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Project No. STP-M-7564(004) Key No. 03546 Parcel No. 21 Parcel ID. No.03546L21 PERMANENT EASEMENT KDA INVESTMENTS, L.L.C., GRANTOR, owner 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 permanent easement and right-of-way including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: An easement consisting of a portion of the Northeast Quarter of the Southwest Quarter of Section 7, Township 39 North, Range 5 West, Boise Meridian, City of Moscow, Latah County, Idaho, more pmticularl y described on Exhibit attached hereto and incorporated herein by reference. Said easement contains 508 square feet, more or less. for the purpose of constructing, operating, maintaining, repair or reconstruction of public utilities by the City of Moscow, its agents, or franchise utility companies. 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, or reconstruction of said 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 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. 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 GRANTOR AND GRANTEE, their heirs and assigns until such time this Easement is vacated by GRANTEE. IN WITNESS WHEREOF, GRANTOR has hereunto set its hand and seal this 0 day of 2012. PERMANENT EASEMENT Page 1 of 3 ZOIZ·/5" ---PAGE BREAK--- GRANTOR: KDA INVESTMENTS, L.L.C. By: Title: 0 U) i} State of - County of ACKNOWLEDGEMENTS 5523SO On this d-1 day of 'zrz=: , 2012, before me, the undersigned, a Notary Public, in and for said State, personally ap red ""--Oan&ld( IC tre.l , known to me, and/or identified to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same as the duly authorized representative of KDA INVESTMENTS, L.L.C.. PERMANENT EASEMENT Page 2 of 3 ---PAGE BREAK--- EXHIBIT Project No. STP-M-7564 (004) Key No. 03546 Parcel 21 03546L21 Prepared: February 12, 2009 Permanent Easement 552JSO That portion of the Northeast Quarter of the Southwest Quarter of Section 7, Township 39 North, Range 5 West, Boise Meridian, City of Moscow, Latah County, Idaho described as follows: COMMENCING at the South Quarter corner for said Section 7 said point being a 5/8" X 30" rebar with a 2" aluminum cap marked as shown on a Corner Perpetuation and filing recorded under instrument No. 393941; Thence North 0 I oo 1 ' 1 6" East along the North-South Mid-Section line, a distance of 1747.62 feet to Street centerline at station 18+88.50; Thence North 89°22'29" West along the centerline of said Street, a distance of 246.21 feet to centerline station 16+42.29 Street; Thence South 00°37'31" West, a distance of 30.00 feet to Northeast corner of a parcel of land described in a Warranty Deed recorded under instrument No. 398810 also taken to be the Northwest corner of a parcel of land described in a Quit Claim Deed recorded under instrument No. 502240 on the South right of way of said Street 30.00 feet right of centerline Station 1 6+42.29 said point also being the TRUE POINT OF BEGINNING; Thence South 89°22'29" East along said right of way and being parallel with and 30.00 feet distant from said centerline, a distance of 1 1 3.00 feet to the Northeast corner of said Quit Claim Deed recorded under instrument No. 502240 and the Northwest corner of a parcel of land described in Community Property Survivorship Agreement recorded under instrument No. 44938 I, said point also being 30.00 feet right of centerline Station 17+55.29 of said Street; Thence South 01 oo 1' 1 6" West along the West and East lines of said parcels, a distance of 4.50 feet; Thence Notth 89°22'29" West parallel with and 4.50 feet distant from said South right of way, a distance of I 1 3.00 feet to the West line of said parcel described in Quit Claim Deed recorded under instrument No. 502240; Thence North 01°01'16" East along said West line, a distance of 4.50 feet to the TRUE POINT OF BEGINNING. CONTAINING: 508 square feet or 0.012 acres more or less. PERMANENT EASEMENT Page 3 of 3