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4140]7 ENCROACHMENT AGREEMENT This agreement entered into the 24th day of Ju 1 Y , 1995, by and between the City of Moscow, a Municipal Corporation of Idaho, herein and after referred to as the "CITY" and Frederick and Jayme Bourque, husband and wife, herein and after referred to as the "OWNERS", owners of property located at 495 Moser, Moscow, Idaho; WITNESSETH: WHEREAS, the CITY is the owner of a 60-foot wide right-of-way on Street and a 50-foot wide right-of-way on Moser Street located adjacent to premises at 495 Moser, 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 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: A 36-inch high picket fence. The fence will encroach 8 feet into the Street right-of-way and will encroach 3 feet into the Moser 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. 95-59 ---PAGE BREAK--- 41.4037 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 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 oscow, ID 83843 OWNERS: Frederick and Jayme Bourque 495 Moser Moscow, ID 83843 This agreement shall be in full fore and effect for so long as said encroachment remains upon City right-of-way. IN WITNESS WHEREOF, the OWNERS and the CITY, by and throuh its Mayor and City Clerk, have caused this agreement to be executed on the day of July , 1995. OWNER: CITY: ATTEST: Elaine Russ811)ity clefk ---PAGE BREAK--- 1 STATE OYZA.-:- r _ County of ) )ss ) q14037 n On this aay of ( c: , 1995, before me a Notary Public in and for said State, appeared Ja#le Bourque, and acknowledged to me that she exe)f,Qregoing agreement. , , rt u.s 'v sl!>5ee:-.,0 0' ' G' ' - o"e R . ,p D r J · X Y;.Z \ ' {T • : = 0 ,l - - 0 1; - - - 0* e; : · : X \ ; V l' - AfE9f).L- County of )ss ) On this d aay of t=;r , 1995, before me a Notary Public in and for said State, appeared/ Fredrick Bourque, and acknowledged to me that she executed the foregoing agreement. , N E R 'v s > "o&eAo,..B..,0 J' G . F" Jf W B 0 /U 0 S . & E ff . i . ' • 2· · %if - El \ ' . W \ : vIJ I!J9 C • • H 9 v . t 0 F ''IJ I t\1\\ STATE [\·_':LddAc County of ) )ss ) Notary Public in and for State of JlR¡_/c) On this 'day of , 1995, before me a Notary Public in and for said State, appeareJ/ral C. Agidius and Elaine Russell, know to me to be the Mayor and City Clerk of the City of Moscow and acknowledged to me that they executed the foregoing agreement. # a/kv Notary Public in and for State of '-bLh