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NO 7'7195 AT THE Fl QUEST OF f.lr:JL or-m()fco/ THIS DEED RESTRICTION FOR THE DECLARATION OF OWNER OCCUPANCY RESTRICTION BETWEEN CITY OF MOSCOW, IDAHO, AND RODERICK OLPS (hereinafter "DEED RESTRICTION") entered into the day of Tebruru- , 2016 by and between the City of Moscow, Idaho, a municipal corporation of the State Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY") and Roderick Olps, owner of property located at 626 South Adams Street, Moscow, Idaho, 83843 (hereinafter "OWNER"); W I T N E S S E T H : WHEREAS, OWNER is the present owner of certain real property located in the City of Moscow, State ofldaho, more particularly described as Lot 1, Block 1, McGregor's 2"d Addition (hereinafter "Property"); and WHEREAS, OWNER and/or persons acting on behalf of OWNER propose to construct an Accessory Dwelling Unit on said Property; and WHEREAS, Section 4-12-7 of the Zoning Code of the City of Moscow conditions the construction and/or conversion, and occupancy of Accessory Dwelling Units as follows: 1. Prior to the issuance of a building permit for an Accessory Dwelling Unit, the Property owner must record a deed restriction upon the Property which states that the Property owner will reside on the Property, within either the principal dwelling or Accessory Dwelling Unit. The deed restriction must be approved by the City Attorney and shall be binding upon the heirs, assigns, and subsequent purchasers of the Property. 2. Owner occupancy means a property owner, as reflected in real property records, who makes his or her legal residence at the Property, as evidenced by voter registration or similar means and actually resides at the Property for more than six months out of any given year. Owner occupancy may also include a named natural person with an ownership or benefit in a private trust, but shall not extend to corporate trusts. 3. The Community Development Director may waive this requirement for temporary absences of greater than six months for military service, employment sabbatical, or family medical leave qualified absences. Temporary leave waivers for other reasons must be reviewed and approved by the City Council. 4. In the event the OWNER is unable to reside on the Property as required herein, only one of the dwelling units on the Property may be occupied. WHEREAS, CITY desires to ensure compliance with Section 4-12-7 of the Zoning Code of the City of Moscow for perpetuity; and OWNER OCCUPANCY DEED RESTRICTION - RODERICK 0LPS PAGE 1 OF3 ---PAGE BREAK--- I o 57?195 WHEREAS, OWNER enters into this DEED RESTRICTION of their own free will and accord, without coercion and without inducement and at OWNER's request; NOW, THEREFORE, CITY, and OWNER hereby agree as follows: 1. In order to ensure compliance with Section 4-12-7 of the Zoning Code of the City of Moscow, OWNER hereby agrees to reside on Property within either the principal dwelling or Accessory Dwelling Unit for more than six months out of any given year, unless otherwise allowed by the issuance of a temporary leave waiver per Section 4-12-7(B)(4)(c). 2. OWNER hereby agrees that, in the event OWNER is unable to reside on Property as required herein, only one of the dwelling units on the Property may be occupied. 3. Said DEED RESTRICTION shall not be extinguished without prior written consent from CITY after verification that the Accessory Dwelling Unit has been removed or modified to be deemed compliant with the requirements of the zoning district in which Property is located. 4. For the purpose of this DEED RESTRICTION, the addresses of the parties shall be as follows: OWNER Roderick Olps 626 South Adams Street Moscow, Idaho 83843 5. FAILURE TO COMPLY: CITY City of Moscow P 0 Box 9203 206 East Third Street Moscow, Idaho 83843 OWNER agrees to pay all expenses incurred by CITY m enforcing this DEED RESTRICTION. 6. BINDING ON HEIRS, ASSIGNS AND PURCHASERS: This DEED RESTRICTION shall be binding upon the heirs, assignees of the parties, and subsequent purchasers of the Property described herein. 7. COVENANTS TO RUN WITH LAND: This DEED RESTRICTION shall run with the land affected hereby, as shall all covenants contained herein, and shall be to the benefit of CITY, its successors and assigns. This DEED RESTRICTION shall be recorded with the Latah County Recorder. 8. VENUE AND ATTORNEY FEES: The parties agree that, should any provision of this DEED RESTRICTION 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. 9. UNDERSTANDING: OWNER has read and understands this DEED RESTRICTION and the contents thereof and has had the opportunity to avail himself of legal and of other counsel before entering into this OWNER OCCUPANCY DEED RESTRICTION - RODERICK 0LPS PAGE20F 3 ---PAGE BREAK--- I • DEED RESTRICTION and before signing it, and hereby enters into it voluntarily, willingly, and without inducement. IN WITNESS WHEREOF OWNER, by and through its representative, and CITY, by and through its representative, have caused this DEED RESTRICTION to be executed on the day of Tebeun..r'b ' 20 JSQ_. OWNER: CITY: Roderick Olps Community Development Director ATTEST: Arule Peterson, Deputy City Clerk APPROVED AS TO FORM: Roderick Hall, City Attorney ACKNOWLEDGMENT STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) On this 9 day of Jebr , 201&, before me, a Notary Public in and for said State, appeared Roderick Olps, kn¢ e to be the person named above and acknowledged that he executed the foregoing document as the duly authorized representative. Notary Public(!fp Residing at" My commission OWNER OCCUPANCY DEED RESTRICTION - RODERICK 0LPS PAGE 3 OF3