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537584 PERMANENT PUBLIC UTILITY EASEMENT INDIAN HILLS TRADING COMPANY, L.L.C., an Idaho Limited Liability Company, whose current address is P.O. Box 106 Ritzville, Washington 99169, 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 permanent easement and right 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: An easement situated in Section 17, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, being a portion of the Indian Hills Trading Co. LLC tract described in Deed No. 513549 on file with the Recorder's office of said Latah County, as shown on the attached Exhibit and being more particularly described as follows: Commencing at the southwest corner of said Section 17, said point being a brass cap monument; thence S89°30'24"E 164.74 feet along the south line of said Section 17; thence leaving said south line, N00°29'36"E 30.00 feet to a point on the north right-of-way line of Palouse River Drive and the TRUE POINT OF BEGINNING; thence N48°21'34"E 144.98 feet; thence N10°16'15"W 91.79 feet; thence N03°35'17"W 103.90 feet; thence N04°12'52"W 107.36 feet; thence N17°45'03''E 60.83 feet; thence N45°08'30"E 32.07 feet; thence N01°00'54"W 203.82 feet parallel with and 10 feet westerly of the west right-of-way line of Street; thence northerly 142.99 feet, along said 10 foot offset, along a curve to the right with a central angle of 15°10'16", a radius of 540.00 feet, and a chord length of 142.57 feet bearing N06°34'14"E to a point on the southerly line of an existing easement recorded as Instrument No. 524634, records of said Latah County; thence S78°24'02"E 10.01 feet along said southerly line to a point on said westerly right-of-way line of Street; thence southerly 140.78 feet along said right-of-way line along a curve to the left with a central angle of 15°13'10", a radius of 530.00 feet and a chord length of 140.37 feet bearing S06°35'41"W; thence S01°00'54"E 221.94 feet along said right-of-way line; thence leaving said right-of-way line, S45°08'30"W 21.85 feet; thence S17°45'03"W 52.07 feet; thence S04°12'52"E 103.58 feet; thence S03°35'17"E 102.84 feet; thence S10°16'15"E 101.85 feet; thence S48°21'34"W 134.10 feet to a point on the north right-of-way line of Palouse River Drive; thence N89°30'24"W 29.81 feet along said right-of way line to the TRUE POINT OF BEGINNING. Said Easement contains 14,120 square feet (0.32 acres) more or less. GRANTOR, 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. GRANTOR agrees 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. 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. Upon PERMANENT PUBLIC UTILITY EASEMENT Page 1 of 2 2-Dl D · Z.<=K ---PAGE BREAK--- : 5375R4 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. IN WITNESS WHEREOF, GRANTORS have hereunto set their hand and seal this C[-fu_ day of 0` ,2010. GRANTOR: INDIAN HILLS TRADING COMPANY, L.L.C. ACKNOWLEDGEMENT STATE OF rl.ahuvig- l 55 County of ) On this qiJ> day of , 2010, before me, the undersigned, a Notary in and for said State, peonaJJYappeared Sally Powers, known to me to be the managing member of Indian Hills Trading Company, L.L.C. whose name is subscribed to the foregoing and acknowledged to me she executed the same as the duly authorized representative of Indian Hills Trading Company, L.L.C. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein above written. DtiiHII IatiiiiiiHI I iH] § Nota17. Public : 8tateof §STACEY L. SCHOESSLER: ; MY COMMISION EXPfRES $ = July 14,2012 .A NOTARY PUBLIC for Sbcey S'c6oc:ss/ey Residing at Rr'fo.Lt'{ le. My Commission Expires: 7/ I 1/ Ia r ' PERMANENT PUBLIC UTILITY EASEMENT Page 2 of2 ---PAGE BREAK--- .2 t)