Full Text
NO A_f T-H-E Fi-::1E'70U'"'""'Es r OF &70,em&~~ 1~;1: v:&i!'Jif- u,TAH cour•iY F\cCO DER PERMANENT UTILITY EASEMENT FEE ~ ¢ CY~~ The Board of Regents of the University of Idaho, a state educational institution and body politic and corporate organized and existing under the constitution and laws of the State of Idaho, 875 Perimeter Dr. MS 443162, Moscow, Idaho, 83844-3162 (hereinafter "GRANTOR"), owner of real property affected hereby, for value received, does hereby grant the CITY OF MOSCOW, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho 83843 (hereinafter "GRANTEE"), and its agents and assigns, a non- exclusive permanent easement in which to construct and maintain a thirty six inch diameter sanitary sewer main, including the right to enter upon, occupy and use property all as described herein and as shown on the attached Exhibit Permanent Easement #1 : Consists of a strip of land across a portion of that certain Parcel described in Warranty Deed, dated May 22, 1990, Instrument No. 376623, records of Latah County, being situated in the NE X of Section 18, Township 39 North, Range 5 West, Boise Meridian, City of Moscow, Latah County, Idaho, described as follows: Commencing at the Northeast Comer of said Section 18 (from which North X Comer of said Section Bears South 87°45'09" West, a distance of 2,673.56 feet), thence South 87°45'09" West, a distance of 1, 134.99 feet along the North line of said Section to a point (when measured at right angles) to the Northeast corner of a parcel of land described in said Warranty Deed; thence leaving said North line South 02°14'51" East, a distance of 37.99 feet, more or less, to the Northeast corner of said parcel, said point being the POINT OF BEGINNING; thence leaving said east line of said parcel South 36°38'11" East, a distance of 3.66 feet; thence leaving said east line South 88°16'49" West, a distance of 73.50 feet, more or less, to the west line of said parcel; thence along said west line North 36°45'31" West, a distance of 3.66 feet, more or less, to the northwest corner of said parcel thence along the north line of said parcel North 88°16'49" East, a distance of 73.51 feet to the POINT OF BEGINNING; The above Permanent Easement contains 221 square feet, more or less. Permanent Easement Consists of a strip of land across a portion of that certain Parcel described in Warranty Deed Instrument No. 376623, records of Latah County, dated May 22, 1990, being situated in the NE X of Section 18, Township 39, Range 5 West, Boise Meridian, City of Moscow, Latah County, Idaho, described as follows: Commencing at the Northeast Comer of said Section 18 (from which North X Comer of said Section Bears South 87°45'09" West, a distance of 2,673.56 feet), Sanitary Sewer Trunk Line Phase V Project EASEMENT Page 1 of4 ---PAGE BREAK--- thence South 87°45'09" West, a distance of 1, 134.99 feet along the North line of said Section to a point (when measured at right angles) to the Northeast corner of a parcel of land described in said Warranty Deed; thence leaving said North line South 02°14'51" East, a distance of 37.99 feet, more or less, to the Northeast corner of said parcel; thence along the east line of said Parcel South 36°38'11" East, a distance of 365.90 feet to the POINT OF BEGINNING; thence continuing along the east line of said Parcel South 36°38'11" East, a distance of 40.20 feet; thence leaving said east line South 59°09'01" West, a distance of 95.19 feet, more or less, to a point on the west line of said Parcel; thence along the west line of said Parcel North 36°38' 11" West, a distance of 40 .20 feet; thence leaving said west line North 59°09'01" East, a distance of 95.49 feet to the POINT OF BEGINNING; The above Permanent Easement contains 3,819 square feet, more or less. TOGETHER WITH: A ten (10) foot wide Temporary Construction Easement lying adjacent to and southerly of the above Permanent Easement, lengthening and shortening the sidelines of said strip to terminate on the easterly and westerly lines of said parcel described in Warranty Deed, recorded as Instrument No. 376623, as depicted on attached Exhibit The above Temporary Construction Easement contains 955 square feet, more or less. ALSO TOGETHER WITH: A strip of land varying width lying adjacent to, and southerly of the above described Permanent Easement said strip to extend to, and terminate on the east, south and west lines of said Parcel as described in Warranty Deed recorded as Instrument No. 376623, as depicted on the attached Exhibit The above Temporary construction Easement contains 533 square feet, more or less. ALSO TOGETHER WITH: Astrip of land for a Temporary Construction Easement lying adjacent to the wester line of said parcel described in Warranty Deed recorded as Instrument No. 376623. Commencing at the northeast corner of said Parcel, thence along the boundary line of said Parcel South 88°16'49" West, a distance of 73.51 feet; thence continuing along the boundary line of said Parcel South 36°45'31" East, a distance of 54.63 feet; thence continuing along the boundary line of said Parcel South 53°38'24" West, a distance of 28.64 feet, more or less, to POINT OF BEGINNING; ~ A a tl .J h jl_ Sanitary Sewer Trunk Line Phase V Project EASEMENT Page 2 of4 ---PAGE BREAK--- thence leaving said Parcel boundary South 40°24'33" East, a distance of 88.18 feet; thence South 32°13'00" East, a distance of 155.78 feet, more or less, to a point on the west line of said Parcel; thence along the west line of said Parcel North 36°38'11" West, a distance of 243.33 feet; thence continuing along the boundary of said Parcel North 53°38'24" East, a distance of 6.20 feet to the POINT OF BEGINNING, as depicted on the attached Exhibit The above Temporary Construction Easement contains 1, 733 square feet, more or less Net Permanent Easement acquisition contains 4,040 square feet, more or less. Net Temporary Construction Easements contains 3,956 square feet, more or less SUBJECT TO: Existing rights-of-way and easement of record and/or appearing on said above described tracts 584291 FURTHERMORE, GRANTOR hereby grants unto GRANTEE, its agents and assigns a license ("License") upon, over, and across that certain real property shown on Exhibit ("License Property") for the purpose of ingress and egress during the construction of the Sanitary Sewer Trunk Line Phase V Project by GRANTEE, its agents or contractors. GRANTEE, its agents or contractors, shall have the right of access over, across, and upon License Property during construction, but License Property shall not be utilized for the construction or placement of any permanent improvements by GRANTEE. GRANTEE will restore the License Property utilized during construction to a condition similar to that of GRANTEE's adjoining property upon completion of construction of the Sanitary Sewer Trunk Line Phase V Project. Parking lot pavement shall be restored to as good or better condition than existed prior to the time of construction. Said License shall expire upon the completion of construction in the adjoining Easement Parcel and upon completion of the grounds restoration required as a term of this Permanent Easement which shall be completed by no later than May 31, 2018, or as otherwise agreed to in writing by both parties. GRANTOR, its successors and assigns, reserves the right to improve said Easement Parcel as long as such improvement shall not unreasonably interfere with the construction, operation, maintenance, repair and/or reconstruction of the Sanitary Sewer Trunk Line Phase V Project. 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 GRANTEE. GRANTEE, its agents or transferees, shall have the right to perform any maintenance it Sanitary Sewer Trunk Line Phase V Project EASEMENT Page 3 of4 ---PAGE BREAK--- may deem necessary or wish to exercise in connection with the aforesaid sewer main (including, but not limited thereto, the right to make necessary repairs, alterations, and removals or replacement thereof). Upon exercising these rights, GRANTEE shall maintain and keep clean the improvements and grounds with the Easement Parcel for so long as GRANTEE exercises these easement rights. GRANTEE shall to the extent permitted by law, indemnify, defend, and save GRANTOR, its successors, assigns, and agents harmless from any and all claims, liabilities, losses, costs charges, or expenses which GRANTOR may incur as a result of any act or omission of the GRANTEE in its use of the Easement Parcel under this Grant or GRANTEE's use of its License to enter upon GRANTOR's property adjacent to the Easement Parcel. 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. GRANTEE agrees to terminate this Easement through the permanent removal of the sanitary sewer main and abandonment of the Easement Area. Nonuse of the Easement Area for the purposes of the Easement for a period of three years will be deemed an abandonment of the Easement. Property shall be restored by GRANTEE to a condition similar to that of GRANTEE's adjoining property upon. It is expressly intended that these burdens and restrictions shall run with the land and shall forever bind GRANTOR, its heirs and assigns. 1 _ !{r-r:L "2JJ17 Dated this Y7 day of ~ . . 2010. Sanitary Sewer Trunk Line Phase V Project EASEMENT Page 4 of4 ---PAGE BREAK--- 58 4291 GRANTOR: BOARD OF REGENTS OF THE UNIVERSITY OF IDAHO Daniel R. Ewart Vice President for Infrastructure STATE OF IDAHO ; SS. County of Latah Iv i~a. On this & day of /rt.tvi(. , , before me, a Notary Public, personally appeared Daniel R. Ewart, in his official capacity of Vice President for Infrastructure, and agent for the University of Idaho Board of Regents, known to me to be the person named above, and acknowledged to me that he executed the foregoing document. GRANTEE: CITY OF MOSCOW, IDAHO Sanitary Sewer Trunk Line Phase V Project EASEMENT Page 5 of4 ---PAGE BREAK--- - 7 . r S8T45 109"W __1?73.55' - - - - 1·,34~v- 07 J ·1 1 ·1 / 3 ; r3 6TH STREET POG (PE# 1) - - - - ' S53'38'24"W - LINE TABLE LINE# DIRECTION LENGTH L1 S2'14'51 "E 37.99' L2 S36"38't 1 "E 3.66' 13 S88' I 6'49"W 73.50' L4 N.36"45'31 "W 3.66' \ LS N88' 1 6'49"E 7.3.51' 16 S.36"38'11 "E 40.20' l.7 N'.36"38'11 "W 40.20' - L8 1 N53'3.5'24"E 6.20' . ~G EN P POINT or· 13tGINNING POB PE_RM,o\Nt:NT E:ASrnEN I POINT or BEGINNING f'OB (TE) H'.MPORARY EASEMENT F'ROPOSED SEWER LIN!:: - - - - ss-- EXISTING R-0-W R/W PROPERTY UNE \ \ \ \ \ \ \ \ \ \ 0 60 120 SCALE IN FEET N5-:t09'01 PERW1NENT EASEMEN1 4,040 SQ. FT. ± PERMANENT EASEMENT ACQUISITION .3,956 SQ. FT. ± TEMPORARY EASEMENT EXHIBIT SEWER LINE EASEMENT ACQUISITION CITY OF MOSCOW NE 114 SEC. 16, T39 N, A5W, B.M.