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ENCROACHMENT AGREEMENT This agreement entered into the 5th day of May, 1997, by and between the City of Moscow, a Municipal Corporation of Idaho, herein and after referred to as the "CITY," and Joe and Katherine Knickerbocker, husband and wife, herein and after referred to as the "OWNERS," owners of property located at 613 West A Street, Moscow, Idaho; WITNESSETH: WHEREAS, the CITY is the owner of a 60 foot wide right-of-way located adjacent to premises at 613 West A Street, 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 cedar picket fence; 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: 1. The CITY will permit the OWNERS to construct the following described encroachment which will encroach upon City right-of-way in the manner described below: Cedar picket fence approximately 3' into A Street right-of-way. 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 ---PAGE BREAK--- expenses incurred by the CITY in removing said encroachment, including courts costs and reasonable attorney's fees. 5. 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: Joe and Katherine Knickerbocker 613 West A Street 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 day of May, 1997. ATTEST: OWNER: : 61i3 A Street i CITY: C Mayor ---PAGE BREAK--- STATE OF IDAHO County of Latah )ss ) On this day of '711 r;tA:/ , 1997, before me a Notary Public in and for said State, appeared Joe Knickerbocker, and acknowledged to me that he JiXfIJ!ed the foregoing agreement. E R . "v o**e .,4'1 .K ' ,..dY \ Notary Public in and for State Idaho Notary Public in and for State of Idaho