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AGREEMENT FOR DEDICATION OF PARKLAND This Agreement is entered into this 24th day of August , 1992, by and between MOSER ESTATES LAND TRUST (Developer) being the owner and developer of real property affected by this Agreement, for and in consideration of one dollar ($1.00) and other valuable considerations in hand paid, receipt for which is hereby acknowledged, and the CITY OF MOSCOW, a municipal corporation of the State of Idaho (City) the following: RECITALS: 1. Developer owns real property within and adjacent to the Moscow City limits known as Moser Estates Second, Third and Fourth Additions to the City of Moscow; 2. The City and Developer desire to provide recreational opportunities to the residents of the City, including the residents of Moser Estates Second, Third and Fourth Additions to the City of Moscow; 3. The Developer has met the Parkland Dedication requirement set by the Moscow Subdivision ordinance for the aforesaid Additions; 4. The Developer agrees to provide an additional acre of parkland dedicated for public use, and the City agrees to accept the same. NOW, THEREFORE, Developer and the City hereby agree as follows: I. Developer agrees to dedicate one additional acre of land to the City for use as parkland in addition to the one acre previously agreed to be dedicated by that certain instrument known as the Development Agreement executed by the City and Developer dated July 2, 1990. The location of this additional acre shall be adjacent to the acre dedicated by the Development Agreement dated July 2, 1990, and shall be within that certain parcel of land owned by Developer as described on Exhibit attached hereto and incorporated AGREEMENT FOR DEDICATION OF PARKLAND PAGE 1 ---PAGE BREAK--- herein by this reference, the exact location of which will be agreed upon by Developer and the City at the time the City requires a legal/metes and bounds description of the location of said parkland. II. The City agrees that Developer shall have the right to farm without charges the parkland described in this Agreement until such time as the City develops the same for use as parkland. III. If either party fails to comply with any term of this agreement, the other party, after twenty (20) days written notice to the other party, may seek specific performance of this Agreement or take any other action available at law or in equity. IV. This Agreement shall be binding upon the heirs, successors, assignees and purchasers of the parties. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective the date first above written. DEVELOPER: MOSER ESTATES LAND TRUST B u u.o_, [22 . ) l/ ) Durward J. Moser, Tru e FOR THE CITY OF MOSCOW, IDAHO: ATTEST: Elaine Russell, ity Clerk AGREEMENT FOR DEDICATION OF PARKLAND PAGE2 ---PAGE BREAK--- Situate in tlle Cou;.;:y of Latal1, State of Idaho, toÙ it: A parcel of land lor:ated in the /.'El/4 Sl'l/4 of Section 9, T39N, RSIJ BM, and being more particularly described as follows: Beginning at Lhe west quarter corner of said Section 9, said point being a brass cap monument located at the intersection of Mt. View Road and D Street, thence S 89 degrees 12' 08" E, 1545.25 feet along the centerline of D Street and of said Section thence S 00 degrees 36' 28" W, 485.48 feet to the True Point of Beginning. Thence s 89 degrees 12' 08" E, 52.38 feet; Thence s 00 degrees 47' 52" r..l, 4 . 29 feet; Thence s 89 degrees 12' 08" E, 831.25 feet; Thence N 00 degrees 47' 52" E, 4.29 feet; Thence s 89 degrees 12' 08" E, 220.57 feet; Thence s 00 degrees 431 51" 820.97 feet; Thence N 89 degrees 30' 24" r..l, 1094.81 feet; Thence N 00 degrees 041 44" E, 826.74 feet to the True Point of Beginning. Said parcel contains 20.71 acres. EXCEPTING: A parcel of land located in the NEll SÜl/4 of Section 9, T39N, RS\.1 BM, and being more particularly described as follows: Ecbi>?i@g at ule wesÚ quarÛer corner of said Section 9, located at the intersection of Ht. View Road and D Street, feet along the centerline of D Street and of said Section 9, feet to the True Point of Beginning of this description. Thence S 89 degrees 121 08".E, 52.38 feet; Thence s oo degrees 7 I 521' 4.29 feet; J Thence s 89 degrees 12' 08" E, 596.06 feet; Thence S 00 degrees 471 52" w, 310.71 feet; Thence s 75 degrees 03' 45" lol, 202.86 feet; Thence N 82 degrees 49' 1511 451.98 feet; said point belilg a brass cap monument thence S 89 degrees, 12' 08" E, 1545.25 Thence S 00 degrees 36' 28" r..l, 485.4.8 Thence N 0 degrees 041 44" E, 319.68 feet to the True Point of Beg inning. Said parcel contains 5.05 acres.