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ENCROACHMENT AGREEMENT 970 NORTH POLK EXTENSION 553039 No. AT THE I®EOUEST OF: rava4u. I r DATE .5/.lo'uR:mu'c.t6 Y CfQ S SANPE.l I" LATAH COUNTY nECOJ)QER Fco$. . BY THIS ENCROACHMENT AGREEMENT 970 NORTH POLK EXTENSION (hereinafter "Agreement") shall be effective upon proper filing with Latah County and shall be by and between City of Moscow, Idaho, a municipal corporation of the State of Idaho, (hereinafter "CITY"), 206 East 3rd Street, Moscow, Idaho, 83843, and Joshua B. Davis (hereinafter "OWNER"), owner of property located at 970 North Polk Extension, Moscow, Idaho, 83843. W I T N E S S E T H : WHEREAS, CITY is the owner of the Howard Street right-of-way, and Rodeo Street right-of way within the Replat of the Homestead Addition to the City of Moscow, Idaho, north and east of the premises located at 970 North Polk Extension; and WHEREAS, OWNER is known to be the exclusive and sole owner of the premises commonly known as 970 North Polk Extension; and, WHEREAS, OWNER desires to partially encroach upon CITY's (undeveloped) Howard Street right-of-way by the presence of a six foot tall open-rail fence (running east/west) and by the presence of another fence (currently running north/south on the easterly side of Howard Street right-of-way); and WHEREAS, CITY is willing to allow the continued presence of the fences on (undeveloped) Howard Street right-of-way; and WHEREAS, CITY is willing to permit such encroachments only under the terms of this Encroachment Agreement; NOW, THEREFORE, CITY agrees as follows: 1. Description. CITY will permit OWNER to maintain the following described encroachments upon CITY right-of-way to the extent and in the manner described below: A. Premises. CITY-owned property described as the (undeveloped) Howard Street right of-way contiguous with the length of OWNER's property at 970 North Polk Extension. B. Encroached Space. The portion of CITY's Premises (as defined in l above) upon which OWNER's fences are constructed, all as shown on Exhibit to this Encroachment Agreement, the same as if fully copied, transcribed, and adopted therein. 2. Use. OWNER shall have the right and privilege to utilize only the above-ground Encroached Space for any lawful purposes (including, but not limited to, the presence of fences). ENCROACHMENT AGREEMENT- 970 NORTH POLK EXTENSION PAGE 1 OF 3 ---PAGE BREAK--- . ' 0)53039 3. Cleanliness. OWNER agrees that said Encroached Space shall be kept in good repair and in a neat, safe and sanitary condition and that the Encroached Space shall be utilized in a manner so as not to endanger the safety or property of others. 4. Surrender of Premises and Return to Previous Condition. A. CITY may cause said Encroached Space to be vacated at any time and for any reason and at OWNER's expense following CITY's request that OWNER vacate said Encroached Space and within ninety (90) days of CITY's issuance of written notice to OWNER's last known address, as shown in the records of the Latah County Assessor's office. B. Should OWNER fail to vacate said Encroached Space within ninety (90) days of written notice sent by CITY requesting vacation of Encroached Space, CITY may cause said vacation without further notice to OWNER and OWNER shall be responsible for all expenses incurred by CITY in ensuring vacation of Encroached Space. C. OWNER understands and agrees that CITY shall have the unqualified right to revoke this Encroachment Agreement and demand that OWNER vacate the Encroached Space. 5. Limitation of Right. This Encroachment Agreement and the rights and privileges accruing to OWNER therefrom, shall not be construed to grant OWNER a property right, easement or any other interest in the public right-of-way, but shall only act as a revocable permission to encroach as set out in this Encroachment Agreement. CITY specifically and explicitly retains the right to enter the premises described herein for purposes of inspection of said premises and the Encroached Space at any time. 6. Assignability Clause. Neither this Encroachment Agreement nor the rights, privileges, or obligations herein shall be assigned to any other person, business, owner or party. 7. This Encroachment Agreement shall constitute a covenant running with the land for the benefit of CITY, its successors and assigns. IN WITNESS WHEREOF, CITY has caused this Agreement to be executed on the day of t.dtf't' , 2012. JULY 12 1887 ENCROACHMENT AGREE MENT- 970 NORTH POLK EXTENSION CITY OF MOSCOW, IDAHO PAGE20F 3 ---PAGE BREAK--- . n 6 f) :c > rn \0 0 z 0 :c "0 0 r tTl rn z C/l / "0 tTl w 0 'Tl w 5965 4-0' 1001 N Polk S1 .36 AJ:; b 'in - - Co 92.72' 1 92.71. 0020 Q Ro-dao Or 3 92.98' 0030 i'lF c, = ª 'N V :2 d © 26 27 = - ¨ 29 = d © 0010 X !lli!l N 5all< §I 4 92.71. = d 1 13.00' 0260 !1§1 N 5 n, §t 1 1 3.00' 0270 N ǚell< §1 1 1 3.00' 02/JO !l!i:!i N f'Bibi §I 11 3.00' 0290 !14§ N I'BIIf §1 Ut, I I T I I I ! I t=oreet Bound :!ltV - - l-Ol BoundZIIY, - JI>TT!Ier"t CrnHI'II"e CITY OF MOSCOW E:NGJNE:ERlNG DEPARTMENT MOSCOWǞ IDAHO = b - l b 436.59' - RODEO DRIVE- ,290.00 29,820 SF' l O.IIB AC - DAVIS l PROPERTY <41S,CIDO SF 145' I 23,345 SF 0.54 AC 001A 1 950 N Polk Sl 45,690SF r 1 23.345 SF 0.54 AC 1 45' 0010 97..0 N Polk St 46,609SF DZI'-'I,..Prop.,rty V ""oro•ohmesA••• 0018 970 N Polk St 12.3.000 SF 145' 23.34!!. SF 0.*4 AC . .23,34!51 SF' 0.84 ǘ 145' 1.07 AC - DALǙ : 1" o Te:: DRAW ElY: Ct-tiiC."'Q, BY< 1 2012 r.t. u DAVIS PROPERTY FENCE ENCROACHMENT ExHIBIT t ¥ - ¦ 419. 41 9W 001. Rodeo I 109,.:512 67',675 SF 1.55 AC ENCROACHMENT AREA 420. 67,954 SF 1.56 AC 421. 153.46' 001A a, Ǘ 702 Publle Avo = 1B.7.:51SF § 0.Ǜ3 AC 158.50' 422 67.675 SF 1.55 AC Note: This property has not been surveyed. Fence location assurn ed frOITl visual inspection, field measurements and aerial photos. OAT'C ORA- CHIC"O. ..J.ob No..' . Enǝnmont..ctwo b:J ¬