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. . . 5 6 7 2 9 ENCROACHMENT AGREEMENT 1821 VICTORIA DRIVE, MOSCOW, IDAHO THIS ENCROACHMENT AGREEMENT 1821 VICTORIA DRIVE, MOSCOW, IDAHO (hereinafter "Agreement"), by and between City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"), and Deborah L. Klein-Robertson and James F. Robertson, wife and husband, whose current address is 1821 Victoria Drive, Moscow, Idaho, 83843, owners of property located at 1821 Victoria Drive, Moscow, Idaho, 83843 (hereinafter "OWNER"). W I T N E S S E T H: WHEREAS, CITY is the owner of the Victoria Drive, public street right-of-way, within Anderson 1st Addition to the City of Moscow, Idaho, south of and adjacent to 1821 Victoria Drive; and WHEREAS, husband and wife are the exclusive and sole owner of the premises commonly known as 1821 Victoria Drive, and more particularly described as Lot 3, Block 2, Anderson 1st Addition Subdivision; and, WHEREAS, OWNER desires to partially encroach upon CITY's street right-of-way by the presence of a segmental block wall and wood fence; and WHEREAS, CITY is willing to allow the continued presence of the segmental block wall and wood fence on the street right-of-way; and WHEREAS, CITY is willing to permit such encroachments only under the terms of this Encroachment Agreement; NOW, THEREFORE, CITY and OWNER hereby agree as follows: 1. Description. CITY will permit OWNER to maintain the following described encroachments upon CITY right-of-way to the extent and in the manner described below: A. Premises. CITY-owned property described as the Victoria Drive public street right-of way contiguous with the length of OWNER's property at 1821 Victoria Drive. B. Encroached Space. The portion of CITY's Premises (as defined in 1.A., above) upon which OWNER's segmental block wall and wood fence will encroach, all as shown on Exhibit to this Encroachment Agreement, the same as if fully copied, transcribed, and adopted therein. ENCROACHMENT AGREEMENT- CITY AND DEBORAH L. KLEIN-ROBERTSON PAGE 1 OF5 ---PAGE BREAK--- , 56729'? 2. Use. OWNER shall have the right and privilege to utilize the above-ground Encroached Space only for the purpose of installing and maintaining a segmental block wall and wood fence. 3. Cleanliness. OWNER agrees that said Encroached Space shall be kept in good repair and in a neat, safe and sanitary condition, and that the Encroached Space shall be utilized in a manner so as not to endanger the safety or property of others. 4. Surrender of Premises and Return to Previous Condition. A. CITY may cause said Encroached Space to be vacated at any time and for any reason at OWNER's expense, following CITY's request that OWNER vacate said Encroached Space, within ninety (90) days of CITY's issuance of written notice to OWNER's last known address, as shown in the records of the Latah County Assessor's office. B. Should OWNER fail to vacate said Encroached Space within ninety (90) days of written notice sent by CITY requesting vacation of Encroached 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 Encroached Space. C. OWNER understands and agrees that CITY shall have the unqualified right to revoke this Encroachment Agreement and demand that OWNER vacate the Encroached 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 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 Encroached Space during normal business hours. 6. Assignability Clause. Neither this Encroachment Agreement nor the rights, privileges, or obligations herein shall be assigned to any other party without prior written consent of CITY; however, such assignment shall not be unreasonably withheld by CITY as long as the party to which this Encroachment Agreement is assigned agrees in writing to abide by all obligations contained in this Encroachment Agreement. Any attempted assignment of this Encroachment Agreement without prior written approval by CITY shall be immediately and automatically void. 7. OWNER agrees to indemnify, defend, and hold harmless CITY, and its officers, agents and employees, from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the acts and/or any performances or activities of OWNER and related to construction and maintenance of the Encroached Space and anything within such Encroached Space and any other encroachment in CITY right-of-way, specifically excepting any claims arising out of the negligence, gross negligence, and/or intentional acts of CITY or its officers, agents, or employees. 8. The mutual promises and covenants in this Encroachment Agreement shall constitute a covenant running with the land for the benefit of CITY, its successors and assigns, and the ENCROACHMENT AGREEMENT - CITY AND DEBORAH L. KLEIN-ROBERTSON PAGE20F 5 ---PAGE BREAK--- . . " 5 6 '7 2 'I terms, conditions, and covenants herein shall be binding upon and shall inure to the benefit of the successors and assigns of CITY and of OWNER. IN WITNESS WHEREOF, OWNER and CITY have caused this Agreement to be executed on the day of Bu'5·r , 2014. OWNERS: acDonald, P. E. irector of Public Works . \)OI OJ111./''" , Ë In Î , Ê Í . . , = ! "'OTAÒ)- \ - . . : - . . - " '.1suv - ACKNOWLEDGMENTS · r. . - ·23 . 0 STATE OF IDAHO ) ) ss: County of Latah ) ' $ OF \0 ' . On this 5_ day of , 2014, before me, a Notary Public in and for said State, appeared Les MacDonald, Directo f Public Works, known to me to be the person named above and acknowledged that he executed the foregoing Encroachment Agreement as the duly authorized representative of the City of Moscow, Idaho. Q\ DAv1' In , É • \J Ð . - • ot'.4A o - - : Ñ .-vyJ- \ - - : : = . . - - . . - - \ A . : - È , - : , Ì 0 , r ' STATE OF IDAHO '"y11f1 OF ) ss: County of Latah ) Public for the State ofldaho Resid1 g at 1 fr My commission expires _ On this day of Au.ti} , 2014, before me, a Notary Public in and for said State, appeared Deborah L. known to me to be the person named above and acknowledged that she executed the foregoing Encroachment Agreement as the exc l uo i e and sole owner of 1821 Victoria Drive, Moscow, Idaho. . f1Aj. Notar · ublic o the State of Idaho Resid" g at bt My commission expires _ ENCROACHMENT AGREEMENT- CITY AND DEBORAH L. KLErN-ROBERTSON PAGE3 OF 5 ---PAGE BREAK--- STATE OF IDAHO ) ) ss: County of Latah ) DAv1'1,.,. ' Å Æ \ I OTAJ:/1- ; i - : - ; \ : S l 0 - , • . . r " Ä "'11, . OF \0 5 6 7 2 'I On this 1_ day of Ai,yB-- , 2014 before me, a Notary Public in and for said State, appeared James F. Robertson kno n to me to be the person named above and acknowledged that he executed the foregoing Encroachment Agreement as the exclusive an sole owner of 1821 Victoria Drive, Moscow, Idaho. Public for the State ofldaho Rest ing at Al 'oi Dr'\ tJU.fT My commission expirs 7 1 ENCROACHMENT AGREEMENT- CITY AND DEBORAH L. KLEIN-ROBERTSON ! • PAGE40F 5 ---PAGE BREAK--- CITY OF MOSCOW ENGINEERING DEPARTMENT MOSCOW, IDAHO SCALE; I - 40 DATE; JULY 30, 20 I 4 DRAWN BY; C.EOWARCS OHKD. BY; EXHIBIT EXHIBIT ENCROACHMENT AGREEMENT- CITY AND DEBORAH L. KLEIN-ROBERTSON 567Z97 Local1ons assumed from visual inspection, rield measurements and aerial photos. DATE OY: CHK'D. BY: 18'21 Vlctorkl Or EnGroochm9nl f)(hbit.dw PAGE 5 OF 5