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558176 N AT THE REQUEST O F: PERMANENT SEWER EASEMENT 5/JIEA!/Jk:.111/ . 'DX:fE & HOUR • ' ./*gN PETE+, LATflOUNTY FEE$ B The Board of Regents of the University of Idaho, a state educational institution and body politic arid corporate organized and existing under the constitution and laws of the State of Idaho, 875 Perimeter Dr. MS 443168, Moscow, Idaho, 83844-3168 (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 sewers 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 in the south half of the southeast quarter of Section 12, Township 39 North, Range 6 West, and the south half of the southwest quarter of Section 7, Township 39 North, Range 5 West, Boise Meridian, Latah County Idaho, as shown on the attached Exhibit and being more particularly described as follows: Easement Part 1: Commencing at the southwest corner of said Section 7 marked with a brass cap; thence along the west line of said Section, N0°57'16"E 375.36 feet to the TRUE POINT OF BEGINNING; thence leaving said Section 7 and entering said Section 12, N81°29'20"W 96.87 feet; thence N78°08'42"W 492.14 feet; thence N32°32'59"W 212.16 feet; thence N46°14'49"W 354. 72 feet; thence S89°36'42"W 856.96 feet, parallel with and 50 feet distant of the southerly right-of-way line of the former Palouse River Coulee City Railroad; thence S71°09'01"W 111.64 feet to the easterly boundary of the City of Moscow Wastewater Treatment Facilities tract; thence along said boundary, N0°46'42"E 85.37 feet to a point on said southerly railroad right-of-way line; thence along said right-of-way line, N89°36'42"E 981.39 feet; thence leaving said right-of-way line, S46°14'49"E 381.00 feet; thence S32°32'59"E 183.15 feet; thence S78°08'42"E 477.02 feet; thence N56°11 '29"E 5.85 feet; thence N11°11 '29"E 24.29 feet; thence S78°25'52"E 22.00 feet; thence S 11°11 '29"W 27.19 feet; thence S81°29'20"E 63.14 feet to said west line of Section 7; thence continuing S81°29'20"E 387 .64 feet entering said Section 7; thence S86°42'05"E 145.94 feet to a point described as Point A in the description of Easement Part 2 below; thence S0°00'36"E 15.93 feet; thence N90°00'00"E 497.02 feet; thence N18°06'53"E 501.86 feet; thence N55°00'15"E 316.62 feet; thence N64°22"10"E 41.83 feet to a point on said southerly railroad right-of-way line; thence crossing said line and continuing N64°22'1 O"E 85.74 feet; thence N83°00'40"E 41.64 feet; thence S36°32'37"W 35.66 feet to a point on said southerly railroad right-of-way line; thence crossing said line S48°39'28"W 49.99 feet; thence S71°10'56"W 43.54 feet; thence S55°00'15"W 347.24 feet; thence S18°06'53"W 509.20 feet; thence N90°00'0"W 495.97 feet; thence S00°04'38"W 61.16 feet; thence S89°59'51 "W 29.95 feet; thence N00°00'36"W 56.99 feet; thence N86°42'05"W 152.14 feet; thence N81°29'20"W 382.41 feet to the TRUE POINT OF BEGINNING. Said easement contains 4.78 acres more or less. Easement Part 2: Commencing at the southwest corner of said Section 7 marked with a brass cap; thence along the west line of said Section, N0°57' 16"E 375.36 feet to the southerly boundary of 'Part 1' described above; SEWER EASEMENT Page 1of3 ---PAGE BREAK--- thence S81°29'20"E 382.41 feet along said boundary; thence S86°42'05"E 152.14 feet along said boundary to an angle point; thence leaving said boundary N0°00'36"W 60.10 feet to the point referenced as 'Point A' in the description for Part 2 above, and the TRUE POINT OF BEGINNING; thence N86°42'05"W 72.40 feet along the northerly boundary of said 'Part 1 thence leaving said boundary, N71°50'05"E 69.85 feet; thence N56°33'49"E 789.66 feet to an angle point of the northerly boundary of said 'Easement Part thence along said boundary, S18°06'53"W 48.25 feet; thence leaving said boundary, S56°33'49"W 764.60 feet to another point on said northerly boundary; thence along said boundary, N0°00'36"W 6.10 feet to the TRUE POINT OF BEGINNING. Said easement contains 0.56 acres, more or less. for the purpose of constructing, operating, maintaining, and repairing or replacing underground public sewers 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 sewers. 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 sewers (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 /b-1/ii day 2013. GRANTOR: REGENTS OF THE UNIVERSITY OF IDAHO Vice President, Finance and Administration SEWER EASEMENT Page 2 of 3 558176 ---PAGE BREAK--- STATE OF IDAHO ) : SS. County of Latah ) ACKNOWLEDGEMENTS On this I ft; day ot a/.YLL l . 2013, before me, a Notary Public, personally appeared Dr. Ronald E. Smith , iri his official capacity of Vice President for Finance and Administration, 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. SEWER EASEMENT ' Notary Public for the State of ld3h Residing at My Commission Expires: Page 3 of 3 558176 ---PAGE BREAK--- § ¨ -M 00 . . . MAP OF EASEMENT DESCRIPTION FOR SOUTHWEST SEWER TRUNK LINE PHASE Ill LOCATED TOWNSHIP 39 NORTH, RANGE 5 WEST, SECTION 7 AND TOWNSHIP 39 NORTH, RANGE 6 WEST, SECTION 12 B.M. LATAH COUNTY, IDAHO L : : " . . PERMANENT EASEMENT AREA· PART 1 0 NW!;NE ' SW SE - CALCULATED POINT SECTION CORNER PERMANENT EASEMENT LINE - PART 1 PERMANENT EASEMENT LINE - PART 2 CONSTRUCTION EASEMENT LINE - - - ROW ROW---- PROPERTY LINE RIGHT OF WAY SECTION UNE No)5339BS \ - s z 1 © E: 1 ý . \ !j Q - - -Pll. 'Bi' 3 N0-46' 42'E , • . . 24f=::; 1 85.3T • · ¤ i / :ii i I! 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