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566984 Project No. STP-7564 (004) Key No. 03546 Parcel No. 01 Parcel ID. No.03546L 01 PERMANENT EASEMENT EMMANUEL LUTHERAN CHURCH OF MOSCOW, IDAHO, 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 8 38 43, GRANTEE, and its agents and assigns, a non-exclusive permanent easement and right of-way including the right to enter upon, occupy and use property located in the City of Moscow, L atah County, Idaho, to wit: An easement consisting of that portion of the Northeast Quarter of the Southwest Quarter of Section 7, Township 39 North, Range 5 West, Boise Meridian, City of Moscow, Latah County, Idaho, more particularly described on Exhibit attached hereto and incorporated herein by reference. Said easement contains 117 square feet, more or less. for the purpose of constructing, maintaining, and repairing or replacing a retaining wall and related accessories by the City of Moscow or its agents or contractors. GRANTOR, its successors and assigns, reserves the right to improve said easement area as long as such improvement shall not unreasonably inter fere with the construction, operation, maintenance, repair and/or reconstruction of said retaining wall and related 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. The 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 retaining wall and related accessories. 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. PERMANENT EASEMENT Page 1 of 3 l L\ q ---PAGE BREAK--- . ' , ' - ' . IN WITNESS WHEREOF, GRANTOR has hereunto set its hand and seal this _ day of 4tr-,2012 . GRANTOR: EMMANUEL LUTHERAN CHURCH OF MOSCOW, IDAHO / ;11JC-. By: By: _ _ State of _ County of Lo._ ) State of County of ) Title: _ ACKNOWLEDGEMENTS On this day of 2012, before me, the undersigned, a Notary Public, in and for said State, personally appeared known to me, and/or identified to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. Notary Public for: _ Residing at: _ My Commission Expires: _ PERMANENT EASEMENT Page 2 of 3 ---PAGE BREAK--- , • II ' 1 •r EXHIBIT Project No. STP-M-7564 (004) Key No. 03546 Parcel 01 03546L01 Prepared: February 12, 2009 Permanent Easement That portion of the Northeast Quarter of the Southwest Quarter of Section 7, Township 39 North, Range 5 West, Boise Meridian, City of Moscow, Latah County, Idaho described as follows: 566984 COMMENCING at the South Quarter corner for said Section 7 said point being a 5/8" X 30" rebar with a 2" aluminum cap marked as shown on a Corner Perpetuation and filing recorded under instrument No. 393941; Thence North 01°01' 16" East along the North-South Mid-Section line, a distance of 1747.62 feet to Street centerline at station 18+88.50; Thence North 89°22'29" West along the centerline of said Street, a distance of 733.28 feet to centerline station 11 +55.22 Street; Thence North 00°37'31" East, to a point on the North right of way of said Street and being 30.00 feet Left of centerline Station 11 +55.22, said point also being the TRUE POINT OF BEGINNING; Thence North 00°37'3 l" East, a distance of 5.00 feet; Thence South 89°22'29" East parallel with and 5.00 feet distant from said right of way, a distance of 23.52 feet to point on the East line of a parcel of land described in a Deed of Gift recorded under instrument No. 237854 said point also taken to be on the West line of a parcel of land described in Warranty Deed recorded under instrument No. 396 891; Thence South 01°02'57" West along the East and West lines of said parcels, a distance of 5.00 feet to the Southeast corner of said Deed of Gift recorded under instrument No. 237854 and the Southwest corner of said Warranty Deed recorded under instrument No. 396 891 and being a point on said right of way 30.00 feet left of centerline Station 11+78.70; Thence North 89°22'29" West along said right of way and being parallel with and 30.00 feet distant from said centerline, a distance of 23.4 8 feet to the TRUE POINT OF BEGINNING. CONTAINING: 117 square feet or 0.003 acres more or less. PERMANENT EASEMENT Page 3 of 3