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409554 ENCROACHMENT AGREEMENT This agreement entered into the 21st day of November , 19 94, by and between the City of Moscow, a Municipal Corporation of Idaho, herein and after referred to as the 'CITY' and Dale and Juanita Allen, husband and wife, herein and after referred to as the 'OWNERS', owners of property located at 767 Brent Drive, Moscow, Idaho; WITNESSETH: WHEREAS, the CITY is the owner of a 50 foot wide right of-way located adjacent to premises at 767 Brent Drive, Moscow, Idaho; and, WHEREAS, the OWNERS own the premises described at the above address; and, WHEREAS, the OWNERS desire to encroach upon a portion of the presently unused City right-of-way through construction of a fence; and, WHEREAS, the CITY is willing to permit encroachment under the terms of this agreement. such NOW, THEREFORE, the CITY and the OWNERS hereby agree as follows: 1. The CITY will permit the OWNERS to construct the following described fence which will encroach upon City right-of-way in the manner described below: A four foot high chain link fence extending from OWNERS' property line to the existing curb. 2. The OWNERS hereby assume all liability for the fence and shall hold the CITY harmless and defend any claim against the CITY related to said fence. 3. The CITY may cause said fence 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. 4. Should the OWNERS fail to remove said fence within ninety (90) days of receipt of said written notice, the CITY may cause said fence 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 fence, 94-80 ---PAGE BREAK--- 409SS4 including court costs and reasonable attorney's fees. 6. For the purpose of this agreement, the addresses of the parties shall be as follows: City of Moscow P. O. Box 9203 Moscow, ID 83843 OWNERS: Dale & Juanita Allen 767 Brent Drive Moscow, ID 83843 This agreement shall be in full force and effect for so long as said encroachment remains upon City right-of-way. 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 2..L day of November , 19 94. OWNER: an1ta Allen OWNER: Dale Allen CITY: ATTEST: Elaine Russ 11, C1ty Clerk ---PAGE BREAK--- STATE OF County of ss 409554 On this AifIday of 19 before me a Notary Public in and for said State, appeared Juanita Allen, and me that she executed the foregoing - I - ' . = . : v: B tl' f. 8 Y r • . "v . t 0 F \ v STATE OF H County of ss Notary P and for State of On this LG day ofl , 19&7( before me a Notary Public in and for sa State, appeared Dale Allen, and acA!\FEmeft. to me that he executed the foregoing agreement. , os v ^ooocoo0 J' , (l'jll'".) P.:-0 F . . % l1 .:Jt; J !0 r t E - r = ' L tl' 8 0Z Y QOO "OG G, , 4r ••oKo•o "C t OF \D MN STATE OF QRSD TU· VC County of ss Notary Pu J nd for State of On this /;)Jt day of before me a Notary Public in and for said State , appeared Paul C. Agidius and Elaine Russell, known to me to be the Mayor and City Clerk of the City of Moscow and acknowledged to me that they executed the foregoing agreement. {ZJ'_La- Notary Public in and for State of OP = cf/d'l7