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SETTLEMENT AND RELEASE OF CLAIM WHEREAS, Carol Bradford and City of Moscow, Idaho, have reached an agreement that City of Moscow, Idaho shall return a large culvert squash pipe formerly located in City's right-of-way at 1408 East F Street, Moscow, Idaho, in exchange for a full and final release of claims related thereto; NOW WHEREFORE, FOR AND IN CONSIDERATION of the return of such squash pipe, Carol Bradford agrees as follows: FOR AND IN CONSIDERATION of the return of one large squash pipe culvert formerly installed on City of Moscow, Idaho right-of-way in front of the property commonly known as 1408 East F Street, Moscow, Idaho, in hand paid this day by the return of same, the receipt and sufficiency of which is hereby acknowledged, I, Carol Bradford, do hereby release, acquit, and forever discharge City of Moscow, Idaho, its agents, servants, employees, officers, directors and attorneys whether named herein or not, all and each of them, of and from any and all actions, causes of actions, claims and demands, damages, costs, loss of services, expenses and compensation on account of or in any way growing out of claims against the City for the return of the above-described squash pipe, all as more fully described in the Amended Small Claim Case No. CV00-00059 filed in the District Court of the Second Judicial District of the State of Idaho, in and for the County of Latah; Exhibit A and Exhibit B attached and incorporated the same as if fully transcribed and copied herein. It is expressly understood and agreed that the return of the above-described squash pipe is in full and final settlement of any and all claims, demands, damages, costs, loss of services, expenses, causes of action and compensation, and the like, on account of or in any way growing out of the claims I have against City of Moscow related to my former ownership of the property commonly known as 1408 East F Street, Moscow, Idaho. IT IS EXPRESSLY WARRANTED by me that no promise or inducement has been offered except as set forth herein; that this Settlement and Release of Claim is executed without reliance upon any statement or representation of any person or parties released or their representatives concerning the nature and extent of the injuries, damages and/or legal liability therefor; and that acceptance Bradford Settlement and Release of Claim Page 1 of 2 ---PAGE BREAK--- of the consideration set forth herein is in full accord and satisfaction of all disputed claims as set out above. WITNESS MY HAND on this 4fl' day of (l_pvt I ' 2 000. APPROVED AND RECEIPT OF SQUASH PIPE ACKNOWLEDGED: GarOi8faMord Jtv " \ . CAROL BRADFORD STATE OF IDAHO ) ) ss COUNTY OF LATAH ) On this 4Ï day of A p ; I , 2 000, before me, the undersigned, a Notary in and for said State, personally appeared Carol Bradford, known to me to be the person whose name is subscribed to the foregoing instrument, who, after being by me duly sworn, on oath stated that he has read the above and foregoing Release and Settlement of All Claims and acknowledged to me that she executed the same for the purposes and consideration therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. " " Ē E. P Á . . Ã Ä . · Nor..a : · . = . . - . . - - . . - . . - Â llsuc : • • À . . ' · · ,ē ''1110F ' " ' Agreement\BradfordSettiement&Release\pm vY1 Í f NotarY Public for the State of Idaho Residing at h1 Î C> My commission expires: 2 o/ o 'I I Bradford Settlement and Release of Claim Page 2 of 2 ---PAGE BREAK--- NOTICE OF CLAIM FOR DAMAGES To: City of Moscow 122 East 4th Street Moscow ID 83843 M IT:© IT: 11 wIT: ill) I OCT 2 0 1999 1J!J B Y:0 IJ.Q.Ì!fN I, Carol Bradford, submit this Tort Claim against the City of Moscow, Idaho (the "City") \ and against unknown employees of the City. - PARTIES 1. I currently reside at 409 N. Kirby, Kendrick, Idaho 83537, and I have resided at this same address for a period of at least six months immediately prior to the time this claim arose. 902(2). 2. The City of Moscow is a political subdivision as defined by Idaho Code Section 6- 3. At all times relevant to this Notice of Claim for Damages, the unknown employees of the City were acting within the course and scope of their employment or duties for the City and without malice or criminal intent. 4. Venue is proper in Latah County, Idaho under Idaho Code Section 6-915 because it is the county in which this cause of action arose. GENERAL FACTS 5. On about May 12, 1999, unknown employees of the City of Moscow directed a contractor hired by the City to remove a large culvert (squash pipe) which I had bought and NOTICE OF CLAIM FOR DAMAGES- 1 ---PAGE BREAK--- \ installed at the direction of the City as part of my efforts to provide access to real property then owned by me at 1408 East F Street, Moscow, Idaho 83843. The culvert was removed as part of the City's activities in collllection with construction of a storm sewer on F Street. 6. By letter dated June 21, 1999, to the Mayor of Moscow, Marshall Comstock, I asked the City to return my culvert or reimburse me for half of the origiu.al cost of the culvert. The culvert originally cost over $1,000. I requested reimbursement of$500. 7. The City has failed and refused to return the culvert or to pay me $500 and denies its obligation to do either. - CAUSES OF ACTION 8. The City of Moscow and its unknown employees wrongfully took the culvert from my possession and continue to wrongfully deprive me of the culvert. 9. The City of Moscow and its unknown employees have wrongfully converted my culvert. 10. Neither the City of Moscow nor its unknown employees are entitled to immunity for their actions. DAMAGES As a direct and proximate result of the conduct of the City of Moscow and its unknown employees, I have suffered damages in the approximate amount of $500. DATED this Carol Bradford I NOTICE OF CLAlM FOR DAMAGES - 2 ---PAGE BREAK--- STATE OF IDAHO ) )ss. County of Latah ) VERIFICATION Carol Bradford, being first duly sworn on oath, deposes and says: That she is the Claimant in the above-entitled matter; that she has read the foregoing Notice of Claim of Damages and knows and understands the contents thereof, and that the same \ are true as she verily believes. Carol Bradford - ' SUBSCRIBED AND SWORN to before me this QO Kday of October, 1999. ' PA.s. 111, 0ď K:;;L . . . , ¿ . . , : o.!QTAAY - . . - . . - = : : = - . . - É \PUeL\0 S č . . ··ođ ÊË"'· . Č , OF NOTICE OF CLAIM FOR DAMAGES - 3 md.!v.M. 1. Padk?u ,J NotarY public for the State ofldaho residing in m Ď My commission expires to I :L ii-} 6 I I ---PAGE BREAK--- IN TilE DISTHICT COURT OF THE SECOND JUlHCIAL DISTRICT OF TilE STATE OF IDAHO, IN AND FOR TilE COUNTY OF LATAH . . . . , r_·I. 'I I L, L GHI ' ' i FEB 0 9 2000 ! u u ) ) ) ) ) ) ) 1 . C(;k _ vs. &ax'{ (<.Ledliev ( r!d"-toi{!Yl::!scOc.t.l !v.x.i:tu"' >·fwMSewe. OV\ S-lvee.l-. Q. Do you hold this claim by assignment from the original claimant? 1\ . . Plaintiff f&a rl: Subscribed and verified before me the date first above writte"4 1. a" J . Susan R. Pete1·sen -11 1 Clerk of the District Court By , Deputy f..t ' . . \ NOTICE OF CLAIM TO: cf:dI '\-.Y}-JC/rJ , the defendant named in the above claim: )'1r. You l)jrCereby directed to {>ei'S,\Jllally appear before the District Court Magistrate on the~ day of ' 2000, at II: oO HlV\ to contest such claim of plaintiff, a copy of which is herewith served upon you. In case of your failure to appem·, judgment will be given in favo1· of plaintiff and against you for the amount of the claim, together with statuto1·y costs. No formal pleading is required on your behalf. If you conlesl the claim, your appeamuce and verbal denial is sufficient to define the issue. No attorney at law or any other person than the plaintiff and defendant is permitted to appear in litigation in this deparhnent, hut witnesses may appear or be summoned if the parties wish. cJ ,1 DATED this day of :JJ.J Susan R. Petersen Clerk of the District Court RETURN OF SERVICE STATE OF lDAIIO ) , Deputy ---PAGE BREAK--- le H ¾v, JuYl.Jl 2f l i 717 1 fo l::t fa_Je& y ve{u..ae& fo ...-efww. -ftte Cuiued wpÇ ;u.e_ 11 s-oo c.h