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430356 RESTRICTION ON THE USE OF BUILDING ON REAL PROPERTY This Restriction on the Use of Building Structure on Real Property (hereinafter referred to as "Restriction") is entered into this :LzF"" day of 1997, by and between KAY T HULT and BARBARA HULT, husband and wife (hereinafter referred to as "Owners"), owners of real property described hereinbelow which is affected by this Restriction, and the CITY OF MOSCOW, IDAHO a municipal corporation of the State ofldaho (hereinafter referred to as "City"). WHEREBY• Owners own the following-described real property hereinafter referred to as the "Property") situated in the Moscow Area of Impact, County of Latah, State of Idaho, to-wiL A parcel of land in the west half of the Northwest quarter of Section 5, Township 39 North, Range 5 West Boise Meridian, Latah County, Idaho described as follows Commencing at the Northwest corner of Section 5, thence South 00°10'20" East, 894.0 feet; thence South 89°10'20" East, 894.0 feet; thence South 89°43'19" East, 587.2 feet; to the POINT OF BEGINNING; thence South 89°43'19" East, 295.63 feet, thence South 04°40'00" East, 285.00 feet; thence North 89°43'19" East, approximately 317 feet to a point which is South 00°10'20" East from the point of beginning approximately 285 feet, which line is perpendicular to the northern boundary of said property; thence North 00°10'20" West, approximately 285 feet to the POINT OF BEGINNING. 2. Owners desire to have constructed on the above-described property, a second detached dwelling unit which will be a single-family dwelling as defined by the City of Moscow City Code Section 4-11-9 and Uniform Building Code as adopted by the City. 3. In consideration of the permission granted by City and Latah County by Latah County Building Permit No I b 7 for the conversion of the existing duplex on the above-described Property into a single-family dwelling which contains two separate kitchens and living areas, Owners agree to limit the use of the converted duplex after construction as follows A Owners acknowledge that currently the Property is appropriately zoned Suburban Residential (SR) and that two-family dwellings as defined by the Moscow City Code Section 4-11-9 are not permitted in such zone. AGREEMENT TO RESTRICT THE USE OF REAL PROPERTY PAGEl 97-43 ---PAGE BREAK--- B. The converted duplex will be occupied by one family and be a single family dwelling as defined by Moscow City Code Section 4-11-9 so long as the Property is zoned for single-family residence use by Moscow City Code Section 4-11-9. Should such zoning change to a zone allowing at least a two-family dwelling on such Property, this particular restriction at 3 .B will cease and shall have no further effect. 4. The Latah County Planning and Zoning Commission gave approval on August 12, 1992, tor a second and detached dwelling on the Property, which Owners now desire to have constructed. [See Latah County Planning and Zoning Commission August 12, 1992 minutes and August 21, 1992 Findings of Fact and Conclusions of Law.] The City, in the spirit of the Area of Impact Agreement with Latah County, is desirous of honoring land use decisions made by Latah County prior to the City's acceptance of responsibility over the Area of City Impact, including the decision by Latah County to allow the construction of the second detached dwelling on the property. 5. The current physical conditions at the Property and the neighborhood and/or area around the Property do not appear to have changed in any obvious, substantive manner which would invalidate the Findings of Fact and Conclusions of Law made by the Latah County Planning Commission regarding the appropriate use of the Property. 6. A Latah County building permit will be required prior to the construction or placement of a second and detached single-family dwelling on the Property. This Restriction shall be binding upon the Owners, Clayton Hult, Pamela Hult, heirs, successors, assigns and purchasers of and from Owners, including, but not limited to, Clayton Hult and Pamela Hult, and shall run with the land and bind the Property affected hereby. AGREEMENT TO RESTRICT THE USE OF REAL PROPERTY PAGE2 ---PAGE BREAK--- 430356 IN WITNESS WHEREOF, Owners, Kay T. Hult and Barbara Hult, have executed this Restriction to be effective this day of Jfy:;OJ?:et , 1997. 41(;#4/1 Kay ' T ult:Wm;r /;;67 1 Barbara Hult, Owner ACKNOWLEDGMENT STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) On this day of 1997, before me, a Notary Public in and for said State, appeared Kay T. Hult and Barbara Hult, husband and wife, known to me to be the persons named above and acknowledged that they executed the foregoing document /Zt- tt%; Notary Public in and for L/ State ofldaho Residing at Commission;£-:; ACKNOWLEDGMENT STATE OF IDAHO ) ) ss COUNTY OF LATAH ) On this day of 1997, before me, a Notary Public in and for said State, appeared Clayton Hult and Pamela Hult, husband and wife, known to me to be the persons named above and acknowledged that they executed the foregoing document AGREEMENT TO RESTRICT THE USE OF REAL PROPERTY PAGE3 ---PAGE BREAK--- agr.::cmenH Iult.dm AGREEMENT TO RESTRICT THE USE OF REAL PROPERTY Residing at tvtosEv.1 IO Commission Expires ' D o 3 ' I 430356 AT THE Pf"BJEST OF: ( eM tJ!' nor;;: CW I 0 It 0 f.c:2 q. A tl LA@Y,. fv 7 3 ni!Scow PAGE4