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PERMANENT PUBLIC ACCESS AND UNDERGROUND UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that The Regents of the University of Idaho (UNIVERSITY), a public corporation, state educational institution, and a body politic and corporate organized and existing under the Constitution and laws of the state of Idaho (hereinafter "GRANTOR"), and in consideration of ONE DOLLAR and other valuable consideration in hand paid, receipt of which is hereby acknowledged, does hereby grant and convey to City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83 843 (hereinafter "GRANTEE"), and its successors and assigns, a permanent public access and underground utility easement and right-of-way, together with their attendant customary uses, including ingress and egress, over, through, across, along, and ur1der, and the right to go upon, occupy, improve, and use that certain lot, tract or parcel of land situated in the County of Latah, State of Idaho, more particularly described as follows: A parcel of land located in the NE1/4NE1/4 of Section 18, Township 39 North, Range 5 West, B.M., being a portion of the railroad right of way commonly known as the Moscow Branch of the Union Pacific Railroad Company (UPRR) right of way lying between Sixth Street and College Street (also known as 8th Street) in the City of Moscow, Latah County, Idaho and described as follows: COMMENCING at the Northeast corner of Section 18, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho from which the north one quarter corner of said section bears South 87°45' 17" West; thence along the north line of said section, South 87°45'17" West, 1100.40 feet to the northwest corner of that parcel of land conveyed in a warranty deed to Crites Moscow Growers, Inc., Recorder's file no. 314097; thence along the southwesterly line of said parcel and 25 feet northeasterly and parallel with the main track centerline of the UPRR right of way, South 36°38'03" East, 40.60 feet to the intersection with the south right of way line of Sixth Street and the POINT OF BEGINNING; thence continuing along the southwesterly line of said parcel, parallel with the UPRR main track centerline, the following three courses: South 36"38'03'' East, 802.36 feet; North 53°21 'ST Easl, 5.00 fc:t:t; Suuih 36"38'03" East, 120.00 feet to the northwesterly right of way line of College Street; thence along the northwesterly line of College Street, South 53°27'42" West, 55.00 feet to the intersection with the southwesterly line of the UPRR right of way; thence along the southwesterly line of said right of way, 25 feet southwesterly and parallel with the main track centerline, North 36°38'03" West, 957.17 feet to the intersection with the south right of way line of Sixth Street; thence along the south line of Sixth Street, North 88°16'46" East, 60.97 feet to the POINT OF BEGINNING. A. Such Permanent Public Access and Underground Utility Easement is made for purposes of constructing, illuminating, operating, maintaining. having access to and across, altering, improving, landscaping and/or repairing surface and underground utilities, roadways, pathways, facilities, installations and the like. PERMANENT PUBI.IC ACCESS AND UNDERGROUND UTILITY EASEMENT UNIVERSITY OF IDAHO AND CITY PAGE I OF 3 ---PAGE BREAK--- 54 52 H 'I B. GRANTEE hereby releases and will protect, defend, indemnify, and save harmless GRANTOR, its heirs, successors or assigns from and against all claims, liabilities, demands, actions at law and equity (including without limitation claims and actions under the Federal Employer's Liability Act), judgments, settlements, losses, damages, and expenses of every character whatsoever (hereinafter collectively referred to as "Claims") for injury or death of any person or persons whomsoever and for damage to or loss or destruction of property of any kind by whomsoever owned, caused by, resulting from, arising out of, or occurring in c01mection with GRANTEE's construction, maintenance, alteration, repair, relocation, renewal, removal, use or presence of the Permanent Public Access and Underground Utility Easement, or incidental to or appertaining thereto. C. GRANTOR agrees that it and its heirs, successors or assigns shall not build or place any new encroachment thereon which will unreasonably interfere with the right of GRANTEE or members of the general public to exercise this Permanent Public Access and Underground Utility Easement, nor will it restrict the use of such Permanent Public Access and Underground Utility Easement by Crites Seed, Incorporated (formerly Crites-Moscow Growers, Incorporated) at its current level, intensity, and character. D. GRANTEE, its agents, contractors, heirs, and/or assigns, shall have the right but shall not be obligated to perform any construction, maintenance and/or repair it may deem necessary or wish to exercise in connection with the aforesaid Permanent Public Access and Underground Utility Easement including, but not limited to the right to make construction, repair, alteration, improvement of the property, illumination, placement and maintenance of roadways, pathways, facilities, structures, installations, surface and/or underground utilities and landscaping. E. This Permanent Access and Underground Utility Easement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, successors and assigns. F. The permission hereby afforded shall be the personal privilege of GRANTEE, and no assignment or transfer thereof by operation of law or voluntary act of GRANTEE shall be made, or other use of the Permanent Public Access and Underground Utility Easement be permitted as herein provided, without the prior consent of GRANTOR, its heirs, successors or assigns, and it is agreed that any transfer or assignment of this Permanent Public Access and Underground Utility Easement, whether voluntary, by operation of law or otherwise, without such consent in writing, shall be absolutely void and, at the option of the GRANTOR, its heirs, successors or assigns, shall terminate this Easement. PERMANENT PUBUC ACCESS AND UNDERGROUND UTILITY EASEMENT UNIVERSITY OF IDAHO AND CITY PAGE2 OF 3 ---PAGE BREAK--- IN WITNESS WHEREOF, the parties hereto have set their hands and seals this first day of July, 2011. GRANTOR STATE OF IDAHO ) ) ss: COUNTY OF LATAH ) GRANTEE City of Moscow, Idaho On this day of Q , 2011, before me, the undersigned, a Notary in and for said State, personally ared Lloyd E. Mues, Vice President, Finance and Administration for the University of Idaho, Board of Regents, known to me to be the person whose name is subscribed to the foregoing Permanent Public Access and Underground Utility Easement and acknowledged to me that he/she executed the same in behalf of and as the duly authorized representative of the Board of Regents of the University of Idaho, and has the authority to bind University of Idaho to this Agreement. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. PERMANENT PUBLIC ACCESS AND UNDERGROUND UTILITY EASEMENT UNIVERSITY OF IDAHO AND CITY