Full Text
ENCROACHMENT AGREEMENT ' This agreement entered into the ay of "_Ln.e_ , 199e, by and between the City of Moscow, a Mu[JiciKl Co!Poration of Idaho, herein and after referred to as the "CITY," and Oa.,AAII · ft,wz.v , hCoAseand and wife, herein and after referred to as the "0 NER$," owners of property located at lOCo E. :tf. , Moscow, Idaho; WITNESSETH: WHEREAS, the CITY is the owner of a /!50 foot wide right-of-way located adjacent to premises at l 0 I o E . 'D ' S:f , 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 F.env>OL ('2.1 {'v1o -Je&. t;(#R·ot:WCJ 2. 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. 3. The 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. 4. 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 98-21 ---PAGE BREAK--- expenses incurred by the CITY in removing said encroachment, including courts 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, 10 83843 OWNERS: loro Sf Mo= ' 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 l Mayor and City Clerk, have caused this agreement to be executed on the 2:3.:'01 day of t\ , 1997. g Ele Russel, L ity Clerk 6 !vi 0\tCS v OWNER: OWNER: CITY: ---PAGE BREAK--- , IA STATE OF Ld Ct.Jl0 County of loAuJ ) )ss ) t) r?(d Y. On thisM) day of , J 99-T, before me a Notary Public in and for said State, appeared B1, I I , and acknowledged to me that she executed the foregoing agree ent. ---PAGE BREAK--- A L L E y \ \ Street (Jrass Strip 4YY J i i s d i e Grass d u 43'6" Yard e a w l a k I k Sidewalk Roseua/Ylen Grass House Sidewalk Grass Yard Neighbor's House and Yard 1010 East Street I I I I I I I I I I / I I I I s I I I Back Yard I I E w I Garag I N I I I I J Key: Existing Fence Proposed Fence (Proposed Fence will have Gates on both Sidewalk entrances to yard. Fence is brand new and is 42" in height)