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571586 NO.__ PERMANENT PUBLIC UTILITY EASEMENT HENRIANNE K. WE RG FEES BY• LA' COUNTY RR DAVID E. WILLIAMS, an unmarried man, whose current address is 2600 East Palouse River Drive, Moscow, Idaho 83843, 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 in which to construct and maintain public utilities including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: A public utility easement situated in Lot 61 of the Plat of Section 16, Township 39 North, Range 5 West, Boise Meridian, said plat recorded with said Latah County, said easement also being a portion of the Williams tract as described in Deed of Gift recorded as Instrument No. 349986 with said County, said easement shown on the attached Exhibit and being more particularly described as follows: Commencing at the south quarter corner of said Section 16, from which the southeast corner of said Section 16 bears S89°48'53"E 2640.99 feet; thence N0°55'14"E 40.00 feet to a point on the northerly right-of-way line of Palouse River ,Drive; thence along said right-of-way line S89°48'53"E 30.00 feet to the southeast corner of a dedicated right-of-way recorded as Instrument No. 420783; thence continuing along said northerly right-of way line, and along the southerly boundary of said Williams tract, S89°48'53"E 177.50 feet to the TRUE POINT OF BEGINNING; thence leaving said boundary N0°55'14"E 25.00 feet; thence S89°48'53"E 30.50 feet, parallel with said southerly boundary; thence S0°55'14"W 25.00 feet to the intersection with said southerly boundary; thence along said boundary, N89°48'53"W 30.50 feet to the TRUE POINT OF BEGINNING. Said easement contains 763 square feet, more or less. for the purpose of constructing, operating, maintaining, and repairing or replacing public utilities by the City of Moscow or its agents or contractors or franchised utility companies. GRANTOR, his 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 public utilities. GRANTOR agrees that he and his heirs or assigns will not build or place any new encroachment thereon which will unreasonably interfere with the right of the GRANTEE. 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 public utilities (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. PERMANENT PUBLIC UTILITY EASEMENT Page 1 of 2 2-0 I I 3 ---PAGE BREAK--- It is expressly intended that the rights, burdens and restrictions contained in this Easement shall r,un with the land and shall forever bind GRANTOR AND GRANTEE, their helri;'and assigns. IN WITNESS WHEREOF, GRANTOR has hereunto set his hand and seal this '2 day 01 &pr1 l . 201 s. GRANTOR: foYL= STATE OF T da.ho ) COUNTY OF =-Lkh.b ss ACKNOWLEGEMENTS On this day of rl \ , 2015, before me, a Notary Public of the State of _T/f£j) , perso ally appeared David E. Williams, known or identified to me to be the person whose name is subscribed to e foregoin,s\instrument and acknowledged to me that he executed the same. 1 / VJ B.J ' O\ DA v1 11'' Nata Public for the State of ,0 ' .J • W V\/i' @ • • • • • 0\ Residing at 1-1 I oi})0. W f:1- : : C.0'rv1J- : I = : : = I J f\ I 01 - · I - Commission expires: 1 vv / : \ '°tle\.'c, : : ' I - 'O Z . n. • X , u; • • Y c Of A PERMANENT PUBLIC UTILITY EASEMENT Page 2 of 2 ---PAGE BREAK--- 3: n 00 00 z 0 oci N N0°55'14"E 108.50' EXISTING FENCE IS APPROX. 1' INSIDE EASEMENT ON NORTH, SOUTH, ANO EAST SIDE WILLIAMS DEED NO. 349986 40' 571586 SE COR SECTION 16, T.39N.,R.5W.,B.M. EASEr\11ENT 0 " " w n- 0 - 00 . 00 mN 00 I I AREAi POINT OF I BEGINNING w > 0 ci w c.o z w N _J > z w 0 w i-0 I- u 0 rolw _J Q_ ffi I so·55'14"w / 40' 108.50' df, I df - - SECTION 16, 00 0 n T.39N.,R.5W.,8.M. - - , l' S1/4 COR oo N0°55'14"E 21 0 20 40 40' SCALE IN FEET 16 EXHIBIT PERMANENT UTILITY EASEMENT WILLIAMS TO CITY OF MOSCOW April 2015