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ENCROACHMENT AGREEMENT This agreement entered into the D day of December, 1993, by and between the City of Moscow, a Municipal Corporation of Idaho, herein and after referred to as the 'CITY' and Allison Blakemore, herein and after referred to as the 'OWNER', owner of property located at 931 and 933 Vandal Drive, Moscow, Idaho; WITNESSETH: WHEREAS, the CITY is the owner of property located adjacent to premises at 931 and 933 Vandal Drive, Moscow, Idaho; and, WHEREAS, the OWNER owns the premises described at the above address; and, WHEREAS, the OWNER desires to encroach upon the presently unused portion of the City property for purposes of calculating zoning setback requirements and access to OWNER's property; and, WHEREAS, the CITY is willing to permit encroachment under the terms of this agreement. such NOW, THEREFORE, the CITY and the OWNER hereby agree as follows: 1 . The CITY wi 11 permit the OWNER to cons true t the following described IMPROVEMENT which will encroach upon City right-of-way in the manner described below: An access driveway from Vandal Drive to OWNER r s property. 2. The CITY will permit the OWNER to utilize the property described in the attached legal description in calculation of required front yard setbacks. 3. Plans, drawings and/or specifications for the improvement must be approved by the City Engineer or City Council prior to any construction on City property. 4. The OWNER hereby assumes all liability for the improvement and shall hold the CITY harmless and defend any claim against the CITY related to said improvement. ---PAGE BREAK--- 5. The CITY may cause said improvement to be removed from the City right-of-way by requesting that the OWNER remove said encroachment within ninety (90) days of receipt of written notice. 6. Should the OWNER fail to remove said improvement within ninety (90) days of receipt of said written notice, the CITY may cause said improvement to be removed without further notice to the OWNER and the OWNER shall be responsible for all expenses incurred by the CITY in removing said improvement, including court costs and reasonable attorney's fees. 7. For the purpose of this agreement, the addresses of the parties shall be as follows: City of Moscow P. O. Box 9203 Moscow, ID 83843 OWNER: This agreement shall be in full force and effect for so long as said encroachment remains upon City property. IN WITNESs WHEREOF, the OWNER and the CITY, by and through its Mayor and Ci Clerk , e cthis agreement to be executed on the C day of QR , 1993. I OWNER: ATTEST: ---PAGE BREAK--- STATE OF I_DA_H_O _ ss County of on this 17th day of December , 19_93, before me a Notary Public in and for said State, appeared Alliston I Blakemore , and acknowledged to me that he/she executed the foregoing agrEemen t. STATE OF LATAH County of ss t:L Notary Publ ic in and for State of --pIqdwauhun _ On this 17th day of December , 19, before me a Notary Public in and for said State, appeared Paul c. Agidius and Elaine Russell, known to me to be the Mayor and City Clerk of the City of Moscow and acknowledged to me that they executed the foregoing agreement. / Notary Public in and for State of _ ---PAGE BREAK--- • '45" E Lot 1 Tower Blk 3 Addition 71.83' N 89'55'17 E . . _ . . . P- . \ t 0 z 0 0 0 en J City of Moscow Record {80') 7200 Sq. Record Ft. : g _ - . . . : . . . . . . . - : . . ---PAGE BREAK--- ' ;r \ j . . ; O . ' L ! i . . ; . ' M I B0 : i · . . f . . ; L . . _ . . ·t i- . . . . , . . . N . . . . j - . ' ; . , I : . . _ _ _ . I e _ - - . . . . . . . 1. , . . A