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; 519245 AT THE REQUEST OF; C't9ftE AI4JI't?lf pgp:wzHOliR; itt SUSAN PETERSEN PERMANENT PUBLIC UTILITY EASEMENT LATAH COUNTY RECORDER CAMDEN COURT SOUTHGATE, L.L.C., an Idaho Limited Liabilit;0! current address is P.O. Box 9345, Moscow, Idaho 83843, and IDABUILD, L.L.C., an Idaho Limited Liability Company, whose current address is P.O. Box 9345, Moscow, Idaho 83843, GRANTORS, owners 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, non-exclusive permanent easements and rights-of-way in which to construct and maintain public utilities including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: EASEMENT NO. 1 A public utility easement located in the Camden Court Subdivision in the City of Moscow, Idaho, recorded as Instrument No.506566 on file with the Recorder's office of Latah County, Idaho, shown on the attached 'Exhibit A' and more particularly described as follows: Commencing at the southwest corner (southernmost) of Lot 6 of said Camden Court Subdivision; thence N43°23'22"W 35.00 feet, along the southwesterly boundary of said Lot 6 to the TRUE POINT OF BEGINNING; thence N46°32'40"E 215.03 feet along the northwesterly line of a platted 35 foot wide public easement; thence N43°23'20'W 3.00 feet along the southwesterly line of a platted 10.00 foot wide public easement; thence S46°32'40'W 215.03 feet, parallel with and 3.00 feet distant of said 35 foot wide public easement line; thence S43°23'22"E 3.00 feet, along said southwesterly boundary of Lot 6, to the TRUE POINT OF BEGINNING. Said easement contains 645 square feet, more or less. EASEMENT NO. 2 A public utility easement located in the Camden Court Subdivision in the City of Moscow, Idaho, recorded as Instrument No.506566 on file with the Recorder's office of Latah County, Idaho, shown on the attached 'Exhibit A' and more particularly described as follows: Beginning at the northwest corner (westernmost) of Lot 7 of said Camden Court Subdivision; thence N46°32'40"E 108.07 feet, along the northwesterly boundary of said Lot 7, to the southwesterly line of a platted 35 foot wide public easement; thence S43°27'20"E 121 .17 feet, along said easement line; thence S46°32'40"W 7.46 feet, along the southeasterly boundary of Lot 9 of said Camden Court Subdivision; thence northerly 4.70 feet along a curve to the right, said curve having a radius of 31.50 feet, a central angle of 8°32'35", and a chord bearing N11°46'35"W 4.69 feet; thence N43'27'20"W 112.18 feet, parallel with and 5.00 feet distant of said 35 foot wide public easement line; thence S46°32'40'W 88.08 feet, parallel with and 5.00 feet distant of said northwesterly boundary of Lot 7; thence S43°23'22"E 10.00 feet; thence S46°32' 40"W 15.00 feet; thence N43°23'22"W 15.00 feet, along the southwesterly line of said Lot 7, to the point of beginning. Said easement contains 1,276 square feet, more or less. PERMANENT PUBLIC UTILITY EASEMENT Page 1 of 3 2007-56 ---PAGE BREAK--- 519245 EASEMENT NO. 3 A public utility easement located in the Camden Court Subdivision in the City of Moscow, Idaho, recorded as Instrument No.506566 on file with the Recorder's office of Latah County, Idaho, shown on the attached 'Exhibit and more particularly described as follows: Commencing at the northeast corner (northernmost) of Lot 13 of said Cameron Court Subdivision; thence S46°32'40'W 9.85 feet along the northwesterly boundary of said Lot 13; thence S43°27'20"E 35.00 feet to the point of intersection of the southeasterly line of a platted 35 foot wide public utility easement and the southwesterly line of a platted 1 0 foot wide public utility easement, and the TRUE POINT OF BEGINNING; thence S46°32'40"W 110.57 feet along said 35 foot wide easement line; thence northeasterly 46.92 feet along a curve to the left, said curve having a radius of 31.50 feet, a central angle of 85°20'57", and a chord bearing N53°16'06"E 42.70 feet; thence N46°32'40"E 68.28 feet, parallel with and 5.00 feet distant of said 35 foot wide easement line, to said southwesterly line of a 10 foot wide public utility easement; thence along said easement line, 5.00 feet along a curve to the right, said curve having a radius of 7 40.00 feet, a central angle of 0°23'14", and a chord bearing N44°48'38'W 5.00 feet to the TRUE POINT OF BEGINNING. Said easement contains 692 square feet, more or less. EASEMENT NO. 4 A public utility easement located in the Camden Court Subdivision in the City of Moscow, Idaho, recorded as Instrument No.506566 on file with the Recorder's office of Latah County, Idaho, shown on the attached 'Exhibit and more particularly described as follows: Beginning at the northwest corner (westernmost) of Lot 8 of said Camden Court Subdivision; thence N46°32'40"E 12.74 feet along the northwesterly boundary of said Lot 8; thence S62°52' 1 O"E 87.13 feet to a point on the southeasterly boundary of said Lot 8; thence along said boundary, S46°32'40'W 0.52 feet; thence N64°38'53'W 82.26 feet along an existing public utility easement line; thence continuing along said easement line, S55°51 '28'W 11.61 feet to the southwesterly boundary of said Lot 8; thence along said boundary, N43°23'22'W 3.61 feet to the point of beginning. Said easement contains 208 square feet, more or less. for the purpose of constructing, operating, maintaining, and repairing or replacing said public utilities 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 public utilities. 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 public utilities (including, but not limited thereto, the right to make necessary repairs, alterations, and removals or replacement thereof). Upon exercising these rights, PERMANENT PUBLIC UTILITY EASEMENT Page 2 of 3 ---PAGE BREAK--- 519245 GRANTEE shall restore the property to its prior condition and shall compensate GRANTORS, their successors or assignees, for any damages suffered. 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 z.G day of 1::\Qce....k , 2007. GRANTORS: CAMDEN COURT SOUTHGATE, L.L.C. IDABUILD, L.L.C. STATE OF ":fjaJ'\.o COUNTY OF L.Jl ) )ss ) ACKNOWLEGEMENTS . H. On this 2 - day of + , 2007, before me, a Notary Public of the State of d:.:Ro bo , personally appeared JERRY WALACE, known or identified to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as authorized by CAMDEN COURT SOUTHGATE, L.L.C. and PERMANENT PUBLIC UTILITY EASEMENT Page 3 of 3 ---PAGE BREAK--- . ,j ' ' ; " \ \ > \ · OF G I i i ' li'J f: ' I 11 : -w :j >e I I I ' I LEGEND A c.u.ctlLATJlD POIIITS / lfOTJliiiG SET @ SET 1/2" DU. REIWI • I'OUlll 0/8" IliA. RE1W1 k CB!mlRLIIIJ: llOIMIENTS , LOT LlliE SUBiliVJlliON BOUNllARY PIJBUC UTIU'tY twm1E11T LlliE STIIET ADDmoNAL EASEWENT .lftiWI B!5U3 Of ftEABIHG Clll"':RUD 0'1 'llt!SIIRZ DRIVI arm .ADDmOlf PLl'l' e #1 STORIIWATER PARCEL #2 SOUTHGATE 2IID ADDn'IOH M- [H.lfl5CO] EXHIBIT CAMDEN COURT ADDIDONAL PUBLIC BASEMENTS aTrCI'MOIIC.'OW',lATABOXIHTT,IIMIIO Allli'L\TCI'ton lA Bl.&: 7 """"'DM>UD.D.W: ,0 v ( 7 <:.11