Full Text
DECLARATION AND RESTRICTION OF USE FOR SINGLE FAMILY DWELLING THIS DECLARATION AND RESTRICTION OF USE FOR 108 NORTH MOUNTAIN VIEW ROAD BETWEEN CITY OF MOSCOW, IDAHO AND LEONARD OEPKE (hereinafter "Declaration and Restriction of Use") is entered into this 'LLJ day of f , 2016, by and between Leonard Koepke (hereinafter referred to as "OWNER"), I 08 North Mountain View Road, Moscow, Idaho, 83843, being owner of real property as described herein, and City of Moscow, Idaho, a Municipal Corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter referred to as "CITY"); I. PROPERTY AFFECTED: This Declaration and Restriction of Use affects property located within the City of Moscow, Idaho, and commonly known as 108 North Mountain View Road, being more particularly described as follows: 0.47 ACRE TAX #890 & #7241 NWSW; 0.13 ACRE TAX #2707 SWSW; 0.57 ACRE TAX #2397 NWSW LESS TAX #6221 of the Shield's Acre Addition to the City of Moscow. II. OWNER'S DECLARATION OF USE AND COVENANT: In consideration of the issuance of a building permit for property as hereinafter described, the undersigned, OWNER of the property herein legally described, hereby agrees and binds OWNER, or any heirs or successors and assigns as follows: That the property herein described shall be used for a single family dwelling only as defined in Section 4-11-9(8)(30) of Moscow City Code and the plans submitted for said permit are designed and intended for such use only. No physical separation shall be established between the upper and lower floors of the structure located upon the subject property that would allow the structure to be used and occupied by two families living independently of each other. This restriction of use shall remain in force and effect until such time as the subject property and any structures thereupon, comply with all applicable requirements of Moscow City Code and any other applicable Codes for any use other than a single family dwelling, as evidenced by the issuance of a permit or certificate of occupancy from CITY for any such use. III. RIGHT TO INSPECT: As further part of this Agreement, it is hereby understood and agreed that upon 24 hour notification to OWNER, any official inspector of CITY or its agents duly authorized, may have the privilege of entering and investigating the use of the premises, to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. DECLARATION AND RESTRICTION OF USE KOEPKE AND CITY PAGE 1OF3 ---PAGE BREAK--- 5?8288 IV. FAILURE TO COMPLY: 0 WNER understands and acknowledges that, pursuant to Section 4-11-8 of Moscow City Code, each verified violation of the approved use may result in the issuance of a misdemeanor citation pursuant to CITY and Idaho Code. OWNER agrees to pay all expenses incurred by CITY in enforcing this Declaration and Restriction of Use. V. BINDING ON HEIRS, ASSIGNS AND PURCHASERS: This Declaration and Restriction of Use shall run with the land affected hereby, as shall all covenants contained herein. This Declaration and Restriction of Use shall be recorded with the Latah County Recorder. VI. VENUE AND ATTORNEY FEES: The parties agree that should any provision of this Declaration and Restriction of Use be litigated in the future, venue for such litigation shall be with the District Court of the Second Judicial District of the State of Idaho in and for the County of Latah. VII. UNDERSTANDING: OWNER has read and understood this Declaration and Restriction of Use and the contents thereof and has had the opportunity to avail himself of legal and of other counsel before entering into this Declaration and Restriction of Use and before signing it, and hereby enters into it voluntarily, willingly, and without inducement of any kind. IN WITNESS WHEREOF, the parties have executed this Declaration and Restriction of Use to be effective the date first above written. CITY: anner I DECLARATION AND RESTRICTION OF USE KOEPKE AND CITY PAGE20F3 ---PAGE BREAK--- ST ATE OF IDAHO ) ) SS. COUNTY OF LATAH ) ACKNOWLEDGMENT On this {)cJ day of llpri I , 2016, before me, a Notary Public in and for said State, appeared Leonard Koepke, known to me to be the person named above, and acknowledged that he executed the foregoing document as the duly authorized Property Owner, and has full legal authority to enter into this Agreement to bind the Property, and does so at his own free will. STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) I On this day of rj I , 2016 before me, a Notary Public in and for said State, appeared Rebe; Couch, known to me to be the person named above, and acknowledged that she executed the foregoing document as the duly authorized representative of CITY. DECLARATION AND RESTRICTION OF USE KOEPKE AND CITY PAGE 3 OF 3