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~1 8 4 ti J AT ThE REOUES"f OF Ctrv .ff" />1{1.(t?w Di\l E HOU _3 HEN'11 t Ni.: WEST~G PERMANENT PUBLIC UTILITIES EASEMENT FECS The Board of Regents of the University of Idaho, a state educational institution, and a body politic and corporate organized and existing under the constitution and laws of the State of Idaho, 875 Perimeter MS3162, Moscow, Idaho, 83844 (hereinafter "GRANTOR"), owner of real property affected hereby, for value received, do 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 and right-of-way in which to construct and maintain public utilities and related appurtenances, including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: An easement situated upon that parcel of land owned by said Board of Regents of the University of Idaho described in Warranty Deed No.547160, Latah County records, situated in the southeast quarter of Section 12, Township 39 North, Range 6 West, Boise Meridian, Latah County, Idaho. Said easement shown on the attached 'Exhibits A and B' and being more particularly described as follows: COMMENCING at the northwest corner of the southeast quarter of Section 12, said point being marked with a 5/8 inch diameter rebar with yellow plastic cap marked PE/LS 1768; thence along the west line thereof, S 01°07'1 O" W, 229.38 feet to the POINT OF BEGINNING: Thence continuing along said west line, S 01°07'10" W 109.40 feet; Thence along a non-tangent curve to the left, said curve being an extension of Curve 4 of the Partial Replat of Hatley Addition, having an arc length of 25.56 feet, a radius of 345.00 feet, the long chord of which bears N 52°36'38" E, 25.55 feet to the east line of a private road; Thence along said east line and parallel with the west line of the southeast quarter of Section 12, N 01°07'10" E 121.28 feet; Thence along a non-tangent curve to the right, said curve being an extension of Curve 3 of the Partial Replat of Hatley Addition, having an arc length of 34.26 feet, a radius of 265.00 feet, the long chord of which bears S 36°51'11" W, 34.24 feet to the POINT OF BEGINNING. Containing 2298 square feet or 0.053 acres, more or less. Together with the following: Commencing at the northwest corner of the southeast quarter of said Section 12, said point being marked with a 5/8 inch diameter rebar with yellow plastic cap marked PE/LS 1768; thence along the west line of said southeast quarter, S01°07'10"W, 338.78 feet to the POINT OF BEGINNING: Thence northeasterly along a non-tangent curve to the left, said curve being an extension of Curve 4 of the Partial Replat of Hatley Addition, having a delta angle of 04°14'41", an arc length of 25.56 feet, a radius of 345.00 feet, and the long chord of which bears N52°36'38"E, 25.55 feet to the east line of the University of Idaho parcel described in Warranty Deed No.547160; PUBLIC UTILITIES EASEMENT Page 1of3 ---PAGE BREAK--- Thence along said east line, S01°07'10"W, 1070.69 feet to the north right-of- way line of State Highway 8, per Right of Way Deed, Instrument No. 339322, Latah County records; Thence along said north line, S85°08'03"W, 20.11 feet to said west line of the southeast quarter of Section 12; Thence along said west line, N01°07'10"E, 1056.87 feet to the POINT OF BEGINNING. Containing 0.488 acres, more or less for the purpose of constructing, operating, maintaining, and repairing or replacing public utilities and related appurtenances by the City of Moscow or its agents or contractors. 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 utilities. 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 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. 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 61._ 1 day of 2017. GRANTOR: REGENTS OF THE UNIVERSITY OF IDAHO ~/ff~ Daniel R. Ewart Vice President for Infrastructure - University of Idaho PUBLIC UTILITIES EASEMENT Page 2 of 3 ---PAGE BREAK--- 5842 63 ACKNOWLEDGEMENTS STATE OF IDAHO : SS. County of Latah ) On this J day of '/11Mr/L , 2017, 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. PUBLIC UTILITIES EASEMENT Page 3 of 3 ---PAGE BREAK--- 1 , 1· 8ALOUSE I T rn.i;8L H ~ot PRC:fP'ERTIES; ' LLC. ~I 1 I Wk\L.-MAIH REAL ESTATE BUS TRUSil' U-HAUL CITY OF MOSCOW ENGINEERING DEPARTMENT MOSCOW, IDAHO 00 P.0 N ~ N ~ b w ~ en 0 0 ~ ~ I 0 s 0 ~ b 0 ~ z 0 0 ~ 0 en ARC 1_;uRD CORD CURVE RADIUS LENGTH LENGTH BEARING DELTA C1 2.65' 34.2.6' 34.24' S36"51 '11' W 7"24'28" C2 345' 25.56' 25.55' N52"36'38'E 4"14'41" NOTE: EXHIBIT DIMENSIONS BASED ON RECORD OF SURVEY N0.546865 DATE! JANUARY 26, 2Dl?MONTGOMARY RD. EASEMENT DRAWN BY: e. eUVEL Proposed 20' Easement Area Parcel Boundary Subject Easement Area ---PAGE BREAK--- 114 r.oRNERAI 5/Sy,·REBAR - ~I PALOUSE ccil ' rlEALTH . PRC>PERTIES, I I LLC. ~ . I 0 0 0 --1'-HAUL CITY OF MOSCOW ENGINEERING DEPARTMENT MOSCOW, IDAHO UNIVERSITY OF IDAHO P.E.M. MANAGEMENT, LLC DATE: co c.o c.o 0 LO 0 0 w s 0 0 0 0 0 0 ARC CURVE RADIUS LENGTH C2 345' 25.56' LINE BEARING DISTANCE L1 S85"08'03"W 20.11 ' c.o c.o 0 LO 0 0 w s b 0 0 0 0 0 0 0 z Cf) L1 CORD BEARING N52."36'38'E DELTA 4' 14'41" NOTE: EXHIBIT DIMENSIONS BASED ON RECORD OF SURVEY N0.546865 JANUARY 26 , 201 7 M ONTGOMARY RD. Proposed 20' Easement Area Parcel Boundary EASEMENT DRAWN SY: B. BUVEL Subject Easement Area