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41t>554 ACKNOWLEDGMENT We, the undersigned Stanley C. Stockwell and Jean Stockwell, husband and wife of Moscow, Latah County, Idaho (hereinafter "Stockwells"), do hereby acknowledge that they have entered into an "Agreement for Exchange of Real Property" (hereinafter the "Agreement") dated June 6, 1995, with the City of Moscow, a municipal corporation of the State ofldaho, (hereinafter the "City"). 1. STOCK WELLS acknowledge that such Agreement, at paragraph IV requires that as partial consideration paid to the CITY and pursuant to such Agreement: "That the STOCKWELLS and/or their successors in interest or assigns shall pay the Local Improvement District #113 assessment of $10,060.00 for the real property described in Exhibit (Exhibit is attached hereto and incorporated by reference) to the City pursuant to the payment schedule authorized by the Moscow City Council pursuant to the enactment of ordinances for creation and assessment of Local Improvement District # 113" 2. STOCKWELLS acknowledge that such Local Improvement District #113 assessment has been paid by the City of Moscow as the previous owner of real property described in Exhibit and that the moneys previously paid by the City shall be refunded to the City. 3. STOCK WELLS further acknowledge that they shall be responsible for the payment of such Local Improvement District #113 assessment according to the payment schedule described in paragraph IV.5. of the Agreement in the same manner as if they had been the owners of the real property described in Exhibit on the date such Local Improvement District # 113 assessment had originally been authorized by the Moscow City Council. 4. STOCKWELLS acknowledge that they shall reimburse the CITY in the amount of $10,060.00 plus interest in the amount of 8.25%, which shall be amortized starting October 1, 1995, over the remainder of the life of the Local Improvement District, approximately nine years. 5. STOCK WELLS further acknowledge that all of the rights and obligations allowed and imposed by Idaho Code section 50-1701, et.seq. shall apply to the property described in Exhibit to the Agreement in the same manner as if they had been the owners of the real property described in Exhibit on the date such Local Improvement District # 113 assessment had originally been authorized by the Moscow City Council. ACKNOWLEDGMENT Page 1 95-82 ---PAGE BREAK--- i/ ACKNOWLEDGMENT STATE OF IDAHO ) ) ss. COUNTYOFLATAH ) t \I Hl"il 416554 J • I, tis day of rk , 1995, before me, a Notary Public in and · for sa1a Stat: appeared Stay Cstockwell and Jean Stockwell, husband and wife, and · # ' acknowledged to me that they executed the foregoing instrument. ' . : • r garyr\pattlid\sr ACKNOWLEDGMENT (XLajCL Notary Public in State of Idaho {'r.hxpt:U-1 Page2 ---PAGE BREAK--- 416SS4 EXHIBIT A parcel of land located in the northwest quarter of the southwest quarter of Section 17, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, said parcel being a portion of the City of Moscow tract as described in Warranty Deed No. 405473 on file with the Recorder's office of said County, and being more particularly described as follows: Beginning at the northwest corner of said northwest quarter of the southwest quarter of Section 17; thence S89°20'34"E 988.40 feet along the north line of said northwest quarter of the southwest quarter; thence SO 1 °08'46"W 184.16 feet to the southwest corner of the Claypool tract as described in Warranty Deed No. 400633 on file with said Recorder's office and shown on Baune & Hodge survey for Bill Patterson, Record of Survey lnst. No.31 0967 also on file with said Recorder's office, and the TRUE POINT OF BEGINNING; thence S86°37'26"E 124.21 feet along the south boundary of said Claypool tract; thence NO 1 °08'46"E 49.82 feet along the east boundary of said Claypool tract to the centerline of an existing 50 foot wide access easement as described in Warranty Deed No. 281680 on file with said Recorder's office; thence S82°02'20"E 159.39 feet along said c¿nterline; thence SOl 008'46"W 158.56 feet parallel with and 60.00 feet westerly from (as measured perpendicularly) the east line of the northwest quarter of the southwest quarter of said Section 17; thence N89°33'06"W 70.19 feet along the proposed northerly right-of-way line of Styner A venue as shown on the construction plans for Styner Avenue L.l.D. No.113 on file with the City of Moscow engineering department to a point 30.00 feet left of centerline station 12+00 as shown on said plans; thence continuing along said right-of-way line 199.70 feet along a curve concave to the north, said curve having a central angle of 0°34'23", a radius of 19968 feet, and a chord bearing N89° l 5'55"W 199.70 feet to a point 30.00 feet left of centerline station 10+00 as shown on said plans; thence continuing along said right-of-way line 12.51 feet along a curve concave to the south, said curve having a central angle of 0°02'09", a radius of 20028.21 feet, and a chord bearing N88°59'48"W 12.51 feet to a point on the east boundary of the Berman tract described in Warranty Deed No. 181819; thence N01°08'46"E 134.81 feet along said east boundary to the TRUE POINT OF BEGINNING. Said parcel contains 43,142 square feet or 0.99 acres, more or less. Reserving therefrom an easement for the purpose of the construction and maintenance of a roadway slope along the north right-of-way line of Styner A venue as shown on the construction plans for Styner Avenue LI.D. No.113 on file with the City of Moscow engineering department and described as follows: Beginning at the northwest corner of the northwest quarter of the southwest quarter of Section 17, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho; thence S89°20'34"E 988.40 feet along the north line of said northwest quarter of the WARRANTY DEED Page 3 ---PAGE BREAK--- southwest quarter; thence SO 1 °08'46"W 297.35 feet to a point on the cast boundary of the Berman tract described in Warranty Deed No. 181819 and the TRUE POINT OF BEGINNING; thence S78°29'l l "E 63.42 feet to a point 40.00 feet left of centerline station 10+50 as shown on said construction plans; thence S89°l5'55"E 99.80 feet to a point 40.00 feet left of centerline station 11+50; thence N79°l l '05"E 50.88 feet to a point 50.00 feet left of centerline station 12+00; thence N87°35'09"E 70.56 feet; thence SOl 008'46"W 23.53 feet parallel with and 60.00 feet westerly from (as measured perpendicularly) the east line of the northwest quarter of the southwest quarter of said Section 17 to the proposed northerly right-of-way line of Styner A venue as shown on said construction plans; thence N89°33'06"W 70.19 feet along said proposed northerly right of-way line to a point 30.00 feet left of centerline station 12+00 as shown on said plans; thence continuing along said right-of-way line 199.70 feet along a curve concave to the north, said curve having a central angle of 0°34'23", a radius of 19968 feet, and a chord bearing N89°15'55"W 199.70 feet to a point 30.00 feet left of centerline station 10+00 as shown on said plans; thence continuing along said right-of-way line 12.51 feet along a curve concave to the south, said curve having a central angle of 0°02'09", a radius of 20028.21 feet, and a chord bearing N88°59'48"W 12.51 feet; thence NOl 008'46"E 21.62 feet along said east line of the Berman tract to the TRUE POINT OF BEGINNING. Said easement contains 4269 square feet, more or less. Also subject to all existing easements and rights-of-way of record or appearing on said tract. dcedsistkwelll\sr WARRANTY DEED 41b554 S!JSI\N PETERSEN LATAH COUNTY RE CORDER FEE$ 1).00 8Y • A AJill p-<-FJLM!o Page 4