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PERMANENT PUBLIC EASEMENT 52N9R8 No. AT THE REQUEST OF: ,.,1/'tJBf}t'+ L!rt-Y, ;tJ DATe & HOUR : py'S'o $3'P'IJ 6 · fi' · o'f SUX.tWPETERS N 7 lATAH C)NTY RECORDER Fee$_ fiL---BY ITANI LAND COMPANY LIMITED LIABILITY COMPANY, a Washington limited liability 'J7 company, whose current address is SW 1515 Wadleigh Drive, Pullman, Washington, 99163, 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 public easement for the purpose of constructing and maintaining a public street, sidewalk, and 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, as shown on the attached Exhibit and being more particularly described as follows: 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, being a portion of the ltani Land Company Limited Liability Company tract described in Quit Claim Deed No. 513742 on file with the Recorder's office of said Latah County, with said easement shown on the attached EXHIBIT and being more particularly described as follows: Commencing at the Northwest Corner of Rolling Hills Addition #6 as shown on the recorded plat thereof, thence along the northerly line of said Rolling Hills Addition S89°33'23"E, 732.87 feet, to the Northeast Corner of said Rolling Hills Addition thence continuing S89°33'23"E, 146.93 feet, to the TRUE POINT OF BEGINNING; thence continuing, S89°33'23"E, 99.89 feet; thence S36°20'38"E, 34.17 feet; thence S53°39'22"W, 80.00 feet; thence N36°20'38"W, 93.99 feet, to the TRUE POINT OF BEGINNING. 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 street, sidewalk, utilities, or customary attachments and accessories. 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 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 street, sidewalk, utilities, 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. 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. PERMANENT PUBLIC EASEMENT Page 1 of 2 200'1.6* ---PAGE BREAK--- IN WITNESS WHEREOF, GRANTOR has hereunto set its hand and seal this K day of • 2009. GRANTOR: ITANI LAND COMPANY LIMITED LIABILITY COMPANY by:Ri{FufTANI, MANAGING MEMBER STATE OF ) )ss COUNTY OF UM4 ) ACKNOWLEGEMENTS On this _ day of , 2009, before me, a Notary Public of the State Of -r/1 # {I , personally appeared RAFIK IT ANI, known or identified to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he Notary Public for the State of executed the same. Residing at :z:lJ Commission expires: PERMANENT PUBLIC EASEMENT Page 2 of 2 529988 ---PAGE BREAK--- I L13 62.00' 62 85Sf 7,468 sr 7,448 L .N Ol K ci @ N @ Ol 0 Ol N N 1.26' 9'51" E =r 62' 62' 'of Sf 8,887 sr 8,883 Sf 62' 62' S89°33'23"E 732.87' 62' 7,428sr @ Ol 8,879 Sf 62.00' 635.94' S 89"11 '47" E 62 62 7,407z 7,388 Sf @ 8,588sr 8,609 sr 60.00' 60.17' ·co 62.00 ® Q) SKYVIEW ESTATES ADDITION 86.19' . T co 143.7 4' 12,758Sf lfl N U 529988 FROM NW CORNER ROWNG HILLS #6 - I I I D 0 CD 0 0: I I I I I I I I I I I IT ANI (UNPLATTED) IT ANI (UNPLATTED) t SCALE: 1 1 00' EXHIBIT'A' PERMANENT PUBLIC EASEMENT IT ANI LAND COMPANY LIMITED LIABILITY COMPANY TO THE CITY OF MOSCOW, IDAHO JUNE 2009