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' . 406152 ENCROACHMENT AGREEMENT This agreement entered into the 21st day of March 1994, by and between the City of Moscow, a Municipal Corporation of Idaho, herein and after referred to as the 'CITY' and Michele Baer, herein and after referred to as the 'OWNER' , owner of property located at445 E. Morton Street, Moscow, Idaho; WITNESSETH: WHEREAS, the CITY is the owner of a 60 foot wide right-of-way located adjacent to premises on Morton and Van Buren Streets, Moscow, Idaho; and, WHEREAS, the OWNER owns the improvements described at the above address; and, WHEREAS, the OWNER's improvements encroach upon the CITY's right of-way; and WHEREAS, the OWNER desires to continue an encroachment upon the presently unused portion of the City right-of-way; and, WHEREAS, the CITY is willing to permit such encroachment under the terms of this agreement. NOW, THEREFORE, the CITY and the OWNER hereby agree as follows: I. The CITY will permit the OWNER to continue the following described encroachment upon City right-of-way: An existing improvement (dwelling) encroaching up to nine feet into Van Buren Street right-of-:-way as indicated on Exhibit 2. The OWNER hereby assumes all liability for the improvement (dwelling) and shall hold the CITY harmless and defend any claim against the CITY related to said improvement (dwelling). 3. Should the improvement (dwelling) be destroyed by any means to an extent of more than seventy percent (70%) of the replacement cost of the whole structure at the time of destruction, this encroachment agreement shall terminate and no improvement by OWNER shall be 94-18 ---PAGE BREAK--- 406152 reconstructed within 'the street right-ofway, and all construction shall be in accordance with applicable City building and zoning regulations. 4. Before any additions may be made to the improvement (dwelling), the encroachment into the street right-of-way shall be removed. 5. The City shall not issue building permits regarding said address and/or improvement unless they are for improvements in conformance with this agreement. 6. For the purpose of this agreement, the addresses of the parties shall be as follows: CITY: City of Moscow P.O. Box 9203 Moscow, Idaho 83843 OWNER: Michele Baer c/o Rapid River Hatchery H.C. 69, Box 80 Riggins, ID 8353 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 OWNER and the CITY, by and through its Mayor and City Clerk, have caused this agreement to be executed on the 21st day of March 1994. CITY: MXX Larry Hodge, Acting Mayor ATTEST: . e d ---PAGE BREAK--- STATE OF IDAHO County of J czla./L ) ) ss ) 406152 On this @ .s.L day of 777arcL , 1994, before me a otary Public in and for said State, appeared Michele Baer, and acknowledged to me that she executed the foregoing agreement. STATE OF IDAHO County o ) ) ss ) Notary Public in and for State of Idaho On this tJ1 day of 272 , 1994, before me a Notary Public in and for said State, appeared Larry Hod_ge 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. + • f\ . Notary Public in and for State of Idaho ---PAGE BREAK--- EXHIB11 ' l l Morton Street 55' - -0 - 0 N 445 E Morton 8 Ex g House 1 I L I p/411 l3j. q;j I 0 - I CD C CD ol:= >Ul 60' 1- l.J.J l.J.J 1- V) z: l.J.J co z: > 4061521 I I I \ L· r I J I