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COVENANT TO RESTRICT THE USE OF REAL PROPERTY THIS COVENANT. made this 26th day of Februa 1996, by and between Robert F. Shrum and Drucilla A. Shrum, husband and wife, whose current address is 841 Kennedy, Moscow, lD 83843 (hereinafter the "Covenantors"), and the City of Moscow, a municipal corporation of the State of ldaho (hereinafter the "City"). WHEREAS, Covenantors are the owners of Lot Fifteen ( 15), Block Two W.D. Stokes Addition to the City of Moscow as shown by the recorded plat thereof, Latah County, State of idaho (hereinafter "Lot l and the owners of Lot Sixteen (16), Block Two W.D. Stokes Addition to the City of Moscow as shown by the recorded plat thereof , Latah County, State of Idaho (hereinafter "Lot 16"); and WHEREAS, Lot 15 includes a single-family dwelling unit and Lot l 6 is unimproved; and WHEREAS, the City has lawfully enacted Ordinance No. 95-12 which has created a local improvement district for the improvement of the Stokes Addition known as Local Improvement District No. 120, pursuant to Idaho Code §50-1710 (hereinafter "LID No. 120"); and WHEREAS, the parties wish to ensure that the assessment resulting from LID No. 120 will be fair and equitable to all concerned and in the best interests of the public; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: I. COVENANTORS' COVENANTS I. Covenantors hereby covenant that no dwelling unit of any kind shall be erected, laid out, or built at any time on Lot 16, except that the existing single-family dwelling unit on Lot 15 may be enlarged to occupy a portion of Lot 16. 2. "Dwelling unit" shall mean a building or portion thereof which provides complete housekeeping facilities for one family, and shall also include motel, hotel, tourist homes or boarding houses. 3. Covenantors shall make no objection to the creation of LID No. 120 nor to the resulting assessment. 4. Covenantors shall pay the assessment for LID No. 120 for Lot 15 and Lot 16 to the City pursuant to the payment schedule authorized by the Moscow City Council COVENANT TO RESTRICT THE USE OF REAL PROPERTY Page I 96-07 ---PAGE BREAK--- pursuant to the enactment of ordinances for creation and assessment of LID No. 120. II. CITY'S COVENANT I. The City, in determining benefits derived by each parcel in LID No. 120, shall assess Lot 15 and Lot 16 as a single parcel with one single-family dwelling unit. Ill. BINDING ON HEIRS, SUCCESSORS IN INTEREST AND ASSIGNS This Covenant constitutes a covenant running with the land and all heirs, successors in interest and assigns of the Covenantors shall be deemed parties to this Covenant to the same effect as the Covcnantors and that the terms and conditions of this Covenant may be enforced by any party having a legitimate interest in so doing. DATED this 26th day of 1996. COVENANT TO RESTRICT THE USE OF REAL PROPERTY COVENANTORS: Robert F. Shrum, a married man Drucilla A. Shrum, a niarric:d woman CITY OF MOSCOW Page2 ---PAGE BREAK--- STATE OF IDAHO ) ) ss County of Latah ) ACKNOWLEDGMENT On this day oC?l/aAd . 1996, before me, a Notary Public of the State of Idaho, personally appeared Robert F. Shrum and Drucilla A. Shrum, husband and wife, known to me to be the persons described in the above document and acknowledged to me \'t:i:i:ii:ti}J;y executed the same. STATE OF IDAHO ) )ss County of Latah ) ACKNOWLEDGMENT On this day 1996, before me, a Notary Public of the State of Idaho, personally appeared Paul C. Agidius and Elaine Russell, Mayor and City Clerk of the City of Moscow, known to me to be the persons described in the above document and acknowledged to me that they executed the same. agreemnt\shrum \sr COVENANT TO RESTRICT THE USE OF REAL PROPERTY