Full Text
Project No. STP-M-7564(004) Key No. 03546 Parcel No. 04 Parcel ID. No.03546L04 PERMANENT EASEMENT CHEUK SHUI ENG and KIT CHING ENG, husband and wife, and MORGON ENG, a single man, and MORTON ENG, a single man, 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 including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: An easement consisting of that portion of the Northeast Quarter of the Southwest Qumter 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 3 71 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. 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 of said retaining wall and related accessories. GRANTORS agree that they and their 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 contained in this Easement shall run with the land and shall bind GRANTORS AND GRANTEE, their heirs and assigns until such time this Easement is vacated by GRANTEE. PERMANENT EASEMENT Page 1 of 4 2. o 1 z. ---PAGE BREAK--- IN WITNESS WHEREOF, GRANTORS have hereunto set their hand and seal this _ _ day of J1 v- ' 2012. MORGOrj'ENG rlo State oft?ifeget3 Countyof chcde.S MORTON ENG ACKNOWLEDGEMENTS On this day of · , 2012, before me, the undersigned, a Notary Public, in and for said State, pers red CHEUK SHUI ENG, known to me, and/or Identified to me on the basis QfsatiJfi}ctory evidence, to be the person whose me is subscribed to the within ·m\ll to me that he executed the sam c • t . T . U W Afi y \ n Notary Public for: k c • o Residing at: 1Z Y:Q X My Commission jpires: /'J/'22 t>u8uc s r ' Y . S' / l:t, y '/t,1 EOF :r:Jiflll State of s4 ) County of -q On this day of , 2012, before me, the undersigned, a Notary Public, in and for said State, pers ally appeared KIT CHING ENG, known to me, and/or identified to me on the basiT,Qi\ evidence, to be the person whose name is subscribed to the within to me that she executed the sa`"' - b • OTA X • • I y 2 : r 'S Notary Public for: G Residing at: 7f:tJ¥. J;D_ 'S · C : X My Commission E{pires: ja/bs- V vBL\ : S 1 I w Ql;•. • o • • • • • p E OF \Or- 111/J Ill PERMANENT EASEMENT Page 2 of 4 ---PAGE BREAK--- ACKNOWLEDGEMENTS (cont'd) State of 0rf'gb0 . ) County of J:i>srbu.f'S State of County of _ _ On this day of J.da . .y , 2012, before me, the undersigned, a Notary Public, in and for said State, personally appeared MORTON ENG, known to me, and/or identified to me on the basis of satisfactory evidence, to be the person whose name is subscribed h .ihV within instrument and acknowledged to me that he executed the f..tLu PERMANENT EASEMENT Public fJ? at: loe.L'-- My Commission Expires: 5/LJIZAt'J r 1 Page 3 of 4 ---PAGE BREAK--- EXHIBIT Project No. STP-M-7564 (004) Key No. 03546 Parcel 4 03546L04 Prepared: February 1 2, 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: 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°0 1 ' 16" East along the North-South Mid-Section line, a distance of 1747.62 feet to Street centerline at station 1 8+88.50; Thence North 89°22'29" West along the centerline of said Street, a distance of 536. 1 4 feet to centerline station 1 3+52.36 Street; Thence North 00°37'31" East, a distance of 30.00 feet to the Southeast corner of a parcel of land described in Warranty Deed recorded under instrument No. 525337 also taken to be the Southwest corner of a parcel of land described in Quit Claim Deed recorded under instrument No. 406 101 said point being on the North right of way of said Street 30.00 feet left of centerline Station 1 3+52.36, said point also being the TRUE POINT OF BEGINNING; Thence North 01 °02'57" East along the East and West line of said parcels, 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 74.35 feet to point on East line said Quit Claim Deed recorded under instrument No. 4061 01, said point taken to be on the West line of Lot 6, Block 1 of The Loehr Addition as recorded in Book 4 of Plats, Page 16 as described in Warranty Deed recorded under instrument No. 498649; Thence South 01 °02'57" West along said West and East lines, a distance of 5.00 feet to the Southeast corner of said Quit Claim Deed and the Southwest corner of said lot 6 and being a point on said right of way 30.00 feet left of centerline Station 14+26. 7 1 ; 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 74.35 feet to the TRUE POINT OF BEGINNING. CONTAINING: 371 square feet or 0.009 acres more or less. PERMANENT EASEMENT Page 4 of 4