Full Text
COVENANT AND AGREEMENT TO HOLD PROPERTY AS ONE PARCEL (LOT TIE AGREEMENT) 569336 THIS COVENANT AND AGREEMENT TO HOLD PROPERTY AS ONE PARCEL (hereinafter "Lot Tie Agreement") is entered into the 2-I day of Oe-tvhe..c , 2014 by and between the City of Moscow, Idaho, a municipal Corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"), Randy Atwood and Mary Jo Knowles, owners of property located at 446 East Eighth Street and 717 South Harrison Street, Moscow, Idaho, 83843 (hereinafter "DECLARANTS"); WITNESSETH: WHEREAS, the undersigned (the "DECLARANTS") hereby certify that they own the real property known as Lots 12C and 12D, Block 4, McGregor's Second Addition, including adjacent vacated Harrison Street right-of-way located in the City of Moscow, State of Idaho, and as shown on the attached EXHIBIT WHEREAS, this property, known as Lots 12C and 12D, Block 4, McGregor's Second Addition, including adjacent vacated Harrison Street right-of-way located in the City of Moscow, State of Idaho, is located at and is known by the following ADDRESSES: 446 East Eighth Street and 717 South Harrison Street, Moscow, Idaho, 83843; WHEREAS, both lots collectively referred to as "the Property"; and WHEREAS, the DECLARANTS wish to enter into this Lot Tie Agreement for the purpose of creating a single building site. NOW, THEREFORE, DECLARANTS hereby covenant the following: 1. DECLARANTS agree that the Property shall be held as one parcel and no lot nor any portion of the Property shall be sold separately. 2. This Lot Tie Agreement is executed for the purpose of creating a single building site. 3. This Lot Tie Agreement and the covenants contained herein shall run with the land for all of the Property, including both lots, and shall be binding upon DECLARANTS', future owners, their successors, heirs or assignees, or any encumbrances. All terms, covenants, conditions, restrictions, and agreements contained herein are made for the direct, mutual and reciprocal benefit of the Property as a whole and are intended to be equitable servitudes and burdens on the Property. 4. This Lot Tie Agreement may be terminated upon the written request of DECLARANTS and the approval of CITY, based on a determination by the Zoning Administrator of CITY that the Lot Tie Agreement is no longer required, which finding shall not be LOT TIE AGREEMENT :;2-0\4-15 PAGE 1 OF4 ---PAGE BREAK--- unreasonably withheld. In connection with the determination that the Lot Tie Agreement is no longer required, the Zoning Administrator of CITY may require the removal or relocation of improvements on the Property to ensure compliance with the applicable zoning code, ordinances and regulations of CITY or other laws. 5. DECLARANTS understand and agree to any and all limitations this Agreement imposes on the use and development of the Property. DECLARANTS also assert it is DECLARANTS' wish to enter into this Agreement, and enters into this Agreement freely and without any undue influence from any party to this Agreement. 6. No termination, amendment or other modification of any provision of this Lot Tie Agreement shall be effective unless set forth in writing and executed by DECLARANTS, and approved by CITY pursuant to Section 4 above. 7. The DECLARANTS and their successors and assigns covenant and agree to forever release, waive, indemnify, defend and hold harmless CITY and all CITY officials, employees and agents from any and all claims, demands, losses, injuries, costs or other liabilities, including costs and attorney's fees, which may arise from, or in connection with, the performance, breach and/or terms of this Lot Tie Agreement, including but not limited to liability arising from any violations of laws or regulations. 8. This Lot Tie Agreement shall be recorded in the Latah County Recorder's Office. 9. This Lot Tie Agreement shall be interpreted, construed, and enforced in accordance with the laws of the State of Idaho. CITY DECLARANTS CITY OF MOSCOW, IDAHO &IMJ-- Bill Lambert, Mayor Randy Atwood, Owner /77k Mary Jo Knowles, Owner LOT TIE AGREEMENT PAGE20F4 ---PAGE BREAK--- STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) ACKNOWLEDGMENT On this d3d. day of fl!!cf'tJ-fur , 2014, before me, a Notary Public in and for said State, appeared Randy Atwood, known to me to be the person named above and acknowledged that he executed the foregoing document as property owner of 446 East Eighth Street and 717 South Harrison Street, Moscow, Idaho. , \ 1, \ ' 11fI1!11 P E 115 ' T T..n U i!!f' b WX · -\..OThL : • • } r • : i I : ; \ "1euu I : ] o ` , 3 ' , • • • • ' de a "12 OF 111 I I STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) Notary Public fey 4he State ofld5o Residing at llA OSVf><.i._ .J!ddo My commission expireC -21-lf ACKNOWLEDGMENT On this ;2day of , 2014 before me, a Notary Public in and for said State, appeared Mary Jo Knowles, known to me to be the person named above and acknowledged that she executed the foregoing document as property owner of 446 East Eighth Street and 717 South Harrison Street, Moscow, Idaho. PEr9 fgv vo: ' WY.·· ~ :TA"' \ V : ! : - . . : : • ! = • . v . - ^ \ ·-ueZ J : ; . 0 c cj\ • _ , ' , ,8 · a ' l'c OF LOT TIE AGREEMENT Notary Public for the State ofld7 Residing at Si JJa o My commission expires CJ. 7i'f PAGE3 OF4 ---PAGE BREAK--- Lor TIE AGREEMENT Exhibit A Lot Tie Agreement for 446 East Street and 717 South Harrison Street between the City of Moscow, Randy Atwood, and Mary Knowles. D Subject Property N o 30 60 A --mm:=::iFeet PAGE40F4 x y z { I o:i