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552618 FENCE ENCROACHMENTAGREEMENT THIS FENCE ENCROACHMENT AGREEMENT (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, in behalf of Maurice V. Wiese, 711 Park Drive, Moscow, Idaho, 83843, the owner of a fence on property located at 514/516 South Grant Court, Moscow, Idaho, 83843 (hereinafter "OWNER"); W I T N E S S E T H: WHEREAS, CITY is the owner of a six foot wide Walkway Easement (Latah County Recording No. 293802) located on the east boundary of 514/516 South Grant Court, Moscow, Idaho (hereinafter "Encroaching Space"); and WHEREAS, OWNER is the record owner of 514/516 South Grant Court, Lot 11 of Block 1 of the East Sixth Street Addition to the City of Moscow, Idaho; and WHEREAS, OWNER's metal fence encroaches upon a portion of CITY right-of-way by utilizing space in CITY's Walkway Easement herein described; and WHEREAS, CITY is willing to permit such encroachment only under the terms of this Encroachment Agreement; NOW, THEREFORE, CITY agrees as follows: 1. Description. CITY will permit OWNER to utilize above-ground space in the following described encroachment which will encroach upon CITY right-of-way in the manner described below: A. Premises. The property comprising the existing above-ground space within Walkway Easement Number 293802, as recorded at Latah County, Idaho, and as shown in Exhibit to this Encroachment Agreement. B. Encroaching Space. A metal fence located on the east boundary of 514/516 South Grant Court, Lot 11 of Block 1 of the East Sixth Street Addition to the City of Moscow, Idaho, and as shown in Exhibit to this Encroachment Agreement. 2. Use. OWNER shall have the exclusive right and privilege to utilize only the above-ground Encroaching Space for the currently existing metal fence. 3. Cleanliness. Encroaching Space shall be kept in good repair and in a neat, safe and sanitary condition by OWNER and that the Encroaching Space shall be utilized by OWNER in a manner so as not to endanger the safety or property of others. FENCE ENCROACHMENT AGREEMENT- 2012 LOT II, BLOCK 1, EAST SIXTH STREET ADDITION PAGE I OF2 ---PAGE BREAK--- 4. Surrender of Premises and Return to Previous Condition. 552618 A. CITY may cause said Encroaching Space (including, but not limited to, the wooden fence) to be vacated at any time and for any reason and at OWNER's expense following CITY's request that OWNER vacate said Encroaching Space and within ninety (90) days of OWNER's receipt of written notice. B. Should OWNER fail to vacate said Encroaching Space within ninety (90) days of OWNER's receipt of written notice by CITY requesting such vacation of Encroaching 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 Encroaching Space. C. OWNER agrees that CITY shall have the unqualified right to revoke this Encroachment Agreement and demand that OWNER vacate the Encroaching 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 public 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 Encroaching 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. CITY OF MOSCOW, IDAHO FENCE ENCROACHMENT AGREEMENT- 2012 LOT II, BLOCK I, EAST SIXTH STREET ADDITION PAGE2 OF2 ---PAGE BREAK--- f m 0 EXHIBIT 514/516 SOUTH GRANT COURT EXHIBIT ENCROACHMENT AGREEMENT WALKWAY EASEMENT LATAH COUN'f!Y' RECORDING NUMBER 293802,4-21-1978 FIFTH ST. 80' t This map is provided for reference only a[ld is t ·intended to