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Arter Recording, Mail ·1·0: Union Pacific Railroad Company Attn: Madeline Roebke, Attorney 1400 Douglas Street, Mail Stop 1580 Omaha, Nebraska 68179 (J.l · ·Ne 9.t t18. HENRIANNE WESTBERG l.ATAHCOU FEES fi (Space Above Reserved for County Recorder's Use) EASEMENT DEED THIS Easement Deed is made this 2 \ day of fVvM..-cA . , 2016, between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Grantor"), and CITY OF MOSCOW, IDAHO, an Idaho political subdivision ("Grantee") whose mailing address is P.O. Box 9203, Moscow, Idaho 83843 . . Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, to it paid by Grantee, the receipt whereof is hereby confessed and acknowledged, grants to Grantee, its successors and assigns, a NONEXCLUSIVE EASEMENT ("Easement"), for the sole purpose of constructing, using, maintaining, repairing, renewing and reconstructing an underground sanitary sewer line located on adjacent property ("Sanitary Sewer Line") on, along and across the property in Latah County, State of Idaho, described in Exhibit A, attached and by reference made a part of this Easement Deed (the "Easement Area"), together with the right of ingress and egress to and from the Easement Area for the purpose of exercising the rights herein granted. The Easement is granted for the purpose described above only. Without limitation of the foregoing, this grant does not include the right to install utilities of any nature, including, without limitation, fiber optic, cable television, electrical, gas or liquid distribution, or telephone lines. Grantor, its successors and assigns, reserves the right to construct at any and all times and to maintain railroad tracks and appmienances, fiber optic or signal lines and facilities, pipe, telephone, and electric pole and wire lines, over, under and across the Easement Area, but in such a way as to not interfere with Grantee's use of the Easement; it being understood that the rights so reserved by Grantor, its successors and assigns, are retained along with the general right of Grantor, its successors and assigns, to use of the Easement Area for any purpose not inconsistent with Grantee's use of the Easement, including, but not limited to any and all general railroad purposes. 4835-7538-4874.4 ---PAGE BREAK--- The Easement is granted subject to all outstanding leases, licenses and other outstanding rights, including,. without limitation, those for pipe, telephone, electric and fiber optic lines and the right of renewals and extensions of the same, and subject also to all conditions, limitations, restrictions, encumbrances, reservations or interests of any person that may affect the Easement Area, whether recorded or unrecorded. The Easement is also limited to such rights as Grantor may have in the Easement Area and is granted without warranty, express or implied. No damages shall be recoverable from Grantor because of any dispossession of Grantee or because of failure of, or defect in, Grantor's title. Grantee shall use, maintain and repair the Easement Area in good condition and repair so that no damage will result from its use of the Easement Area or to the adjacent land of Grantor, its successors and assigns. Grantee shall also use, maintain and repair the Easement Area in such manner not to cause any interference with Grantor's tracks and appmienances or rail operations, or the facilities or access rights of utility companies or other occupants of the Easement Area. To the extent it may lawfully do so, Grantee shall indemnify, defend, and hold harmless Grantor and its affiliates, its and their officers, agents, employees, successors or assigns (the "Indernnitees"), against and from any and all liability (including, without limitation, strict, consequential or punitive damages), claims, demands, actions, causes of action, costs and expenses of whatsoever nature including, without limitation, court costs and attorneys' fees, which may result from personal injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such personal injury, death, loss, destruction or damage, howsoever caused, grows out of or arises from the exercise by Grantee of any of the easement rights herein granted, except to the extent caused by the sole active negligence of the Indemnitees. The term "affiliate" (or "affiliates" as the case may be) as used in this Easement Deed means any corporation which directly or indirectly controls, or is controlled by, or is under common control with Grantor. If Grantee, its successors or assigns, abandons the Easement Area or any p01iion of the Easement Area, for the purposes of the Easement, the Easement will cease and terminate with respect to the portion of the Easement Area so abandoned, and the title to the Easement Area will be freed from the burden of the Easement. Nonuse of the Easement Area or any portion thereof, forthe purposes of the Easement for the period of one year will be deemed an abandonment of the Easement Area or portion thereof not used. 2 4835-7538-4874.4 ---PAGE BREAK--- 5?7735 Granter and Grantee have caused this Easement Deed to be executed as of the date first herein written. Attest: (Seal) Attest: (Seal) 4835-7538-4874.4 UNION PACIFIC RAILROAD COMPANY, a Delaware corporation By: - - _ Title: Assisal Estate 3 ---PAGE BREAK--- ACKNOWLEDGMENT STATEOF NEBRASKA ) ) SS. COUNTY OF DOUGLAS ) On 11, 2016, before me, :5..t'0 r1 mncINotary Public in County and State, personally appeared Ot.ll