Full Text
TEMPORARY EASEMENT No. _3 `4a1b- · _ AT THE REQUEST OF: t;rv /J112f® r /DATE & HOUR: ty/ .f:J·S{§ief,UER/ik-/ Public Turn-around Area :;ePi,t" BY /rltR/P P7J'$3 LATAH;;y RE OR R THIS INDENTURE, made this 1 day of A ) , 2009, by and between JEMCA, LLC (a Limited Liability Company), 2315 Shelby Lane, Moscow, Idaho, GRANTOR, and the CITY OF MOSCOW, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho 83843, hereinafter referred to as GRANTEE, WITNESSETH: THAT GRANTOR, for and in consideration of one dollar and other valuable consideration, receipt of which is hereby acknowledged, do, by these presents, convey unto said GRANTEE and its assigns, a non-exclusive temporary easement for the purpose of a public turn-around area. Said easement shown on the Final Plat of the Southgate 3rd Addition to the City of Moscow, and being more particularly described as follows: A temporary easement located within the vacated 80' public right-of-way situated along the east boundary of Lot 30 of the Plat of Section 16, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, recorded in Book 2 of Plats, page 36, and being more particularly described as follows: Commencing at the northwest corner of the Lundquist Addition of Latah County, Idaho; thence N 19°57'59"W 5.49 feet to a point on the future southerly right-of-way line of Castleford Street as shown on the presently unrecorded final plat of the Southgate 3rct Addition to the City of Moscow, a copy of which being on file with the City Engineering Department; thence southwesterly 31.67 feet along said right-of-way line, along a curve to the left having a central angle of 1 0°22'11", a radius of 175.00 feet, and a chord length of 31.63 feet bearing S62°07'59"W to the TRUE POINT OF BEGINNING; thence S33°03'07"E 45.00 feet; thence S56°56'53"W 20.00 feet; thence N33°03'07"W 43.85 feet to a point on said future southerly right-of-way line; thence northeasterly 20.04 feet along said right-of-way line, along a curve to the right having a central angle of 06°33'45", a radius of 175.00 feet, and a chord length of 20.03 feet bearing N53°40'06"E to the TRUE POINT OF BEGINNING. Said easement contains 893 square feet, more or less. TO HAVE AND TO HOLD, all and singular, the said premises, together with all privileges thereunto incident unto the said GRANTEE and its assigns for temporary use as a turn around area. Said GRANTOR, warrants said premises in the every person or persons whomsoever, lawfully claiming or to claim the same; GRANTOR, shall and will warrant and by these presents forever defend. ---PAGE BREAK--- 5 3 4 1 1 The GRANTOR AND GRANTEE recognize that the easement herein is intended to be temporary and this grant shall automatically expire and the easement shall be vacated at such time as an extension is constructed extending the street beyond the area of each grant in a manner approved by the GRANTEE. It is expressly intended that the rights, burdens and restrictions contained in this Easement shall run with the land and shall bind the GRANTOR AND GRANTEE, their heirs and assigns for a maximum length of ninety-nine (99) years. IN WITNESS WHEREOF, they have hereunto set their hand and seal this 7 fl.. day of IX Zv , 2009 GRANTOR: JEMCA, L.L.C. By: Michael A. Salisbury, President STATE OF IDAHO ) ) ss. County of Latah ) ACKNOWLEDGMENT On this day of 2009, before me, the undersigned, a Notary in and for said State, personally appeared Michael A. Salisbury in his official capacity as President of JEMCA, L.L.C., known to me to be the person whose name is subscribed to the foregoing and acknowledged to me that he executed the same as duly authorized representative of JEMCA, L.L.C IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. r . l!IIII!J/1 \Cl A K 111 Q\ \O • • • • Iff/A.] S' P • $ . · . , 0 T A L'J • • • Y • ,6 7r • . . <::i>G8 = . . - ! " .oueL\c : s . . ' · ·o N /111 £OF \tl r 1/f/JJIJU\\\\\ NOTARY PUBLIC for the state of , w Residing at My Commission ¥2 /:2<2fr:L. I ---PAGE BREAK--- Curve Data L=20.04' D=6.33'45" R=175.00' CH=N53"40'06"W, 20.03' / / / BLOCK 4, LOT 7 SOUTHGATE 3RD ADDITION (UNRECORDED) - 4 1 11 •j JJ . JMJ Centerline - Castleford Street - - - TRUE POINT OF BEGINNING EXHIBIT N 19· 5 7'59"W 5.491 Curve Data L=31.67' D= 1 o· 22 • 11 " R=175.00' CH=S62"07'59"W, 31 .63' LUNDQUIST ADDITION Scale: 1 " =20' TEMPORARY PUBLIC TURNAROUND EASEMENT SOUTHGATE 3RD ADDITION JEMCA, LLC TO THE CITY OF MOSCOW, IDAHO DECEMBER 2009