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TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that Moscow School District No. 281, GRANTOR, 650 North Cleveland, Moscow, Idaho 83843, for and in consideration of one dollar and other valuable consideration in hand paid, does hereby grant the City of Moscow, Idaho, GRANTEE, 206 East Third Street, Moscow, Idaho 83843, a temporary construction easement and the right to go upon, occupy and use property located at the northeast corner of the intersection of Mountain View Road and Joseph Street in the City of Moscow, Latah County, Idaho, as shown on attached Exhibit and more particularly described as follows A temporary easement comprising the entire Moscow School District No. 281 parcel located in Section 16, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, and shown on Record of Survey No. 394997 on file with the Latah County Recorder's office. Said easement contains 25. 19 acres. for the purpose of constructing public improvements relating to the construction of a dirt berm and use of the above-described property for ingress and egress and as a staging area for construction and related equipment in the City of Moscow, Latah County, Idaho by the City of Moscow or its agents or contractors according to the following conditions I. GRANTEE agrees to return this area to the pre-construction condition at GRANTEE'S expense. 2. GRANTEE shall indemnify and save GRANTOR, its agents, and employees harmless from any and all claims, liabilities, losses, costs, charges or expenses to which GRANTOR may be put by reason of any negligent act or omission of GRANTEE on account of use of the temporary easement If any action, claim or demand is made against GRANTOR for any negligent act or omission of the GRANTEE, GRANTEE agrees to assume the expense and shall pay all costs, charges, attorney fees, settlements, judgments or other expenses incurred by or obtained against GRANTOR 3. This easement shall expire at the completion of the proposed project described herein. GRANTEE is granted the aforementioned rights, together with the rights and privileges of ingress and egress to and from any property for said purposes. IN WITNESS WHEREOF, GRANTOR has hereunto set its hand and seal this day of '$f\fP , 1998. MOSCOW SCHOOL NO. ---PAGE BREAK--- State ofldaho ) ) ss. County of Latah ) ACKNOWLEDGMENT On this day personally appeared before me Karen Falke, School Board President, an authorized agent of Moscow School District No. 281, known to me to be the person described in the foregoing instrument and acknowledged that she is duly authorized to bind Moscow School District No. 281 and that she executed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day 1998. Easement\School District 281 Temporary\sr . ' I {\(t(tl j I (!;LU li ll Notary Public in and for the State of 1 t\f'lrl( Residing at LJCt( t My Commission Expires { 2 { 21J: ' 1 ---PAGE BREAK--- 1111.70' ' ' I ' 36.79' ' 35' r ' ' I E X H I 8 I T V : Permanent Easement 0.90ac. v-1055.27' School Dist. #281 Property g I 5 j ' ' ' 47' / Temporary Easement j 25.19 ac. I so· JOSEPH STREET Citv of Moscow Enalneerina Department 9/07/98 watease.dwg t N I NOT TO SCALE ---PAGE BREAK--- 438555 PERMANENT EASEMENT KNOW ALL MEN BY THESE PRESENTS, that MOSCOW SCHOOL DISTRICT NO. 281, GRANTOR in consideration of one dollar and of the work to be performed, does hereby grant the CITY OF MOSCOW, IDAHO, GRANTEE, 206 East Third Street, Moscow, Idaho 83843, and its successors and assigns, a permanent easement and the right to go upon, occupy and use property located at the northeast comer of the intersection of Mountain View Road and Joseph Street in the City of Moscow, Latah County, Idaho, as shown on attached Exhibit and more particularly described as follows: An easement contained within the Moscow School District No. 28 I parcel located in Section 16, Township 39 North, Range 5 West, Boise Meridian, Latah Idaho, and shown on Record of Survey No. 394997 on file with the Latah County Recorder's office. Said easement being more particularly described as follows: Beginning at the northwest corner of said Section 16; thence S0°53'21 "W 251.16 feet along the west line of said Section 16; thence S89°06'39"E 40.00 feet, perpendicular to said west line to the northwest corner of said School District parcel, said corner being a point on the easterly right-of way line of Mountain View Road and the TRUE POINT OF BEGINNING; thence S0°53'21 "W 111 1.70 feet along said easterly right of-way line to the southwest corner of said School District parcel, and the northerly right-of-way line of Joseph Street; thence S89°44'39"E 50.00 feet along said northerly right-of-way line; thence leaving said right-of way line Nl7°43'06"W 47.00 feet; thence N00°53'21 "E 1055.27 feet, parallel with and 35.00 feet distant from the easterly right-of-way line of Mountain View Road, to the northerly boundary of said School District parcel; thence N71°10'17"W 36.79 feet, along said boundary to the TRUE POINT OF BEGINNING Said easement contains 39,040 square feet, or 0.90 acres. for the purpose of constructing, operating, maintaining, repairing and/or replacing a storm water drainage swale and twelve-inch water main by GRANTEE or its agents or contractors or franchised utility companies. GRANTOR 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 storm water drainage swale and twelve inch water main. GRANTOR agrees that it and its 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 or replacement it may deem necessary or wish to exercise in connection PERMANENT EASEMENt Page I ---PAGE BREAK--- 438555 with the aforesaid storm water drainage swale and twelve-inch water main (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 GRANTOR for any damages suffered by GRANTOR GRANTEE is granted the aforementioned rights, together with the rights and privileges of ingress and egress to and from any property for said purposes. It is expressly intended that these burdens and restrictions shall run with the land and shall forever bind GRANTOR and its assigns. --IN WITNEJS WHEREOF, they have hereunto set their hand and seal this 'JO day of -:tfrb0 1998. State ofldaho ) ) SS. County of Latah ) GRANTOR: MOSCOW SCHOOL DISTRICT NO. 281 ACKNOWLEDGMENT On this day personally appeared before me Karen Falke, School Board President, an authorized agent of Moscow School District No. 281, known to me to be the person described in the foregoing instrument and acknowledged that she is duly authorized to bind Moscow School District No. 281 and that she executed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 3D day of \f.ptQf\UJLl'-¦, , 1998. Easement\School District 281 Permanent\sr PERMANENT EASEMENT ·u L · o §ry Public i?1and for the ate of JlYit/D at 01;/ il;tt/ L/ My Commission Expires flt{ jL.w cj Page 2 ---PAGE BREAK--- 1111.70' ' 36.79' ' r-35' E X H I B I T A V : Pennanent Easement 0.90ac. 47' School Dist. #281 Property / Temporary Eesement _j 25.19 ac. t N I NOT TO SCALE ; 50' L_ _ JOSEPH STREET City of Moscow Engineering Department 438555 s N LATAH CCUNTY RECORDER ;t:co FEE$ BY • / r'\Q . 9/07/98 .411' watease.dwg_ f/L/1//t;D