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DECLARATION AND RESTRICTION OF USE FOR SINGLE FAMILY DWELLING 567945 NO. AT T 'l H -auL ' c c i - D?.1 l' :01j^ -i'J.f t:f ruEnst 1 . LATAfl COUNTY nu8Dlll FEE $ r, LJ?- THIS DECLARATION AND RESTRICTION OF USE FOR 803 ALTURAS DRIVE BETWEEN CITY OF MOSCOW, IDAHO AND STEPHEN PAT WELLS AND SHEILA WELL (hereinafter "Declaration and Restriction of Use") is entered into this 3rd day of September, 2014, by and between, jointly and severally Stephen Pat Wells and Sheila Well (collectively referred to herein as "OWNERS"), 803 Alturas Drive, Moscow, ID 83843, being owners of real property as described herein, and City of Moscow, Idaho, a Municipal Corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter referred to as "CITY"); I. PROPERTY AFFECTED: This Declaration and Restriction of Use affects property located within the City of Moscow, Idaho, and commonly known as 803 Alturas Drive, being more particularly described as follows: Lot 9, Block 3, of the Indian Hills Sixth Addition to the City of Moscow. II. OWNERS' DECLARATION OF USE AND COVENANT: In consideration of the issuance of a building permit for property as hereinafter described, the undersigned, Owner(s) of the property herein legally described, hereby agree and bind OWNERS, or any our, heirs, successors and assigns as follows: That the property herein described shall be used for a single family dwelling only as defined in Section 4-11-9(8)(29) of Moscow City Code and the plans submitted for said permit are designed and intended for such use only. No physical separation shall be established between the upper and lower floors of the structure located upon the subject property that would allow the structure to be used and occupied by two families living independently of each other. This restriction of use shall remain in force and effect until such time as the subject property and any structures there upon, comply with all applicable requirements of Moscow City Code and any other applicable Codes for any use other than a single family dwelling as evidenced by the issuance of a permit or certificate of occupancy from CITY for any such use. Ill. RIGHT TO INSPECT: As further part of this agreement, it is hereby understood and agreed that any official inspector of CITY or its agents duly authorized, may have the privilege, at any time during ---PAGE BREAK--- normal daytime business hours, of entering and investigating the use of the premises, to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. IV. FAILURE TO COMPLY: The Owner understands and acknowledges that, pursuant to Section 4-11-8 of Moscow City Code, each verified violation of the approved use may result in the issuance of a misdemeanor citation pursuant to CITY and Idaho Code. OWNERS agree to pay all expenses incurred by CITY in enforcing this Declaration and Restriction of Use. V. BINDING ON HEIRS, ASSIGNS AND PURCHASERS: This Declaration and Restriction of Use shall run with the land affected hereby, as shall all covenants contained herein. This Declaration and Restriction of Use shall be recorded with the Latah County Recorder. VI. VENUE AND ATTORNEY FEES: The parties agree that should any provision of this Declaration and Restriction of Use be litigated in the future, venue for such litigation shall be with the District Court of the Second Judicial District of the State of Idaho in and for the County of Latah. VII. UNDERSTANDING: OWNERS have read and understood this Declaration and Restriction of Use and the contents thereof and have had the opportunity to avail themselves of legal and of other counsel before entering into this Declaration and Restriction of Use and before signing it, and hereby enter into it voluntarily, willingly, and without inducement of any kind. IN WITNESS WHEREOF, the parties have executed this Declaration and Restriction of Use to be effective the date first above written. OWNERS: CITY: ---PAGE BREAK--- STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) ACKNOWLEDGMENT On this 3rd day of September, 2014, before me, a Notary Public in and for said State, appeared Stephen Pat Wells, known to me to be the person named above and acknowledged that he executed the foregoing document as the duly authorized Property Owner, and has full legal authority to enter into this Agreement to bind the PcWt1'i?',,:nd does so at his own free will. PEr. JI 4 VA . = l 5 Notary Pub lie for the State of Idaho : BTAii>- \ Residing at JJ1J : \ i E Mycommissidpi3-J=?---/f' - c ! : e . . 0 , • • • R , U 9 ' ACKNOWLEDGMENT ' 111111111\\· STA TE OF IDAHO ) ) SS. COUNTY OF LATAH ) On this 3rd day of September, 2014, before me, a Notary Public in and for said State, appeared Sheila Wells, known to me to be the person named above and acknowledged that she executed the foregoing document as the duly authorized Property Owner, and has full legal authority to enter into this Agreement to bind the P{"E\MV 1 Afi