Full Text
ENCROACHMENT AGREEMENT 410 SOUTH POLK STREET, MOSCOW, IDAHO THIS ENCROACHMENT AGREEMENT 410 SOUTH POLK STREET, MOSCOW, IDAHO (hereinafter "Agreement"), by and between City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"), and Glen A. Murray and Iris C. Murray, husband and wife, residents of- and owners of- property located at 410 South Polk Street, Moscow, Idaho, 83843 (hereinafter "OWNER"). W I T N E S S E T H: WHEREAS, CITY is the owner of the Polk Street public street right-of-way, within the Park Addition to the City of Moscow, Idaho, west of and adjacent to 410 South Polk Street; and WHEREAS, husband and wife are the exclusive and sole owner of the premises commonly known as 410 South Polk Street, and more particularly described as Lot 7 and the south 15 feet of Lot 6 of Park Addition Subdivision; and, WHEREAS, OWNER desires to partially encroach upon CITY's street right-of-way by the presence of a three foot (3 high wood fence; and WHEREAS, CITY is willing to allow the continued presence of the wood fence on the street right-of-way; and WHEREAS, CITY is willing to permit such encroachments only under the terms of this Encroachment Agreement; NOW, THEREFORE, CITY and OWNER hereby agree as follows: 1. Description. CITY will permit OWNER to maintain the following described encroachments upon CITY right-of-way to the extent and in the manner described below: A. Premises. CITY-owned property described as the Polk Street public street right-of-way contiguous with the length of OWNER's property at 410 South Polk Street. B. Encroached Space. The portion of CITY's Premises (as defined in 1.A., above) upon which OWNER's wood fence will encroach, all as shown on Exhibit to this Encroachment Agreement, the same as if fully copied, transcribed, and adopted therein. 2. Use. OWNER shall hav · e the right and privilege to utilize the above-ground Encroached Space only for the purpose of installing and maintaining a wood fence. ENCROACHMENT AGREEMENT - CITY AND GLEN AND IRIS MURRAY PAGE l OF 5 2.o\L\ - SI ---PAGE BREAK--- 5 6 7 9 4 3. Cleanliness. OWNER agrees that said Encroached Space shall be kept in good repair and in a neat, safe and sanitary condition, and that the Encroached Space shall be utilized in a manner so as not to endanger the safety or property of others. 4. Surrender of Premises and Return to Previous Condition. A. CITY may cause said Encroached Space to be vacated at any time and for any reason at OWNER's expense, following CITY's request that OWNER vacate said Encroached Space, within ninety (90) days of CITY's issuance of written notice to OWNER's last known address, as shown in the records of the Latah County Assessor's office. B. Should OWNER fail to vacate said Encroached Space within ninety (90) days of written notice sent by CITY requesting vacation of Encroached Space, CITY may cause said vacation without further notice to OWNER and OWNER shall be responsible for all expenses incurred by CITY in ensuring vacation of Encroached Space. C. OWNER understands and agrees that CITY shall have the unqualified right to revoke this Encroachment Agreement and demand that OWNER vacate the Encroached Space. 5. Limitation of Right. This Encroachment Agreement and the rights and privileges accruing to OWNER therefrom, shall not be construed to grant OWNER a property right, easement or any other interest in the public right-of-way, but shall only act as a revocable permission to encroach as set out in this Encroachment Agreement. CITY specifically and explicitly retains the right to enter the premises described herein for purposes of inspection of said premises and the Encroached Space during normal business hours. 6. Assignability Clause. Neither this Encroachment Agreement nor the rights, privileges, or obligations herein shall be assigned to any other party without prior written consent of CITY; however, such assignment shall not be unreasonably withheld by CITY as long as the party to which this Encroachment Agreement is assigned agrees in writing to abide by all obligations contained in this Encroachment Agreement. Any attempted assignment of this Encroachment Agreement without prior written approval by CITY shall be immediately and automatically void. 7. OWNER agrees to indemnify, defend, and hold harmless CITY, and its officers, agents and employees, from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the acts and/or any performances or activities of OWNER and related to construction and maintenance of the Encroached Space and anything within such Encroached Space and any other encroachment in CITY right-of-way, specifically excepting any claims arising out of the negligence, gross negligence, and/or intentional acts of CITY or its officers, agents, or employees. 8. The mutual promises and covenants in this Encroachment Agreement shall constitute a covenant running with the land for the benefit of CITY, its successors and assigns, and the terms, conditions, and covenants herein shall be binding upon and shall inure to the benefit of the successors and assigns of CITY and of OWNER. ENCROACHMENT AGREEMENT- CITY AND GLEN AND IRIS MURRAY PAGE2 OF 5 ---PAGE BREAK--- 567946 IN WITNESS WHEREOF, OWNER and CITY have caused this Agreement to be executed on the VfK day of C'e-pJ.lM.h//, 2014. OWNER: CITY OF MOSCOW, IDAHO ro'l Les MacDonald, P. E. Director of Public Works ii11, \)DI D< ¸ · lS' º Â J 9OT-1.9 : ! 5 : . = : : 9 \ c : - ¶ • f\ usu I ACKNOWLEDGMENTS '\p·Å • Á O 1 X' STATE OF IDAHO ) ¼½,, OF ) ss: County of Latah ) On this it..l1 I v? ³ ± • \ Notary ublic f,9.r the State of Idaho : / 3OTN,J. \ A Residing at f..Y I b• ,j\A WA ; \ j E My commission expiresl_,/...J.Jj-l'/1'--1 · _ - oft,. ´ 'U"11. 0 " , ½ ' -7 L, ° , ¾ OF \Q ENCROACHMENT AGREEMENT - CITY AND GLEN AND IRIS MURRAY PAGE40F 5 ---PAGE BREAK--- . . . Fence C!T'f OF MOSCOW ENGINEERING DEPARTMENT MOSCOW, IDAHO SCALEh: I - 40 DATE; AUCSUST 27, 20 1 4 DRAWN BY: C.EDVt'ARD.'."I DHKD. BY; EXHIBIT EXHIBIT ENCROACHMENT AGREEMENT - CITY AND GLEN AND IRIS MURRAY 5 G 7 94 6 Note: This properly has not been surveyed. Locations assumed from visual inspection, rield measuremenls and aenal photos. DR>,l\!I DATE BY: CHl(.'0 ar: 410 S Polk StfeeLd PAGE 5 OF 5