains 7,323 square feet, more or less. for the purpose of constructing, operating, maintaining, and repairing or replacing said sanitary sewer line by the City of Moscow or its agents or contractors or franchised utility companies. GRANTORS, 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 sewer line. GRANTORS agree 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 sewer line (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 GRANTORS, 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 the rights, burdens and restrictions contained in this Easement shall run with the land and shall forever bind GRANTORS AND GRANTEE, their heirs and assigns. SANITARY SEWER EASEMENT Page 1 of2 ---PAGE BREAK--- IN WITNESS WHEREOF, GRANTORS have hereunto set their hand and seal this 17 GRANTORS: K4, L.L.C: p State of -d_·C County of EhzF· '2005. ACKNOWLEDGEMENTS On <::2t7A"'i'l / 1 , 2005, personally appeared before me, Bethine Kenworthy, 0 who is personally known to me whose identity I proved on the basis of _ whose identity I proved on the oath/affirmation of _ a credible witness to be the signer of the above document, and she 1jwledged that she signed it as legal representative of K4, LLC. ( , . . \,,111111111,,, L4 , QI nO 3.t.,/11 'Notary Public • q . • • • :fn p 11' I t:t s · / My Commission Expires: 1 o I I - . " " - ! S - . . = s -1 : . 1 l:/'110"' 0 1 · m 111;1 )I V\':JX 1111111111111\\ SANITARY SEWER EASEMENT Page 2 of2 ---PAGE BREAK--- Proposed Fairview Village Estates Subdivision F-l- SE 1/16 Corner, Section 9, T.39N., R.5W., B.M. 1 O' Sanitary Sewer Easement K, K, K, & K, LLC Fairview Drive Dedicated R/W 10 16 15 SE Corner, Scale:1"=100' Section 9, T.39N., R.5W., B.M. SW Corner, SE1/4, SE1/4 Section 9, T.39N., R.5W., B.M. EXHIBIT R/W Dedication and Sewer Easement to the City of Moscow, Idaho April 2005