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-6/\iE & I . Jl:- SUS.\r.J l'i.:.T::l!SEN AGREEMENT OF TERMS AND CONDITIONS LAT(Y, COUNTY RECORDER FOR RIGHT-OF-WAY TO ENCROACH UPON CITY OF MOS IDAHO 8 RIGHT OF WAY /t/f!f.f"!B /"tf This agreement entered into thed day of May , 2008, by and between the City of Moscow, a Municipal Corporation of Idaho, herein and after referred to as the "CITY", and Casey and Amber Anderson, herein and after referred to as the "OWNERS", owners of property located at 807 North Meadow Street , Moscow, Idaho; OWNERS Mailing Address: 807 N Meadow Street. Moscow, Idaho PROPERTY ADDRESS where encroachment is located: 807 N Meadow Street. Moscow, Idaho WRITTEN detailed description and location of encroachment: Fence will be located 1 foot behind back of walk and will encroach 1.5 foot into Street right-of-way, there will be no encroachment on Meadow Street. 1. The OWNERS hereby assume all liability for the encroachment and shall hold the CITY harmless and defend any claim against the CITY related to said encroachment. 2. CITY may cause said encroachment to be removed at OWNERS' expense from the City right-of-way by requesting that the OWNERS remove said encroachment within ninety (90) days of receipt of written notice. • 3. Should the OWNERS fail to remove said encroachment within ninety (90) days of receipt of said written notice, the CITY may cause said encroachment to be removed without further notice to the OWNERS and the OWNERS shall be responsible for all expenses incurred by the CITY in removing said encroachment, including court costs and reasonable attorney's fees. This Encroachment Agreement shall forever run with the land and shall be in full force and effect for so long as said encroachment remains upon City right-of-way. Casey and Amber Anderson Encroachment Agreement 5/23/2008 Page 1 ---PAGE BREAK--- IN WITNESS WHEREOF, the OWNERS and the CITY, by and through its Mayor and City Clerk, have caused this agreement to be executed on the day of ' 2008. STATE OF I I )SS County of ) ) Clk · \ City Engineer On this day of , 2008, before me a Notary Public in and for said State, appeared 6t&iy {/mj;..ey ahJrsoo and , known to me to be the persons described in the above document and acknowledged to me that they are authorized representatives of the OWNERS and that they executed the foregoing agreement. Casey and Amber Anderson Encroachment Agreement 5/23/2008 Page 2