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541019 SEWER SERVICE REQUEST, CONSENT TO CITY ANNEXATION, AND HOLD HARMLESS AGREEMENT October 27, 2010 Subject Property: 2215 Orchard Avenue, Moscow, Idaho Owners of Subject Property: C.M. Shaffer and Beverly Shaffer I. We, C.M. Shaffer and Beverly Shaffer, ("Owners"), are record property Owners of land commonly known as 2215 Orchard A venue ("Property") which lies outside City of Moscow, Idaho ("City") corporate limits and within Latah County, Idaho. 2. The legal description of the Property is as follows: A parcel of land located in Government Lot 2, Section 5, T39N Range 5 WBM and being more particularly described as follows: Beginning at a point 30.0 feet S. 89° 25' W. of the Southeast corner of Lot Two of Section Five Township Thirty-nine (39) North, Range Five West Boise Meridian and on the South Line of said Lot Two and running thence S. 89°25' W. 250.0 feet on said south line of Lot Two thence N. 00°24' W. 150.9 feet on a line parallel to East line of said Lot Two thence N. 89°36' E. 250.0 feet to a point 30.0 feet West of the East line of said Lot Two thence S. 00°24' E. 150.1 feet on a line parallel to and 30.0 feet West of said East line of Lot Two to the point of beginning; and A parcel of land as follows: A parcel of land located in Government Lot Two Section Five Township Thirty-nine (39) North, Range Five West Boise Meridian describe as beginning at the Southeast corner of said Lot Two thence S 89°25' W, 30.0 feet along the south line of said Lot Two thence N. 0°24' W. 150.10 feet to the point of beginning; thence S. 89°36, W. 250.0 feet; thence N. 69°32' W. 122.95 feet; thence N. 89°36' E. 364.89 feet; thence S. 0°24' E. 43.79 feet to the point of beginning; and A parcel of land described as follows: Beginning at a point 280.0 feet S. 89°25' W. of the Southeast corner of Lot Two of Section Five Township Thirty-nine (39) North, Range Five West Boise Meridian and on the South line of said Lot Two and running thence S. 89°25' W. 250.0 feet on said South line of Lot thence N. 00°24' W. 63.0 feet, more or less, on a line parallel to the East line of said Lot to a point on the Southeastern boundary line of a proposed street; thence in a northeasterly direction 189.5 feet, more or less, on a curve, on said Southeastern boundary line to a point located 195.0 feet N. 00°24' W. and 395.0 feet S. 89°25' W. of said Southeast corner of Lot Two thence S. 69°32' E. 122.95 feet; thence S. 00°24' E. 150.9 feet to the point of beginning. 3. We hereby request that we be allowed to connect to the City sewer system. SEWER SERVICE REQUEST; CONSENT TO CiTY ANNEXATION PAGE I OF3 0 20IO{pl/ ---PAGE BREAK--- 541019 4. We understand that there is a fee associated with both the sewer connection and sewer service and that, after payment of the one-time sewer connection fee, we will be charged for City services at the rate established by the City Council. We agree to pay for all of the usual costs related to City sewer connection and City sewer service. 5. We have read and understand our rights and options under Title 50, Chapter 2 of the Idaho Code regarding annexation (l.C. § 50-222). 6. We have requested that City provide sewerage services to the Property because of the failure of its septic system and because the Property lies adjacent to City limits. 7. We understand that, although the City is not currently seeking to annex the Property, the City may do so in the future upon the occurrence of one or more of the following: A. The decision by City Council to annex the Property; B. The provision of both City water and City sewer services to the Property; or C. When the Property is completely surrounded by other properties which lie within City limits. 8. We hereby agree to City annexation and give our consent to City annexation of the Property upon the occurrence of any of the events listed in no. 7 hereinabove. 9. Our consent to City annexation is freely given and will continue to run with the Property and is binding on our agents, heirs, and assigns. This consent to city annexation is not given through any inducement or pursuant to any threat or coercive action. 10. Indemnification And Hold Harmless. We, as Property Owners, hereby agree to indemnify, defend, and hold harmless the 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 the Property Owners, Property Owners' agents, employees, or representatives under this Agreement. We, the Property Owners specifically agree to indemnify, defend and hold harmless the 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 interruptions of sewerage services and/or use of the sewer system on the Property. Signed C.M. Shaffer Signed¥rf everly Shaffer SEWER SERVICE REQUEST; CONSENT TO CITY ANNEXATION Date _ Date_l_/--- ;;?o/tf PAGE2 OF3 ---PAGE BREAK--- ' . STATE OF IDAHO ) ) ss. COUNTY OF LATAH ) ACKNOWLEDGMENT On this 5 day of No() fm b..iN , 20 I 0, before me, a Notary Public in and for said State, appeared C.M. Shaffer, known to me to be the person named above and acknowledged that he executed the foregoing document as the duly authorized Property Owner, and has full legal authority to enter into this Agreement to bind the Property, and does so at his own free will. STATE OF IDAHO ) ) ss. COUNTY OF LATAH ) ACKNOWLEDGMENT 11 On this ) day of d)O u-e.LW , 2010, before me, a Notary Public in and for said State, appeared Beverly Shaffer, known to me to be the person named above and acknowledged that she executed the foregoing document as the duly authorized Property Owner, and has full legal authority to enter into this Agreement to bind the Property, and does so at her own free will. 541019 SEWER SERVICE REQUEST; CONSENT TO CITY ANNEXATION