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542474 PERMANENT PUBLIC SANITARY SEWER EASEMENT BLACKK COVE CONDOMINIUM, L.L.C., an Idaho limited liability company, 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 maintaining a public sanitary sewer along with any customary attachments and accessories, including the right to enter upon, occupy and use property located in the Peterson 151 Addition to the City of Moscow, Latah County, Idaho, as shown on the attached Exhibit and being more particularly described as follows: A 20 foot wide easement located in Lot 5 of Block 2 of Peterson 1st Addition to the City of Moscow, Latah County, Idaho, as shown on the attached Exhibit and being more particularly described as follows. Commencing at the northeast corner of said Lot 5 and running thence S8J029'02"W 259.84 feet along the north line of said Lot 5 to a point lying N8J029'02"E 15.00 feet from the southwest corner of Lot 1 Block 1 of Peterson 2nd Addition to the City of Moscow, Latah Co., Idaho and also lying on the east line of a public utility easement within said addition. Said point being the TRUE POINT OF BEGINNING for this description; thence S87°29'02"W 46.25 feet along said north line of Lot 5, Block 2; thence S03°17'57"W 147.80 feet; thence N87°29'02"E 219.86 feet; thence N02°30'58"W 20.00 feet; thence S87°29'02"W 197.72 feet; thence N03°17'57"E 55.92 feet; thence N88°45'20"E 246.46 feet; thence N01°14'40"W 20.00 feet; thence S88°45'20"W 244.87 feet; thence N03°17'57"E 41.66 feet; thence N8J029'02"E 27.17 feet; thence N02°30'58"W 10.00 feet to a point on said north line of Lot 5 and the TRUE POINT OF BEGINNING for this description. Said easement contains 12,111 square feet, 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. 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. PERMANENT PUBLIC SEWER EASEMENT Page 1 of 2 ---PAGE BREAK--- 542474 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 2 . f_A r - day of i< " 1 , 2011. GRANTOR: BLACKK COVE CONDOMI:IUM, L'#L.C . " By MYJ1 Jc_/ t!JiZ£cr- J6onald M. Blackketter Managing Member STATE OF IDAHO ) : ss. County of Latah ) ACKNOWLEDGEMENTS On this day of , 2011, before me, a Notary Public, personally appeared Donald M. B ackketter, i his official capacity of managing member for Blackk Cove Condominium. L.L.C., known to me to be the person named above, and acknowledged to me that he executed the foregoing document. Residing at My Commission Expires: @ -:ll/-ZIJJj PERMANENT PUBLIC SEWER EASEMENT Page 2 of 2 ---PAGE BREAK--- Scale: 1 "=60' Northeast Corner Lot 5, Block 2 Peterson 1st Addition 20' Wide Public Sewer Easement Lot 1 , Block 1 Peterson 2nd Addition TRUE POINT OF BEGINNING Southwest Corner Lot 1, Block 1 , Peterson 2nd Addition Tract Peterson 2nd Addition Lot 5 Block 2 Peterson 1 st Addition Lot 4 Block 2 Peterson 1 st Addition EXHIBIT PERMANENT PUBLIC SEWER EASEMENT BLACKK COVE CONDOMINIUM, L.L.C. TO THE CITY OF MOSCOW JANUARY 2011 542474 Sewer (typ.) Street Addition