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PERMANENT EASEMENT II· 7-IP 5ft, /bu FEES BY. HENRIANNE K. WESTBERG lATAH COUN TY OE The Board of Regents of the University of Idaho, a state educational institution and body Ar-- politic and corporate organized and existing under the constitution and laws of the State of Idaho, 875 Perimeter Dr. MS 443162, Moscow, Idaho, 83844-3162 (hereinafter "GRANTOR"}, owner of real property affected hereby, for value received, does hereby grant the CITY OF MOSCOW, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho 83843 (hereinafter "GRANTEE"}, and its agents and assigns, a non-exclusive permanent easement in which to construct and maintain the Taylor Avenue Booster Station, including the right to enter upon, occupy and use property all as described herein and as shown on the attached Exhibit Easement Parcel consists of real property to be utilized for the construction, operation, maintenance, repair, replacement and removal of a building, equipment and related appurtenances for Grantee's municipal water system. Said parcel is located in part of Lots 4 and 5 of Deakin's Fourth Addition to Moscow, according to the recorded plat thereof (recorded in Book 3, Page 40 of the Latah County land records}, said Lots being located in the Southwest Y.t of the Northeast Y.t of Section 18, Township 39 North, Range 5 West, Boise Meridian, Latah County, State of Idaho, said Easement Parcel being more particularly described as follows: Commencing at a found Brass Cap monument marking the South X corner of said Section 18; thence North 00°09'15" East, along the North/South center line of said Section 18, a distance of 2624.48 feet to a found 5/8" diameter rebar with a 2" diameter aluminum cap monument marking the Center X corner of said Section 18; thence North 00°09'15" East, along the North/South center line of said Section 18, a distance of 30.04 feet to the North right of way of Taylor Avenue; thence North 87°01'19" East, following along the North right of way of Taylor Avenue, a distance of 62.04 feet to a point in a sidewalk and the TRUE POINT OF BEGINNING; thence North 87°01 '19" East, following along the North right of way of Taylor Avenue, a distance of 62.08 feet to a point in a sidewalk and the Southeast corner of this parcel; thence, leaving the North right of way of Taylor Avenue, North a distance of 7.46 feet to a set 5/8" diameter by 30" long rebar with A PLS 9165 plastic cap marking a reference point on the East boundary of this parcel; thence North a distance of 49.27 feet to a set 5/8" diameter by 30" long rebar with A PLS 9165 plastic cap marking the Northeast corner of this parcel; thence West a distance of 43.82 feet to a set 5/8" diameter by 30" long rebar with A PLS 9165 plastic cap marking an angle point along the North boundary of this parcel; thence South 54 °59'42" West a distance of 22.19 feet to a set 5/8" diameter by 30" long rebar with A PLS 9165 plastic cap marking an angle point along the West boundary of this parcel; thence South a distance of 44. 73 feet to a set 5/8" diameter by 30" long rebar with a PLS 9165 plastic cap marking a reference point on the West boundary of this parcel; thence South a distance of 2.5 feet to a point in a sidewalk located along the North Boundary of Taylor Avenue and the TRUE POINT OF BEGINNING. Containing 3,502 square feet, more or less and subject to any easements, recorded, unrecorded, written or unwritten. TAYLOR AVENUE BOOSTER STATION EASEMENT Page 1 of 3 ---PAGE BREAK--- 582186 FURTHERMORE, GRANTOR hereby grants unto Grantee, its agents and assigns a license ("License") upon, over, and across that certain real property shown on Exhibit ("License Property") for the purpose of ingress and egress during the construction of Taylor Avenue Booster Station by Grantee, its agents or contractors. Grantee, its agents or contractors, shall have the right of access over, across, and upon License Property during construction, but License Property shall not be utilized for the construction or placement of any permanent improvements by Grantee. The License Property utilized during construction shall be restored by Grantee to a condition similar to that of Grantee's adjoining property upon completion of construction of the Taylor Avenue Booster Station. Said License shall expire upon the completion of construction in the adjoining Easement Parcel and upon completion of the grounds restoration required as a term of this Permanent Easement which shall be completed by no later than May 31, 2018, or as otherwise agreed to in writing by both parties. GRANTOR, its successors and assigns, reserves the right to improve said Easement Parcel as long as such improvement shall not unreasonably interfere with the construction, operation, maintenance, repair and/or reconstruction of the Taylor Avenue Booster Station. 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 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 booster station (including, but not limited thereto, the right to make necessary repairs, alterations, and removals or replacement thereof). Upon exercising these rights, GRANTEE shall maintain and keep clean the improvements and grounds with the Easement Parcel for so long as Grantee exercises these easement rights. GRANTEE shall to the extent permitted by law, indemnify, defend, and save Granter, its successors, assigns, and agents harmless from any and all claims, liabilities, losses, costs charges, or expenses which Granter may incur as a result of any act or omission of the Grantee in its use of the Easement Parcel under this Grant or Grantee's use of its license to enter upon Grantor's property adjacent to the Easement Parcel. 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 GRANTOR, its heirs and assigns. Dated this _ _ day of TAYLOR AVENUE BOOSTER STATION EASEMENT I 2016. Page 2 of 3 ---PAGE BREAK--- 8i82186 GRANTOR: BOARD OF REGENTS OF THE UNIVERSITY OF IDAHO Daniel R. Ewart Vice President for Infrastructure STATE OF IDAHO : SS. County of Latah ) On this day of t'.J , 2016, before me, a Notary Public, personally appeared Daniel R. Ewart, in his official capacity of Vice President for Infrastructure, and agent for the University of Idaho Board of Regents, known to me to be the person named above, and acknowledged to me that he executed the foregoing document. ATT TAYLOR AVENUE BOOSTER STATION EASEMENT Notary Public for the State of11 1 ho Residing at -/?1CJJ(l}U/ v, My Commission Expires: Page 3 of 3 ---PAGE BREAK--- I EXHIBIT I Block 2 of Deakins Fourth Addition j to the City of Moscow License Property Permanent Easement l 0 0 I I I I 5 8 2 l 8 f) I 12.5, Taylor Avenue Booster Station .ri.167 · · = t · -r · - · l 1.0'- 1r o . OJ C0I( 3·4 U)I o(:)5 , . 43 82' )be.. . 1.0' -E , "(47 I " I .c M I :5 M o co 11" 2.Z' 1- . B I Cf) LO 1' 61 .22' z & 62.04' UJ N87"01 '19"E - Lo g; • Q) oo b Found Monument S87°01'19"EW I 62.08' TRUE POINT OF BEGINNING - - NB8" 06 ' 50" Southeast Corner or the w > 0 % z w Northwest 1 /4 of Section 18, T.39N., R.5W., B.M. PERMANENT EASEMENT UNIVERSITY OF IDAHO TO THE CITY OF MOSCOW OCTOBER, 2016 UNIVERSITY OF IDAHO TAYLOR AVENUE - - SCALE: 1 "=40'