Full Text
445071 PERMANENT PUBLIC PATHWAY EASEMENT KNOW ALL MEN BY TiffiSE PRESENTS, that MARVIN BERDIT MINISTRIES, INC., (GRANTORS), whose address is P.O. Box 8825, Moscow Idaho 83843, owner of real property affected hereby, in consideration of one dollar and other valuable consideration in hand paid, do hereby grant the CITY OF MOSCOW, municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho 83843. (GRANTEE), and its agents and assigns, a permanent non-exclusive easement and non-exclusive right-of-way in which to construct and maintain a public pathway, including the right to enter upon, occupy and use property located in the vicinity of the City ofMoscow, Latah County, Idaho, to wit: A fifteen foot (15') wide public, non-exclusive pathway easement located in the northeast quarter of the southwest quarter of Section 17, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, and more particularly described as follows: Beginning at the northeast corner of said southwest quarter of Section 17; thence S0°5l '47"W 335.19 feet along the east line of said southwest quarter to the northeast corner of the Marvin Berdit Ministries, Inc. tract described in Warranty Deed No. 364200 on file with the Latah County Recorder's office; thence N66°53'57''W 54.45 feet along the northerly boundary of said tract to a point on the southerly right-of-way line of Styner Avenue described in Deed of Dedication No. 384900 also on file with said recorder's office; thence southwesterly along said right-of-way line, 58.34 feet along a curve to the right, said curve having a radius of 270.40 feet, a central angle of 12°21 '41", and a chord bearing S48°50' 13"W 58.23 feet to the TRUll POINT OF BEGINNING; thence leaving said right-of-way line S36°38'2l''E 26.34 feet to a point on the Travois Way cul-de-sac right-of-way described in Deed of Dedication No. 404530 on file with said recorder's office; thence southwesterly along said right-of-way line, 15.10 feet along a curve to the left, said curve having a radius of 45.00 feet, a central angle of 19°13'48", and a chord bearing S49"35'30"W 15.03 feet; thence leaving said Travois Way right-of-way line N36°38'2l"W 28.18 feet to a point on said Styner Avenue right-of-way line: thence northeasterly along said right-of-way line, 15.03 feet along a curve to the left, said curve having a radius of 270.40 feet, a central angle of 3°l l'02", and a chord bearing N56°36'34"E 15.02 feet to the TRUE POINT OF BEGINNING. Said easement contains 402 square feet, more or less. For the purpose of constructing, operating, maintaining, and repairing or replacing a public pathway by the City of Moscow or its agents or contractors or franchised utility companies. This permanent public pathway easement is specifically subject to grantor's right to install, construct, operate, maintain, repair, and/or reconstruct any utility lines underneath the pathway, or passing above the pathway, and the pathway shall specifically be available for grantor's use. The 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 pathway. The 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. 99-51 ---PAGE BREAK--- • The GRAN1EE, 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 pathway (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 and shall compensate GRANTORS, their successors of assignees, for any damages suffered. 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 i3 c;rcss!y intended that t.ese burd.cr.w mtd restrictic:r..!: run \Vit.I the land 2-.'ld shaH forever bind the GRANTORS, their heirs and assigns. IN WITNESS WHEREOF, they have hereunto set their hand and seal this 2nd day of July 19E. • PAMELA BERDIT STATE OF IDAHO ) )ss COUNTY OF Latah ) On this 2nd day of before me, a Notary Public of the State ofldabo, personally appeare