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538161 No. AT THE R EQUeST OF: h,.47;C ri 1?=LL SUSAN PETC::RSEN.- - PERMANENT PUBLIC UTIITY EASEMENT LATA1UNTY RE ORDE Fee$_ syf. TYLER LAND HOLDINGS, L.L.C., an Idaho limited liability company, whose current address is P.O. Box 16025, Missoula, MT 59808, 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 public easement for the purpose of constructing and/or maintaining public utilities, including a fire hydrant and waterline along with any customary attachments and accessories, including the right to enter upon, occupy and use property located in the southwest quarter of Section 7, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, as shown on the attached Exhibit and being more particularly described as follows: A fire hydrant and water line easement being twenty feet (20') in width, situated within the Tyler Land Holdings Tract described in Warranty Deed No. 507982 filed with the Recorder's Office of said Latah County, and being more particularly described as follows: Commencing at the Southeast Corner of said SW1/4 of said Section 7, thence along the North-South Centerline of said Section 7, N1 °01 '30"E, 1717.53 feet, thence N88°58'30"W, 30.00 feet, to the intersection of the westerly right-of-way line of Line Street with the southerly right-of-way line of Street, thence along said westerly right-of-way of Line Street, S1°01'30"W, 138.64 feet, thence departing said westerly right-of-way, along a line parallel with the southerly right-of-way line of Street, N89°24'52"W, 103.00 feet, thence N1 °01 '30"E, 18.50 feet, thence along a line parallel with the southerly right-of-way line of Street, N89°24'52"W, 113.00 feet, thence N1 °01 '30"E, 19.64 feet, thence along a line parallel with the southerly right-of-way line of Street, N89°24'52"W, 11.46 feet, thence S1°01'30"W, 98.00 feet, thence Sr43'43"E, 188.38 feet, to a point on the northerly right-of-way line of State Highway 8 being at highway station 456+77.94 per the Idaho Transportation Department Right-of-Way Plans F.A.P.N. NH-STP-F- 4161 (007) Sheet 15 of 18 (Stamp Date 12-11-95), thence along said northerly right-of-way, S80°39'15"W, 187.94 feet, to station 454+90 per said Plans, thence continuing along said northerly right-of-way, S82°05'32"W, 38.11 feet, to the TRUE POINT OF BEGINNING; Thence continuing along said northerly right-of-way, S82°05'32"W, 20.25 feet; Thence departing said northerly right-of-way, N1 °01 '30"E, 175.49 feet; Thence S88°58'30"E, 20.00 feet; Thence S1°01'30"W, 172.35 feet, to the TRUE POINT OF BEGINNING. The above described easement contains 3,478 sq. ft., more or less. GRANTOR, its 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 the utilities or customary attachments and accessories. 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. PERMANENT PUBLIC UTILITY EASEMENT Page 1 of 2 2.Dl0 \ ---PAGE BREAK--- 5381flj 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 utilities or customary attachments and accessories (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. 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 bind GRANTOR AND GRANTEE, their heirs and assigns until such time this Easement is vacated by GRANTEE. IN WITNESS WHEREOF, GRANTOR has hereunto set its hand and seal this '3o day ot .2010. GRANTOR: TYLER LAND HOLDINGS, L.L.C. STATEOF COUNTYOF ACKNOWLEGEMENTS On this "3 0 day of a Nota')' Public of the State of , personally appeared 'rL=· known or identified to me to be the person whose name is subscribed to e f regoing instrument and acknowledged to me that he/she executed the same. Commission expires: PERMANENT PUBLIC UTILITY EASEMENT Page 2 of 2 ---PAGE BREAK--- ċ OC· tl":) T 0 U J, + Z L Ą Y § X / t: - • FOUND IRON < SE CORNER OF \ \ - --(i,-"A"-STREET-- S§9'24'52E__ _ LOER'S ADDITION N "o N88'58'30"W g - - - - - - - - - - - - - - 589'25_2:!.._ - - - - 30.00' I N89'24'52"W J - _1 I I - [108 11.46 · J N1'01'30"E • • -M 30 108·16' • N89'24'52"W 96.54' t 19·64' - , TYLER LAND HOLDINGS, L.L.C., RESULTANT PARCEL 8 . N1'01'30"E oNl O N89'24'52"W 113.00' i 18.50' Ĉ e N89'24'52"W 1 03.00' 0 . . R Public Utility Easement for Fire Hydrant & Water Line K ::JJ. (o ; "l " S88'58'30"E 194.11' . - j1 '2 ' I I I I - 4 Ć `ab· c g .0/t"ij - " "I II) TYLER LAND HOLDINGS, L.L.C., NEW PARCEL . I ć ' wPQ, w eefeI e .ĉ W . - • I• I . 7' - 182 0 o olot o '26"W - - • • • s80'39 - U' - Ol z z z - - + 30' : II) ' . "z 8 cr N- W • II) . 00 01') :..c;ii1 0 • • - II) - z z 30 00, / - - a> · POB · - - 0 \ - - - 7 g4' • . 18 · [ sso·Ď9 • . o.i·i s80'39' S s80%s_w_ - 42.66- 30.5g - - - MAN ROAD • U' ' • EST pULL · _ $82'05 32 V 187.94 w en f 88.9,. -g 58o·:,9·&s4" f.dciiwAY s t J - sTAT ą 7 I I EXHIBIT ; jčo d{ill •o:t' jl 0i\1 fl .l D Q) 0 c 0 II) i . ^LI)f 00:: 3: z8 o en "0 "l rnct-.E c 0 -Ċ " . 0 c c 0 8 0 ; 0 V) "0 G> 0 - >-VJ .0 ic VJ u Oroftod Sy: AkY nte Namt: tf20 Ea.ument Chocod Sy: AXY U H R.vlaJona: Pro.et: 3113-06-09 ! Dolo: 6/23/201 II II