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PERMANENT UTILITY EASEMENT 565294 NO. AT THE REQUEST OF. DAT & HOUR 1 ""°/11(15l'aw:-= ;A.N PETERS1i2 FEE$ BY I LAT?OUNTY RT HELBLING BROTHERS LAND & INVESTMENT, L.L.C. (an Idaho Limited Liability Company), GRANTORS, owners of real property affected hereby, in consideration of one dollar and other valuable consideration in hand paid, do 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 permanent easement and right-of-way in which to construct and maintain a pole, guy anchors, and related appurtenances including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: An easement situated in Block B of Lieuallen's Second Addition to the City of Moscow, Latch County, Idaho, the plat of said addition being on file with the Recorder's office of said County, with said easement shown on the attached Exhibit and being more particularly described as follows: Beginning at a point on the easterly right-of-way line of U.S. Highway 95 southbound as shown on the official project plans for Federal Aid Project No. NH-F-4110 (101) dated September 1990 on file with the Idaho Transportation Department, said point being 30 feet right of highway station 142+44. 76; thence northeasterly along said right-of-way line 42.05 feet, along a curve to the right having a radius of 256.48 feet, a central angle of 9°23'35", and a chord bearing N27°02'34"E 42.00 feet, to a point 30 feet right of highway station 142+91.73; thence leaving said right-of way line S58°15'39"E 5.00 feet to a point 35 feet right of highway station 142+91. 73; thence southwesterly 18.11 feet along a curve to the left having a radius of 251.48 feet, a central angle of 4°07'37", and a chord bearing S29°40'33"W 18.11 feet, to a point 35 feet right of highway station 142+ 71.29; thence S62°57'26"E 16.00 feet to a point 51 feet right of highway station 142+ 71.28; thence southwesterly 5.00 feet along a curve to the left having a radius of 235.48 feet, a central angle of 1°13'00", and a chord bearing S27°02'34"W 5.00 feet, to a point 51 feet right of highway station 142+65.20; thence N62°57'26"W 16.00 feet to a point 35 feet right of highway station 142+65.40; thence southwesterly 18.11 feet along a curve to the left having a radius of 251.48 feet, a central angle of 4 °07'37", and a chord bearing S24 °24'35"W 18.11 feet, to a point 35 feet right of highway station 142+44.76; thence N67°39'14"W 5.00 feet to the point of beginning. Said easement contains 288.19 square feet, more or less. for the purpose of constructing, operating, maintaining, and repairing or replacing said pole, guy anchors, and related appurtenances by the City of Moscow or its agents or contractors or franchised utility companies. GRANTORS, their successors and assigns, reserve 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 pole, guy anchors, and related appurtenances. GRANTORS agree that they and their heirs or assigns will not build or place any new encroachment thereon which will unreasonably interfere with the rights of the GRANTEE. PERMANENT PUBLIC WATERLINE EASEMENT Page 1 of 2 20 2-t.\ ---PAGE BREAK--- 565294 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 pole, guy anchors, and related appurtenances (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 forever bind GRANTORS AND GRANTEE, their heirs and assigns. IN WITNESS WHEREOF, GRANTORS have hereunto set their hand and seal this I sr day of /J!t.v . 2014. I GRANTORS: HELBLING BROTHERS LAND & INVESTMENT, L.L.C. By: w L C)Jel{L Managing Member State of County of. " On Mac l , 2014, / i ( J 1 ii.M L. 1-kJ fa [1""onally appeared before me, _ who is personally known to me X whose identity I proved on the basis of.]? .J1. CA whose identity I proved on the oath/affirmation of _ a credible witness to be the signer of the above document, and he/she ackno ¬'fi. s zl\ " i ( \ - } - - \ • 8L\C / j to. · • OF \0 . PERMANENT PUBLIC WATERLINE EASEMENT Page 2 of 2 ---PAGE BREAK--- l.iewiller.':i. 1nd Addi1ion ·\ȗȘ T.39¤ R.©W.,3.M. MOSCOW Inc:oro Rlpul;ation 16,513 1980 U.fi. 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