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445745 PERMANENT UNDERGROUND UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that CNL APF PARTNERS LP, whose current address is 400 East South Street, Suite 500, Orlando, FL 32801 (GRANTORS) owners of real property affected hereby, in consideration of one dollar and other valuable consideration in hand paid, do 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 permanent easement and right-of-way in which to construct and maintain underground utilities including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: An easement located within Lot 5, of the Replat of Block 2 of the Partial Replat of Hatley Addition to the City of Moscow, Instrument Number 427923 on file with the Recorder's office of said County, and more particularly described as follows: Beginning at the northeast corner of said Lot 5; thence S0°10'28"E, 0.59 feet, along the east boundary of said Lot 5; thence S89°49'32"W, 4.08 feet; thence S44°49'32'W, 15.69 feet; thence S89°49'32"W, 16.01 feet; thence N0°10'28'W, 11.15 feet; thence N88°51'00"E 31.19 feet to the point of beginning. Said easement contains 249 square feet, more or less. For the purpose of constructing, operating, maintaining, and repa1nng or replacing underground utilities by the City of Moscow or its agents or contractors or franchised utility companies. 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 utilities. 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. 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 utilities (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 or 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 is expressly intended that these burdens and restrictions shall run with the land and shall forever bind the GRANTORS, their heirs and assigns. ---PAGE BREAK--- 445745 IN WITNESS WHEREOF, they have hereunto set their hand and seal this / / 'f{lday of all{f&r- . 19ji. STATE OF COUNTY OF dJl ) )ss ) On this /{th day of , 19 1'f, before me, a Notary Public of the State of P/ 0(1 ·Jin}=- , personally appeared Lurhs B. t li1·0J'X\SJ Ptevwown to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same on behalf and with the authority of CNL APF Partners, LP. i"b Joanne E Ball *My Commission CC64e380 Expires May 12, 2001 ission expires:------ ---PAGE BREAK--- . . . UNDERGROUND UTILITY EASEMENT Lot 5 of the Replat of Block 2 of Partial Replat of Hatley Addition SCALE: I" =10' CITY OF MOSCOW, IDAHO JULY22,1999 LOT4 OWNER: SLL PROPERTIES, LLC LOTS OWNER: CNL APF PARTNERS, LP ADJOINING EASEMENT FROM LOT 4 S89.49'32"W 4.08' 445745 w > 0 f w z z 0 co 3: