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529628 No. AT THE REQ UEST OF: t;77/ ;:::-mtJRo4 7oATE & HOUR> PERMANENT PUBLIC EASEMENT f. 2k . 0? SUSAN PETERSEN LATAUNTY RECO3DjR Fee$ BY WINDFALL HILLS, L.L.C., an Idaho limited liability company, whose current address isT 213 South Main Street, Moscow, Idaho, 83843, GRANTORS, owners of real property tP affected hereby, in consideration of one dollar and other valuable consideration in hand f7' 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 easement for the purpose of constructing and maintaining a public street, a public pathway, and public utilities along with any customary attachments and accessories, including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: An easement located in the SW1/4 of the SW1/4 of Section 9, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, shown on the attached EXHIBIT and comprised of the westerly 35.00 feet of the Windfall Hills, L.L.C. tract described in Quit Claim Deed No. 522118 on file with the Recorder's office of said Latah County to wit: A parcel of land situated in the SW1/4SW1/4 of Section 9, Township 39 North, Range 5 West, S.M., and being more particularly described as follows: BEGINNING at the Southwest corner of said Section 9; thence N00°16'55"E, 660.27 feet along the West line of said SW1/4SW1/4 of Section 9; thence S89°33'23"E, 30.00 feet to a point on the East right-of way of Mountain View Road and the TRUE POINT OF BEGINNING; thence N00°16'55"E, 328.50 feet; thence S89°33'23"E, 540.77 feet to the Northwest corner of Lot 9, Block 1, Rolling Hills Addition No.6; thence S46°04'46"W, 349.15 feet along the Westerly boundary of said Rolling Hills Addition No. 6; thence S15°36'13"E, 87.79 feet to the Southwest corner of Lot 12, Block 1, Rolling Hills Addition No. 6; thence N89°33'23"W, 314.50 feet to the TRUE POINT OF BEGINNING. 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 street, utilities, pathway, or customary attachments and 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 street, utilities, pathway, or customary attachments and accessories (including, but not limited thereto, the right to make 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. PERMANENT PUBLIC EASEMENT Page 1 of 2 z.ooCf.5Z. ---PAGE BREAK--- 529628 It is expressly intended that the rights, burdens and restrictions 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. IN WITNESS WHEREOF, GRANTORS have hereunto set their hand and seal this _ of m '2009. GRANTORS: WINDFALL HILLS, L.L.C. f6Jerr; by: MICHAEL A. HOFFMANN, MANAGING MEMBER STATEOF 2 ) . )ss COUNTY OF ) ACKNOWLEGEMENTS On this c2 day of , 2009, before me, a Notary Public of the State of ::z:ce44o , per. nally appeared MICHAEL A. HOFFMANN, 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. PERMANENT PUBLIC EASEMENT Page 2 of 2 ---PAGE BREAK--- NW Corner, SW Quarter Section 9, T39N, R5W, BM. NW Corner Warranty Deed No. 522118 Scale: 1"=50' 30' RIW ro en z z 0 0 i= i= w w SW Corner 8 9 Section 9, T39N, RSW, BM. 17 16 30' RIW WINDFALL HILLS, L.L.C. Warranty Deed No. 509931 PUBLIC EASEMENT FOR STREET, PATHWAY, AND UTILITIES Instrument No. 528815 PUBLIC EASEMENT FOR STREET, PATHWAY, AND UTILITIES WINDFALL HILLS, L.L.C. Warranty Deed No. 522118 SW Comer Warranty Deed No. 522118 ROLLING HILLS ADDITION N0.1 EXHIBIT PUBLIC EASEMENT FOR STREET, PATHWAY, AND UTILITIES WINDFALL HILLS, L.L.C. MAY2009