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PROPERTY SALES AGREEMENT 'rHIS AGREEMENT entered into this day of j, , 1990, by and between the City of Moscow, a m ip corporation of Idaho, herein referred to as PURCHASER or City , and Indian Hills Trading Company , an Idaho Corporation, herein referred to as SELLER; RECITALS. A. The SELLER is the owner of property which the purchaser is seek ing as part of a road improvement project. B. The City is acquiring this property for public use. C. The SELLER and PURCHASER have each obtained professional advice concerning the value of the interests to be acquired by the PURCHASER. D. The property acquired from the SELLER and the contiguous property owned by the SELLER are zoned and used as agricultural property and have no practical value for use as commercial or residential property . The price paid is representative of the use and valuation. IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE SELLER AND THE PURCHASER AGREE AS FOLLOWS: 1. The SELLER hereby agrees to execute a right-of-way deed and temporary construction easement to the PURCHASER granting and convey ing the property interest described herein to the PURCHASER. 2. PROPERTY. The property which is the subject of this agreement is described as follows: Parcel 1, Right-of-Way Acquisition A tract of land located in Section 17, Township 39 North, Range 5 West, Boise Meridian, Latah County , Idaho, more particularly described as follows: Beginning at the southwest corner of said Section 17; thence S. 89 degrees 30 minutes 24 seconds E, along the south line of said Section 17, 444.8 feet to the TRUE POINT OF BEGINNING; thence S. 89 degrees 30 minutes 24 seconds E, continuing along said south line, 937.0 feet; thence N.O degrees 29 minutes 36 seconds E, perpendicular to said south line, 30.0 feet; thence N. 39 degrees 30 minutes 24 seconds W, parallel to and 30 feet from said south line of ---PAGE BREAK--- Section 17, 93 7. 0 feet; thence s. 0 degrees 29 minutes 36 seconds W, perpendicular to said south line, 30.0 feet to the TRUE POINT OF BEGINNING. Excluding therefrom 21,009 square feet of existing public right-of-way which lies within 25 feet of the existing road center line. Parcel 2, Temporary Construction Easement A tract of land located in Section 17, Township 39 North, Range 5 West, Boise Meridian, Latah County , Idaho, more particularly described as follows: Beginning at the southwest corner said Section 17; thence S. 89 degrees 30 minutes 24 seconds E, along the south line of said Section 17, 444.8 feet; thence N. 0 degrees 29 minutes 36 seconds E, perpendicular to said south line, 30.0 feet to the TRUE POINT OF BEGINNING; thence S. 89 degrees 30 minutes 24 seconds E, parallel to and 30.0 feet from said south line of Section 17, 937.0 feet; thence N. 0 degrees 29 minutes 36 seconds E, perpendicular to said south line, 14.5 feet; thence N. 89 degrees 30 minutes 24 seconds W, parallel to and 44.5 feet from said south line of Section 17, 5 1. 77 feet; thence N. 89 degrees 32 minutes 21 seconds W, 885 .23 feet; thence s. 0 degrees 29 minutes 36 seconds W, perpendicular to said south line, 14.0 feet to the TRUE POINT OF BEGINNING. The area included in this description is 14,365 square feet, more or less. That the property described above is thirteen thousand three hundred and sixty -five (13,365 ) square feet, more or less, in size; and that PURCHASER, as part of this project, will remove earth from and grade in an area not to exceed six thousand one hundred and sixty (6,160) square feet of said easement to a 2:1 slope (26 degrees 34 minutes) , with the terrain of the remaining seven thousand, two hundred and five (7,205 ) square feet not being altered by said construction. This easement shall expire on November 1, 1990. 3. In consideration of the right-of-way deed and temporary construction easement, the PURCHASER shall immediately , upon receipt of the executed deed, pay the SELLER $20,000.00 apportioned according to their respective values in the amount of of $7,980 for Parcel 1 and $12,020 for Parcel 2. ---PAGE BREAK--- PURCHASER also agrees that no more than $15 ,108. 00 of the $20,000.00 purchase price shall be charged as a project expense to LID 111 with the balance of the funds being paid from other funds legally available to the city . 4. As additional consideration for the deed, PURCHASER shall cause any earth removed from SELLERS' property to be relocated to the area illustrated in Exhibit A attached hereto and incorporated by reference herein. 5 . PURCHASER shall manage weed control and abatement during use of the easement. 6. This agreement constitutes the entire agreement of the parties. There are no other agreements oral or written which modify or affect this agreement. The agreement may not be amended except in writing signed by both parties to the agreement. 7. The city shall indemnify and save SELLER, its agents, and employ ees harmless from any and all claims, liability , losses, costs, charges or expense to which SELLER may be put by reason of any negligent act or omission of the City on account of use of the temporary easement. If any action, claim or demand is made against SELLER for any negligent act or omission of the City , the City agrees to assume the expense and shall pay all costs, charges, attorney fees, settlements, judgments or other expenses incurred by or obtained against SELLER. IN WITN SS WHEREOF, the SELLER by and through its -altd r) 7'-cp,,y , and the PURCHASER, by and thro gh its May or and City Clerk have executed this agreement to effective the day and y ear first set forth above. SELLER: Indian Hills Trading Co. Sally Po rs, Secretary -Treasurer PURCHASER: City of Moscow ---PAGE BREAK--- ATTEST: city (SE A L ) ST ATE OF ) ccAI.TjrU ) ss. Clerk County of , ka/-'LA ) On this day of V&{rzW,UX/0Y 1990, before me r- I personally appeared :Ja/ll/ f?c , to me known to be the authorized officer of the corporation that executed the within and ·foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. written. in and for the State residing in 75 k::C<.cc expires: cZ?< (.ff'¢r,t TFK\26630-00_001\SALES.AGR ---PAGE BREAK--- TEMPORARY CONSTRUCTION EASEMENT For and in consideration of ten dollars and other valuable consideration, the undersigned, owner of the real estate described in Exhibit attached hereto and by this reference incorporated herein (the "Premises") , at this date, grant, bargain, convey, and transfer to the City of Moscow, Latah County, Idaho, a municipal corporation, (the "City" ) , a temporary construction easement and right of ingress and egress, including the right of its officers, employees, representatives, and agents to enter upon the Premises, excavate, remove, grade and alter the Premises according to the following conditions: 1. The GRANTOR shall manage weed control and abatement during construction. 2. The leveling and alteration for slopes shall not exceed a 2:1 slope. 3. The earth removed shall be deposited on property owned by the GRANTOR as provided by separate agreement. 4. The size of the parcel to be graded and sloped within Exhibit A shall not exceed 6,160 square feet being a portion of the property in Exhibit A. 5. The City shall indemnify and save SELLER, its agents, and employees harmless from any and all claims, liability, losses, costs, charges or expense to which SELLER may be put by reason of any negligent act or omission of the City on account of use of the temporary easement. If any action, claim or demand is ---PAGE BREAK--- made against SELLER for any negligent act or omission of the City, the City agrees to assume the expense and shall pay all costs, charges, attorney fees, settlements, judgments or other expenses incurred by or obtained against SELLER. 6. This easement shall expire November 1, 1990. SIGNED AND DATED this /t:f day of 1990. STATE OF ) 7 ) ss. INTIAN HILLS TRADING COMPANY By: _j.,cUJLu L l_l`yabPc Secretary-Treasurer County o:f!..-1£Vhc-tv'wl. ) On this ? 7. day of , 1990, before me personally appeared 1• ./jkve,{r/ , to me known to be the authorized ' ( officer of the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. In Witness Whereof I have hereu official seal the day and year first TFK\26630-00.001\CONSTRUC.EAS affixed my in and for t State residing in · J-.a expires:/. l1t , ---PAGE BREAK--- . . tb Zfv) 3 EXHIBIT A. qJ -to ot i