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ENCROACHMENT AGREEMENT This Agreement entered into the day of 1997, by and between the City of Moscow, a Municipal Corporation of Idaho, herein and after referred to as the "CITY", and Michael and Janice Hess, husband and wife, herein and after referred to as the "OWNERS", owners of property located at 708 Vista Avenue, Moscow, Idaho. WITNESSETH WHEREAS, a 5 foot wide utility easement is located on the north of the premises at 708 Vista Avenue, Moscow, Idaho; and WHEREAS, the OWNERS desire to encroach upon a portion of the presently unused City utility easement through construction of a garage; and WHEREAS, the CITY is willing to permit such encroachment under the terms of this Agreement NOW, THEREFORE, the CITY and the OWNERS hereby agree as follows I. The CITY will permit the OWNERS to construct the following described encroachment which will encroach upon City utility easement in the manner described below Construction of a garage encroaching approximately three feet (3 into the utility easement 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. This encroachment is intended to be permanent and shall not be revoked by the CITY 4. This encroachment will be terminated upon vacation by the CITY of the underlying five foot utility easement. 5. This Agreement shall run with the land. 6. For the purpose of this Agreement, the addresses of the parties shall be as follows: CITY City of Moscow P 0 Box 9203 Moscow, ID 83843 97-46 ---PAGE BREAK--- OWNERS Michael & Janice Hess 708 Vista Avenue Moscow, ID 83843 This Agreement shall be in full force and effect for so long as said encroachment remains upon utility easement. 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 U: JL day of tf!!t lo/:J t / 1997. / ATTEST STATE OF IDAHO ) ) ss County of Latah ) / / / ' vt// / . I / / -J - OWNERS Michael Hess CITY ACKNOWLEDGMENT On this day of 0/iJ ftj;C /199], before me, a Notary blic, . in and f?r said state, personally appeared ln/f:lo.Atk: 11 and . I c:IAi 'if , known to me to be thpersons whose names are subscribed to the within instrument, and " ' acknowledged to me that they executed the same _ / J v)Jf/' 2 · · . . ( JvY/ /zpt: .f:L. NOTARY PUBLIC for 4!aho ff Residing at lf}t!J !iiJuJ i/ · , My Commission expires 51-P tl3