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Temporary Road Right of Way Easement with Sanford, John C. for Venable LaneJ~ ~ ~. 2880 Venable Lane Meridian, Idaho 83842 (208) 888.5595 March 18, 1992 Wayne Forrey City of Meridian 33 East Idaho Meridian, ID 83642 Dear Mr. Forrey: ~ ~a~A. g ~a c4 ~~.~ ~,~, a. J~o~-~ s~ r.~s-lr~ ~ ~t ~r n ~^ ~-~37rI ~~ ~.,,. ~~ ~~~a~ ~ ~fl3~aZ Per our telephone conversation, I am in agreement for granting a road right of way on Venable Lane, which is evident by my signature below. I have one stipulation however, that the speed limit be maintained at a maximum o 15 miles er hour. This request is being made due to the fact tha re the only residence on the lane proper and the dust created by traffic can be unbearable at times. It is also my understanding that the lane will restored wit fo inches of gravel after construction is completed. Si c~Sy, _ Sanford HUB OFTREASURE VALLEY A GOOd PIaCe LO Llve OFFICIALS COUNCILMEN JACKNIEMANN, ouy Clark Treasurer JANICE GASS CITY OF MERIDIAN R°E~OEATM°~A , BRUCE O. STUART, WalecWOrka SUpL ROBERT OIESLER WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MAx YERRINGTON EARL WARD, Waefe Weler Supl. KENNY BOWERS Fir Ckl i MERIDIAN IDAH083642 , a e , OMlrman ZOnlnpaMannina BILLGOROON, pOlioa CMel Phone 8884433 JIM JONNSON GARY SMITH, Clly Encloser GRANT P. KINGSFORD Mayor N]arclf 12, 1992 John C. SanFord 2(18(1 Venable lane Meridian, Idaho 83(142 Dear Mr. Sanford: The. City of Meridian has awarded a construction contract to Brown Construction Company to build a new l8 inch intercepter sewer along the South Slough. This new sewer line will allow future residential development in your area to connect to the Ciry's sewer system. Brown Construction would like to use Venable Lane to access the initial construction area. The City has discussed using Venable Lane with Mr. Erlan Venable and Mrs. Ora Venable. They do not object to allowing construction vehicles to use Venable Lane as long as the roadway is fully restored to its cunenl amdition after the constructon period. Brown Construction has indicated that they will improve Venable fare and bring in additional gravel and blade the road when they are finished. They also plan to widen the approach at Ustick Road to allow a better turning radius. Because you have access to Venable lane the city wanted you to be aware of this project and have you sign a TEMPORARY ROAD RIGHT-OF-WAY EASEMENT AGREEMENT, which allows the contractor to use this road. The City is administering [his construction contract so we will be monitoring Brown Construction on a daily basis. If there is any problem, the City will make sure it is corrected. Please review, sign and return the enclosed agreement to the City of Meridian as soon as possible. Now that weather is favorable [o construction, we are pushing forward with this project. If you have any questions please do not hesitate to contact me at City Hall (888-4433) or at my home (362-6007). Sincerely, Ciry of Meridian WaYn\~ Y, A Pr~jecet 9C~oFor~dinator Enclosure: Easement Agreement WSF:jIh C~~ TEMPORARY ROAD RIGHT-OF-WAY EASEMENT AGREEMENT THIS INDENTURE,. made this.3~ o day of ~ r, ~ , 1992, between John C. Sanford the undersigned, parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors are the owners of Venable Lane, or are owners of property abutting Venable lane and use said lane for access to their homes, residences and property, and Grantors desire to provide a temporary road right-of-way along and across Venable Lane; and WHEREAS, the Grantee is in need of obtaining access to sewer easements, both temporary and permanent, which have already or concurrently granted, for the construction of sewer lines. NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee a temporary road right-of-way easement along and across Venable Lane, which Lane is described in Exhibit "A" which is attached hereto and incorporated herein as if set forth in RIGHT-OF-WAY EASEMENT Page - 1 full. It is expressly uinderstood and agreed that Grantee, or its contractors, will use this temporary road right-of-way easement for access to and from sewer easments and construction of sewer lines along the South Slough and such use will include, but not be limited to, heavy construction machinery and vehicles. It is expressly understood and agreed, by and between the parties hereto, that the Grantee will timely complete the work of laying the sanitary sewer line and restoring the premises used therefor to a condition comparable with that existing prior to exercising this easement such that this Temporary road right-of- way is not used by the Grantee or its contractors longer than ONE HUNDRED EIGHTY (180) DAYS. It is understood and agreed that the Grantee will restore this temporary easement to a condition comparable to that existent prior to the undertaking the construction of the sewer line. The Grantors do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned Venable Lane or that they have the right to lawfully use said Lane and have the lawful right to convey said easement, and that they will warrant and forever defend use of said Lane against the lawful claims of all persons whomsoever. This temporary grant of easement shall run with the land and shall be binding on the heirs, executors, and assigns of the Grantors. RIGHT-OF-WAY EASEMENT Page - 2 IT WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first hereinabove writ-.ten. DATED This Zr '+ day of ~ A r • ~ , 1992. GRANTORS 7 i"'' N GRANTEE ~~r_~CIYANT'P. KI2 GS ~O MAYOR RIGHT-OF-WAY EASEMENT Page - 3 STATE OF IDAHO,) ss. County of Ada, ) On this 18thday of March in the year 1992, before me, the undersigned, a Notary Public in and for said State, personally appeared John C. Sanford and known to me to be the person or persons whose names is or are subscribed to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed mx official seal the day and year first above written. -SEAT: - ~_ ~A~~~ _ ~I tad' ary Publ~~/c~o .daho _ _ - Residing at Boise, ID Commission Expires ,~i~~ STATE OF IDAHO,) ss. County of Ada, ) On this ~ day of in the year 1992, before me, the undersigned, a otary Public in and for said State, personally appeared GRANT P. KINGSFORD and JACK NIEMANN, Mayor and City Clerk of the City of Meridian, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same in their respective capacities as Mayor and City Clerk. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,aa ~rsorroan X09 ~ ,1 ~ ~. 4\ ~~~ i d9~dp„; ,C SEAL ~^ r c no w `. ~ _ v o° n a ~~r r~:r:n rvt~ RIGHT-OF-WAY EASEMENT Page - 4 Exhibit A TEMPORARY ROAD RIGHT-OF-WAY AGREEMENT VENABLE LANE THE TEMPORARY ROAD RIGHT-OF-WAY SHALL BE 20 FEET WIDE, AND SHALL BE ADJACENT TO THE WEST AND PARALLEL TO THE FOLLOWING DESCRIBED LINE SITUATED IN THE NORTH 1/2 OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 1, TOWNSHIP 3 NORTH, RANGE t WEST, B.M.; THENCE N89°20'47'W ALONG THE NORTH LINE OF SAID SECTION 1 TO THE NORTH 1/4 CORNER OF SAID SECTION 1; THENCE S00°06'38'W ALONG THE NORTH-SOUTH MID-SECTION LINE OF SAID SECTION 1 A DISTANCE OF 25.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF USTICK ROAD, SAID POINT BEING THE REAL POINT OF BEGINNING. THENCE S00°06'38'W ALONG THE NORTH-SOUTH MID-SECTION LINE OF SAID SECTION 1 A DISTANCE OF 1,845.48 FEET TO A POINT, SAID POINT BEING THE TERMINUS OF THIS DESCRIPTION. BL\067