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FENCE ENCROACHMENT AGREEMENT 546713 No. . • .JJ"Jt? AT THE REQUEST OF: f1tb.;c 12..; ttt::y o£ A1oscot£"''sc(J';g DATE UiCJU%/';yj A1•r1•hCiiJ¢ Cf\)-1/f I )IW SUSAN FETE.I1SEN LATAH 7NTY RE R Fee$ BY THIS ENCROACHMENT AGREEMENT (hereinafter "Agreement") shall be effective ' the -D ' ay of &pt , , 2011, by City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter "CITY"), 206 East 3rd Street, Moscow, Idaho, 83843, in behalf of the owner of a fence on property located at 510/512 South Grant Court, Moscow, Idaho, 83843 (hereinafter "OWNER"); W I T N E S S E T H: WHEREAS, CITY is the owner of a six foot wide Walkway Easement (Latah County Recording No. 293802) located on the east boundary of 510/512 South Grant Court, Moscow, Idaho (hereinafter "Encroaching Space"); and WHEREAS, OWNER is the record owner of 510/512 South Grant Court, Lot 2 of Block I of the East Sixth Street Addition to the City of Moscow, Idaho; and WHEREAS, OWNER's six foot high wooden fence encroaches upon a portion of CITY right-of-way by utilizing space in CITY's Walkway Easement herein described; and WHEREAS, CITY is willing to permit such encroachment only under the terms of this Encroachment Agreement; NOW, THEREFORE, CITY agrees as follows: 1. Description. CITY will permit OWNER to utilize above-ground space in the following described encroachment which will encroach upon CITY right-of-way in the manner described below: A Premises. The property comprising the existing above-ground space within Walkway Easement Number 293802, as recorded at Latah County, Idaho, and as shown in Exhibit to this Encroachment Agreement. B. Encroaching Space. A six foot high wooden fence located on the east boundary of 510/512 South Grant Court, Lot 2 of Block 1 of the East Sixth Street Addition to the City of Moscow, Idaho, and as shown in Exhibit to this Encroachment Agreement. 2. Use. OWNER shall have the exclusive right and privilege to utilize only the above-ground Encroaching Space for the currently existing six foot wooden fence. 3. Cleanliness. Encroaching Space shall be kept in good repair and in a neat, safe and sanitary condition by OWNER and that the Encroaching Space shall be utilized by OWNER in a manner so as not to endanger the safety or property of others. 4. Surrender of Premises and Return to Previous Condition. FENCE ENCROACHMENT AGREEMENT {20 I I) PAGE I Or2 Z,Dll·*q ---PAGE BREAK--- 546713 A. CITY may cause said Encroaching Space (including, but not limited to, the wooden fence) to be vacated at any time and for any reason and at OWNER's expense following CITY's request that OWNER vacate said Encroaching Space and within ninety (90) days of OWNER's receipt of written notice. B. Should OWNER fail to vacate said Encroaching Space within ninety (90) days of OWNER's receipt of written notice by CITY requesting such vacation of Encroaching Space, CITY may cause said vacation without fmther notice to OWNER and OWNER shall be responsible for all expenses incurred by CITY in ensuring vacation of Encroaching Space. C. OWNER agrees that CITY shall have the unqualified right to revoke this Encroachment Agreement and demand that OWNER vacate the Encroaching 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 public 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 Encroaching Space at any time. 6. Assignability Clause. Neither this Encroachment Agreement nor the rights, privileges, or obligations herein shall be assigned to any other person, business, owner or party. 7. This Encroachment Agreement shall constitute a covenant running with the land for the benefit of CITY, its successors and assigns. IN WITNESS WHEREOF, OWNER and CI and thrayor and City Clerk, have caused this Agreement to be executed on the day of bet(20 11. CITY OF MOSCOW, IDAHO FENCE ENCROACHMENT AGREEMENT (2011) PAGE2 OF 2 ---PAGE BREAK--- 0 510/512 SOUTH GRANT COURT EXHIBIT ENCROACHMENT AGREEMENT 54671;) - .-ME T LATAH COUNTY )MBi!R 293802, 4*21·1978 0 FIFTH S:T. GRANT CT. ENCROACHMENT AREA j SIXTH ST. 20' 80' Thts map ts provided forreference purposec only and is ni!lt intenQed to depict: exact location of propertyline·s oro.therfeatures shown. Please do not decfslons based on this product befoJ:a ihdAnd>1'tN!nHv.v tu1AtJJO(Ht.u>i EXHIBIT PAGE I OF 1