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539669 AT THE RcOUt:ST OF: t;ty qEP?tJ.ff:"rL"/AJI'#] DA1E.:. HOUG. J f pw5414.JI? 5''f! PERMANENT WATERLINE EASEMENT Fee$ BY LATAH COUNTY RC The University of Idaho, by and through its Board of Regents, GRANTOR, own: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, GRANTEE, and its agents and assigns, a non-exclusive permanent easement and right-of-way in which to construct and maintain an underground waterline 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 the Regents of the University of Idaho described in Instrument No. 54208, records of Latah County, situated in the southeast quarter of Section 17, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho. Said easement shown on the attached 'Exhibit A' and being more particularly described as follows: Beginning at the point of intersection of the north right-of-way line of Third Street with the east right-of-way line of Line Street; thence easterly 40.00 feet along said north right-of-way line; thence northwesterly along a straight line to a point on said easterly right-of-way line of Line Street; thence southerly 20.00 feet along said easterly right-of-way line to the point of beginning. Said easement contains 400 square feet, more or less. for the purpose of constructing, operating, maintaining, and repa1nng or replacing underground waterlines and related appurtenances by the City of Moscow or its agents or contractors. The 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 waterline. The 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 waterline (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 acknowledges the existence of a permanent canopy structure over a portion of the above described easement and agrees to protect said structure from damage during waterline construction and maintenance activities. Any damage to said structure caused by GRANTEE shall be repaired at GRANTEE's expense. 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. WATERLINE EASEMENT Page 1 of 2 2()10 ---PAGE BREAK--- It is expressly intended that these burdens and restrictions shall run with the land and shall forever bind the GRANTOR, its heirs and assigns. Dated this ]Qf day of S'et+c<"lAd ber GRANTOR: REGENTS OF THE UNIVERSITY OF IDAHO By:L Lloyd Mues Vice President, Finance and Administration STATE OF IDAHO : ss. County of Latah ) ACKNOWLEDGEMENTS '2010. On this /IJ day of (J t wb , 2010, before me, a Notary Public, personally appeared Lloyd Mues, in hi4official 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. WATERLINE EASEMENT Page 2 of 2 539869 ---PAGE BREAK--- 60' P UJ UJ a: Q Cl) UJ z _J EXISTING WATERLINE - 0 N 539663 SECTION 17, T.39 R.5 S.M. POINT OF BEGINNING EXHIBIT PERMANENT WATERLINE EASEMENT NEW WATERLINE THIRD STREET 55 No Scale PERMANENT WATERLINE EASEMENT UNIVERSITY of IDAHO to CITY of MOSCOW SEPTEMBER 2010