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583X)70 NO !---;ATl-HER(QUE-srOF:-- 1, (Z£$j / DATE & hOuil 11-- · If' 2·/k·tZ . . PERMANENT UTILITY EASEMENT HENRIANNE K. wes.· · :nG fJH COUN"iY AECO . I FEES J & S Holding Company, L.L.C., an Idaho Limited Liability Company GRANTOR, owner of real property affected hereby, for value received, do hereby grant the City of Moscow, Idaho, 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 utility easement and right-of- way in which to construct and maintain a sanitary sewer, including the right to enter upon, occupy, and use property located in the City of Moscow, Latah County, Idaho, to wit: An Easement, comprising a portion of that certain parcel of land described in Warranty Deed, recorded January 11, 2006, Instrument No. 502165, records of Latah County, being situated in the SEl /4 of Section 7, Township 39 North, Range 5 West, Boise Meridian, City of Moscow, Latah County, Idaho, described as follows: Commencing at the southeast comer of said Section 7 (from which the South 1/4 comer of said Section bears South 87°45'09" West, a distance of2,673.56 feet); thence South 87°45'09" West, a distance of 1,357.64 feet along the south line of said Section; thence North 02°14'51" West a distance of 29.12 feet, more or less, to the intersection of the easterly line of an existing Utility Easement described in Instrument No. 495438, Records of Latah County, and the northerly right-of-way line of West 6th Street, said point being the POINT OF BEGINNING; thence along said east line North 36°38'03" West, along the northeasterly line of said Utility Easement, a distance of 61.16 feet; thence leaving said northeasterly line South 56°36'59" East, a distance of 87.21 feet, more or less, to a point on the north right-of-way line of West 6th Street; thence along said right-of-way line, South 88°16'47" West, a distance of 36.35 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM any portion thereof lying within the existing easement described in Instrument No. 352751, records of Latah County, Idaho. Containing 280 square feet, more or less. TOGETHER WITH: A Temporary Construction Easement lying adjacent to and northerly of the above described Permanent Easement, described as follows: Commencing at the southeast comer of said Section 7 (from which the South 114 comer of said Section bears South 87°45'09" West, a distance of 2,673.56 feet), thence South 87°45'09" West, a distance of 1,357.64 feet along the south line of said Section; thence North 02°14'51" West a distance of 29.12 feet, more or less, to the intersection of the easterly line of an existing Utility Easement described in Instrument No. 495438, Records of Latah County, and the northerly right-of-way line of West 6th Street; thence along said east line North 36°38'03" West, along the northeasterly line of said Utility Easement, a distance of 61.16 feet, said point being the POINT OF BEGINNING; thence continuing along said northeasterly line, North 36°38'03" West, a distance of 105.45 feet; thence leaving said northeasterly line South 41°22'05" East, a distance of PERMANENT UTILITY EASEMENT J & s HOLDINGS AND CITY OF Moscow, IDAHO PAGE 1 OF4 ---PAGE BREAK--- 98.99 feet; thence South 56°36'59" East, a distance of 105.03 feet, more or less, to a point on the north right-of-way line of said West 6th Street; thence continuing along said north right-of-way line South 88°16'47" West, a distance of 17.39 feet; thence leaving said north right-of-way line, North 56°36'59" West, a distance of 87.21 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM any portion thereof lying within the existing easement described in Instrument No. 352751, records of Latah County, Idaho. Containing 1,218 square feet, more or less. SUBJECT TO: Existing rights-of-way and easements of record and/or appearing on above described tract. 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 utility. 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 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 utility (including, but not limited thereto, the right to ma1<:e 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 these burdens and restrictions shall run with the land and shall forever bind GRANTOR, its heirs and assigns. Dated this---11__.4 day of ºYU..ILVl.d 2017. \ GRANT OR GRANTEE J & S Holding company, L.L.C. City of Moscow, Idaho PERMANENT UTILITY EASEMENT J & s HOLDINGS AND CITY OF Moscow, IDAHO PAGE20F4 ---PAGE BREAK--- ACKNOWLEDGEMENTS STATE OF IDAHO ) County of ) ss: ) On this ;QH....,day of , 2017, before me; the undersigned, a Notary Public, in and for said State, personauyappearejames L. Stephens, in his official capacity as Member of J & S Holding Company, L.L.C., 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 on behalf of said company. , . PEif:. 1'1, , v t