Full Text
528R15 PERMANENT PUBLIC EASEMENT WINDFALL HILLS, L.L.C., an Idaho limited liability company, whose current address is 213 South Main Street, Moscow, Idaho, 83843, GRANTORS, owners 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 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 SVV1/4 of Section 9, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, being a portion of the Windfall Hills, L.L.C. tract described in Warranty Deed No. 509931 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 southwest corner of said Section 9; thence N00°16'55"E 988.76 feet along the west line of said Section 9 to the TRUE POINT OF BEGINNING; thence continuing along said west line, N00°16'55"E 261.77 feet; thence along the northerly boundary of said Windfall Hills, L.L.C. tract, N6r28'15"E 70.52 feet; thence leaving said boundary, S00°16'55"W 289.29 feet, parallel with and 65.00 feet distant of said west line of Section 9, to the south boundary of said Windfall Hills, L.L.C. tract; thence along said south boundary, N89°33'24"W 65.00 feet to the TRUE POINT OF BEGINNING. Said easement contains 17,910 square feet, more or less. 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. 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. PERMANENT PUBLIC EASEMENT Page 1 of Z.cx::A ·20 ---PAGE BREAK--- 528815 IN WITNESS WHEREOF, GRANTORS have hereunto set their hand and seal this / tJ 121_ day of J\re11,.- GRANTORS: WINDFALL HILLS, L.L.C. '2009. e r-r f HAEL A. HOFFMANN, MANAGING MEMBER STATE OF !VAitO COUNTY OF LA--rA ) )ss ) ACKNOWLEGEMENTS On this / !3 -t1L day of Aer1l , 2009, before me, a Notary Public of the State of I C)o..ho , personally 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 Residing at M6}0, ID Commission expires: MA4-b 31 20 t4 Page 2 of 2 ---PAGE BREAK--- 30' NW Corner SW Quarter 8 9 Section 9, T39N, RSW, BM. tO Ol z z 0 0 t= t= w w 30' RfW LEONARD KOEPKE 528815 RfW PUBLIC EASEMENT FOR STREET, PATHWAY, AND UTILITIES . . t· SW Corner 8 9 S.ection9.}39W. RSW, BM. 17 I ' I, ' • , ! ' . • • t, 1,_J, · , • EXHIBIT WINDFALL HILLS, L.L.C. Warranty Deed No. 509931 WINDFALL HILLS, L.L.C. Warranty Deed No.522118 PUBLIC EASEMENT FOR STREET, PATHWAY, AND UTILITIES WINDFALL HILLS, L.L.C. APRIL 2009 Scale: 1"=50'