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5?4079 NO AT THE REQUEST OF UJVOitYff !f!L ENCROACHMENT AGREEMENT HENRIANNE K. WEi«aERG 402 NORTH LINCOLN STREET MOSCO IDAHO COUNTY EC ADER ' W, FEE$ BY: , ? ,..,JS.6'i '1wJ I Pio.r GP'v I t7 r ffo/.3 THIS ENCROACHMENT AGREEMENT 402 NORTH LINCOLN STREET, 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 Brian A. Points and Morgan Points, husband and wife, residents and owners of property located at 402 North Lincoln Street, Moscow, Idaho, 83843 (hereinafter "OWNER"). W I T N E S S E T H : WHEREAS, CITY is the owner of the Lincoln Street and Street public street rights-of-way, within Park Addition to the City of Moscow, Idaho, west and south of, and adjacent to 402 North Lincoln Street; and WHEREAS, Brian A. Points and Morgan Points are the exclusive and sole owners of the premises commonly known as 402 North Lincoln Street, and more particularly described as follows: The south half of Lot 5 and all of Lot 6, Block 1, Park Addition to the City of Moscow, as shown on the recorded plat thereof; ALSO, a vacated portion of Street described as follows: BEGINNING at the southwest comer of said Lot 6; thence east 125 feet along the south line of said Lot 6; thence south 5 feet; thence west, along a line parallel with and 5 feet south of the south line of said Lot 6, 125 feet; thence north 5 feet to the POINT OF BEGINNING; and, WHEREAS, OWNER desires to partially encroach upon CITY's street right-of-way by the presence of a fence; and WHEREAS, CITY is willing to allow the continued presence of the 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 Lincoln Street and Street public street rights-of-way contiguous with the length of OWNER's property at 402 North Lincoln Street. B. Encroached Space. The portion of CITY's Premises (as defined in I.A., above) upon which OWNER's 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 POINTS PAGE I OF 5 2-0\ 5-5\ ---PAGE BREAK--- . . • I 574079 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 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 POINTS PAGE20F 5 ---PAGE BREAK--- . . . . 574079 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 WI.TNESS WHEREOF, OWNER and CITY have caused this Agreement to be executed on the ·1J1+1--day of Ayi I , 2015. . STATE OFIDAHO ) ) ss: County of Latah ) e uector of Public Works ACKNOWLEDGMENTS On this '#day of fun I , 2015, before me, a Notary Public in and for said State, appeared Brian A. Points, known to me to be the person named above and acknowledged that he execu,e,Q1 tbe' fpregoing Encroachment Agreement as the exclusive and sole owner of 402 North Lincoln St,gd1Y1.!dahq: 0 1 ' , º h ' 1 ) ' • • v j = i QOTRJ- \ : i _ : ; \ J i • • • • , r . . . , O OF \Q ---PAGE BREAK--- . . ST ATE OF IDAHO ) ) ss: County of Latah ) 5?4079 On this day of t , 2015, before me, a Notary Public in and for said State, appeared Les MacDonald, DirectOffPublic 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. DAv1''>,. N s r q · . ¶ - • OT.4u • - - : ¹· • - : · , i = i : = \ '°LISL\v J ¸ - ' U'i.. 0 t , . . µ ' def I: OF \Q ENCROACHMENT AGREEMENT - CITY AND POINTS PAGE40F 5 Public nn e State ofldaho ng at J-t/ I/ tJf"\. 1 lJ\)A My commission expires 111 ) ---PAGE BREAK--- wl - I • 80' RJW w w L Parcel Boundary Fence QITY OF MOSCOW PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION MOSCOW, IDAHO SCALE: 1, "10, DATE: APRIL 23, ZO 1 5 DRAWN BY: R. CRUMLl:"Y CHK'D. BY: ENCROACHMENT AGREEMENT 402 N. LINCOLN STREET EXHIBIT 57.4019 Note: This: property has not been surveyecl. Locations assumed from visual inspection. field measurements and aerial photos. ORAVll< DAT£ BY: CHK'D, BY: 402 N Liricoln [ntroochrnent Exhibitd.w·