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543137 No. AT THE REOU:::S'f OF: ,.,}/'d(loxfff'J /lt:Aft'aJ 1/1 1/f/ tiC /P.llf'(/1) , _ t!AJJ c. PERMANENT PUBLIC UTILITY EASEMENT )ti i UE;,:;;EN LATAH fur ITY RECO* Fee$ BY( WINDFALL HILLS, L.L.C., an Idaho limited liability company, whose current address is 1 213 South Main Street, 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 public easement for the purpose of constructing and maintaining public utilities along with any customary attachments and accessories, including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, as shown on the attached 'Sewer Easement Exhibit' and being more particularly described as follows: A 20 foot wide utility easement located in the SW1/4 of Section 9, T39N R5W, and being centered over the following described line: Commencing at the southwest corner of said Section 9, thence along the west line of said Section 9, N0.16'55"E, 828.64 feet to the center line intersection of Third Street and Mountain View Road, thence N81.20'16"E, 222.56 feet to a point on the northerly line of existing permanent public utility easement recorded under Instrument #474639, being the TRUE POINT OF BEGINNING: Thence N42.18'52"E, 328.75 feet; thence N68.17' 46"E, 132.87 feet; thence S89.51 '05"E, 399.51 feet; thence S89.28'26"E, 263.70 feet; thence S77"09'25"E, 128.57 feet; thence S47"51'15"E, 129.30 feet; thence S35.04'37"E, 71.31 feet to the north boundary of the proposed Rolling Hills Addition No.8 as shown on the preliminary plat on file with the City of Moscow Engineering Department, and the end of this easement. 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. 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 PUBLIC UTILITY EASEMENT Page 1 of 2 ---PAGE BREAK--- 543137 ' . IN WITNESS WHEREOF, GRANTOR has hereunto set its hand and seal this _ _ _ day of · _ , 2010. GRANTOR: WINDFALL HILLS, L.L.C. /Cnn . rcn eee. e I 1=1 I Jl FOUND UTAH COUHTY BRASS CAP MOHU.EHl SET BY WILLIAM A. SMITH PE/LS #2481 IN 1975 INSTRUMENT #278778 81 !t DAHMEN'S REPLAT WINDFALL HILLS L.L.C. UNPLATTED 129.30' - 6 - .lli.Z!L - . s 89'28'26""1 8 128.57' S 77'09'25" E ROLLING HILLS ADDITION #6 LEGEND + e •Ill• 6) MONUMENT AS SHOWN CENTERLINE MONUMENT THEORETICAL POINT SANITARY SEWER MANHOLE PROPERTY LINE RIGHT -OF-WAY CENTERLINE PROPOSED EASEMENT EXISTING EASEMENT • SUBJECT SANITARY SEWER LINE EXISTING SAINITARY SEWER LINE Z - I 71.31' S 35'04'37" E PROPOSED ROLLING HILLS ADDITION#8 ! SCALE: 1" = 200' r· Jlt·, . .J ti PRELIMINARY NOT FOR CONSTRUCTION 00 0 0 Cl LU --lw :c LU :Z:w:z ga::> LU< Draflod Bv: Sll nte Name: Ut.!oAii ChockodBY: Revlalona: Pr-o ect: 3079-02-09 Date: 3/972010 D