Temporary Construction Easement Sewer Lynette May TrustRIGHT OF ENTRY AGREEMENT
This RIGHT OF ENTRY AGREEMENT FOR SEWER SERVICE CONSTRUCTION
("Agreement") is made and entered into this 22 day of bC-i+pbPJlr , 2019, by and
between the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of
Idaho ("Meridian" or "City"), and LYNETTE MAY FAMILY TRUST, the owner of the property at
3096 N Elisha Ave., Meridian, Idaho (hereinafter "Customer") (collectively, "Parties").
WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho Code
Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and
control municipal activities within the City;
WHEREAS, Customer is the owner of parcel number R4588110770, located at 3096 N Elisha
Ave., Meridian, Idaho, in Ada County, Idaho (hereinafter "Subject Property");
WHEREAS, the City is authorized by Idaho Code section 50-332 to operate and maintain a
domestic sewer system, and the City does exercise such authority, including by the adoption and
enforcement of Title 9, Chapter 4, Meridian City Code;
WHEREAS, the Subject Property has a sewer service that has a sag originating on or near the
Subject Property, through the right of way, to the sewer main installed in N Elisha Dr.;
WHEREAS, the City is responsible for the operation and maintenance of the sewer service
frpm the tap at the sewer main to the property line;
WHEREAS, the City will need to perform an exploratory excavation to determine how best to
proceed with repairs. The City may need to repair or construct a new sewer service from the sewer
main to a point on the Subject Property where the sewer service can be installed per International
Building Code; and,
WHEREAS, the City desires to obtain the Customer's permission to enter onto the Subject
Property, on a temporary basis, to perform the exploratory excavation and/or construction of a new
sewer service or repair of the existing sewer service;
NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and
agreements herein contained, the Parties agree as follows:
AGREEMENT
1. Right of Entry. The Customer hereby grants to the City and its agents, employees and
contractors the temporary right to enter onto the Subject Property for the purpose of
performing the exploratory excavation and/or construction of a new sewer service, and no
other purpose.
2. Term. The term of this Agreement shall automatically terminate sixty (60) days from the date
first herein written above unless earlier terminated as provided herein. The term may be
extended by written agreement of the Parties. This Agreement is subordinate to all prior or
future rights and obligations of the Customer in the Subject Property, except that the
Customer shall grant no rights inconsistent with the reasonable exercise by the City of its
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IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year
herein first written.
CUSTOMER:
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*L�TTE MA FA Y TURST
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STATE OF IDAHO
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County of ) '/^
I HEREBY CERTIFY that on this � day of
before the undersigned, a Notary Public in the State of Idaho,
personally appeared LYNETTE MAY FAMILY TRUST, proven to
me to be the person who executed the said instrument, and
acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal, the day and year in this certificate first above
written. ,
N&W Public for Idaho ,
Residing at l y-76 I/ g Idaho
My Commission Expires: oil /c;J p9%
CITY OF M
BY: Atte
Tamm e eerd, Mayor
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E ID
IDAHO
SEAL
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