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415750 ENCROACHMENT AGREEMENT This agreement entered into the# day of tl;;;(;.tbt) , 1995, by and between the City of Moscow, a Municipal Corporation of Idaho, herein and after referred to as the "CITY," and Bruce and Priscilla Polson, husband and wife, herein and after referred to as the "OWNERS," owners of property located at 856 Kenneth, Moscow, Idaho; WITNESSETH: WHEREAS, the CITY is the owner of a 50-foot-wide right-of-way located adjacent to premises at 856 Kenneth, 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 retaining wall; 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: Approximately nine feet into the 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 95-80 ---PAGE BREAK--- 415750 expenses incurred by the CITY in removing said encroachment, including courts costs and reasonable attorney's fees. 6. 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: Bruce and Priscilla Polson 856 Kenneth 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· have caused this agreement to be executed on the /cb t;lr day of _ ,1995. ~ OWNER Bruce Polson OWNER: '?z:mL6 Priscilla Polson CITY: ATTEST: Elaine Russell, City Clerk ---PAGE BREAK--- STATE Or:zci2- )ss County of La.-f d-L ) STATEosQU County of£ aZ;JL )ss ) 415750 On this/c? ay of , 1995, before me a Notary Public in and for said State, appeared Priscilla PQJ::iQO,,and acknowledged to me that she E R executed the foregoing agreemt:uM\ ' , , , v Zoe03lotl0 o· , STATE OF:z;/aj.o County of La i;J h _ v 9-'tl"' aGl , : UV / l WX , 01 T: , . E - \ ( -r-A - • t- 1-0( /.tO CJ8 o 8 + ,2 _ & . , . ) )ss ) E 0 f " " ,e / " Notary Publ in and for State of On this J ·Jttaay of [J:tillcJU , 1995, before me a Notary Public in and for said State, appeared Paul C. Agidius and Elaine Russell, know to me -to be the Mayor and City Clerk of the City of Moscow and acknowledged to me lhat they executed the foregoing agreement Notary Public in and for State of()