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HomeMy WebLinkAboutWalmart Real Estate Business Trust Utility Easement ADA COUNTY RECORDER J. DAVID NAVARRO 10 BOISE IDAH012/23/02 04:18 PM DEPUTY Jamie Parsons RECORDED—REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III Transnaaon Title&Escrow 102155331 AMOUNT 30.00 This sheet has been added to document to accommodate recording information. 1 I Meridian,ID#2862 UTILITY EASEMENT rr� THIS UTILITY EASEMENT is entered into as of the )l day of December, 2002 by and between Wal-Mart Real Estate Business Trust, a Delaware business trust, whose address is 702 S.W. 8th Street,with offices at 2001 S. E. loth Street,Bentonville, Arkansas 72716-0550, c/o #44-9384 Realty Management (Grantor"), and James R. Wylie, whose address is 1676 N. Clarendon Way,Eagle,Idaho 83616("Grantee") WITNESSETH WHEREAS, Grantor is the owner of that certain tract or parcel of land situated in the City of Meridian, County of Ada, State of Idaho, more particularly described in Exhibit A attached hereto and made a part hereof("Grantor Tract"); and WHEREAS, Grantee has requested from Grantor and Grantor is desirous of granting to Grantee, a nonexclusive easement for the extension of utilities more particularly described on Exhibit B attached hereto and made a part hereof("Utility Easement") and as depicted on the site plan attached hereto and marked Exhibit C,and NOW THEREFORE, in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant to Grantee a nonexclusive easement for utility extensions over, across and under those identified portions of Grantor Tract, subject to the following terms and conditions to which the parties hereto do hereby agree: 1. Easement for Extension of Utilities. Grantor hereby grants to Grantee a nonexclusive easement for the extension of utilities that may be needed for making underground utility connections for the specific purpose of developing a 1.7 acre parcel located across Fairview Avenue to the northeast of Grantor Tract. Such easement shall be at the location indicated on Exhibit B and Exhibit C attached hereto and made a part hereof. Grantee agrees to repair any damage caused to Grantor's Tract that is a direct result of the acts or negligence of Grantee, its customers, employees, invitees, or contractors in installing, extending, maintaining, removing,or repairing the utilities. In the exercise of such rights, Grantee shall not take or cause to be taken any action which would constitute a material change to the original civil engineering plan for the Grantor's Tract and Grantee shall use reasonable efforts to minimize to the extent reasonably practicable any damage to or interference with the use and enjoyment of any other tract or of any business conducted thereon. Grantee shall exercise its utility extension rights in such a manner that will cause minimal disruption to the on-going business operation of Grantor. Grantee also agrees not to disrupt this area during the months of November and December as it could adversely affect Grantor's business. 2. Use. Grantee,through its officers,employees and agents, shall have the right to enter upon the Utility Easement area in such a manner and at such times from the date hereof as may be reasonably necessary for the purpose of constructing, building, laying, patrolling, replacing and maintaining thereon certain connections to the existing sewer line, including such repairs, replacements and removals as may be from time to time required. Said right shall be perpetual, but should Grantee cease to use, maintain and/or repair said easement line(s) for a 2 period of two years,then the applicable utility lines or appurtenances thereon installed in or upon said lands shall be removed by Grantee within a reasonable time. Said utility extension lines shall be laid so that the top thereof shall be buried not less than thirty inches below the natural surface of the ground. 3. Maintenance. (a) Grantee shall restore the surface of the Utility Easement area to their original condition immediately following any of Grantee's permitted activities within the easement areas, so that Grantor, its successors and assigns, shall have the free and unobstructed use thereof,subject to the rights of Grantee herein provided. Grantee will make no unreasonable interference with such use of the surface of said lands by Grantor, its successors and assigns. (b) Grantee, upon the initial installation, and upon each and every occasion that the same is repaired,renewed,added or removed, shall restore the premises of the Grantor Tract, and any such buildings or improvements disturbed, to a condition as they were prior to any such installation or work, including the restoration of any topsoil. (c) If, in an emergency, it shall become necessary for Grantor to promptly make any repairs that otherwise would have been the responsibility of Grantee, or if Grantee shall fail to adequately maintain the Utility Easement area as provided herein, then Grantor, at its sole option, but not obligation, may proceed forthwith to have the repairs made and pay the cost thereof, and to receive reimbursement therefor from Grantee within thirty (30) days after a written request for same. In such instances, Grantor shall provide Grantee with oral notification of its intention to make such repairs or the occurrence of such repairs, at the earliest practicable time given the nature and extent of the emergency. 4. Indemnification and Insurance. (a) Grantor, its successors and assigns, will not be responsible for damage by others to said utility lines. Grantee shall indemnify, defend and hold harmless Grantor from any damages or liability to persons or property that might arise from the use, construction, removal, operation or maintenance of the Utility Easement and associated lines by Grantee, its agents,employees,contractors,or anyone authorized by Grantee. (b)Grantee will carry and keep in force,at its own expense, Commercial General Liability insurance with companies that do business in this State, in an amount not less than $2,000,000.00 single limited personal injury and property damage; and $2,000,000.00 combined personal injury and property damage. All policies of insurance shall be considered primary of any existing, similar insurance carried by Grantor. Grantee shall furnish Grantor with a Certificate of Insurance upon written request. 5. Hazardous Waste. Grantee(hereafter the indemnifying party), its successors and assigns, shall indemnify, defend and hold harmless Grantor from and against any and all losses, liabilities (including strict liability), damages, injuries, expenses, and costs including, without limitation,reasonable attorney's fees, of any settlement or judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Grantor, its successors and assigns by any person or entity or governmental agency, for, with respect to, or as a direct or indirect result of the escape, seepage, leakage, spillage, emission, discharge or release of any Hazardous Substance" and/or "Hazardous Material" (as those terms may be defined in the acts recited hereinbelow) resulting from the operations of Grantee upon or under any parcel of land owned by Grantor including without limitation, any losses, liabilities (including strict liability), damage, injuries, expenses, and costs, including, without limitation, reasonable attorney's fees, of any settlement or judgment or claims asserted or arising under, as amended, the Comprehensive Environmental Response, Compensation and Liability Act, the Superfund Amendment and Reauthorization Act, the Resource Conservation Recovery Act, the Federal 3 Water Pollution Control Act, the Federal Environmental Pesticides Act, the Clean Water Act (and any and all amendments to the above-referenced acts), any so called federal, state or local "Superfund" or "Superlien" statute, or any other statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including strict liability), or standards of conduct concerning any such Hazardous Substance and/or Hazardous Material. 6. Duration. The agreement contained herein and the rights granted hereby shall run with the title to the Utility Easement area and shall bind and inure to the benefit of the parties hereto and their respective heirs, successors, sublessees and assigns; subject, however, to the provisions of Paragraph 2 herein above. 7. Relocation. (a) Grantor reserves the right to modify or relocate the utility lines and associated easements, at the expense of Grantor, provided any such modification or relocation does not prevent adequate delivery of such utility services. (b)In case of the opening of a public road or street to or upon the Grantor Tract, then any portion of such line interfering with the proper construction and maintenance of such road or street shall be adjusted accordingly by Grantee, at its expense, so as not to interfere with such road or street or Grantor's business operations. 8. Headings. The headings of the paragraph contained herein are intended for reference purposes only and shall not be used to interpret the agreement contained herein or the rights granted hereby. 9. Counterparts. This agreement may be executed in any number of counterparts,each of which shall be deemed an original,but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. GRANTOR Wal-Mart Real Estate Business Trust ATTEST: V J nk L Title: `ot' GRANTEE: James R.Wylie WITNESS: 4 TRUST ACKNOWLEDGMENT STATE OF ARKANSAS ) COUNTY OF BENTON ) On this 1D day of December, 2002,before me, the undersigned notary public in and for said County and State, personally appeared Robert L. Rickard,to me personally known, who,being by me duly sworn, did say that he is Senior Realty Manager of WAIL-MART REAL ESTATE BUSINESS TRUST and that the seal affixed to the foregoing instrument is the seal of said trust, and that said instrument was signed and sealed in behalf of said trust by authority of its Trustee, and said Robert L. Rickard acknowledged said instrument to be the free act and deed of said trust. WIASS MY HAND and notarial seal subscribed and affixed in said County and State the day of December, 2002. NOTARY PUBLIC My Commission Expires: �_Jt(,x " NOTARYSEAL "`iV Notary publice of Arkansasires 3/14/2007 ^ 5 h ACKNOWLEDGMENT STATE OF COUNTY OF On this 2� ay of �`u,IWf Uy before me,the undersigned notary public in and for said County and State,personally appeared James R. Wylie,to me personally known,who,being by me duly sworn, did say that he signed the foregoing instrument as his own free act and deed. WITNESS MY HAND and notarial seal 5ubscribed and affixed in said County and State the 9,?W ay of DrI am My, ,=z NOTARY PUM,IC My Commission Expires: • o� % �,•,, �;• °'� �pTAR j, •� COmmission Expires. nee=02- __ k Residing in Nam $ pa, I� �. pUeL�C ; ; ' unnaaaa EXHIBIT A Project No. 9925000 January 24, 2000 Revised February 3, 2000 Revised April 6, 2000 DESCRIPTION FOR PROPOSED RECORDS EAST SUBDIVISION LOT 1, BLOCK 1 A parcel of land located in the NE1/4 of the NW1/4 and the NW1/4 of the NE1/4 of Section 9, T.3N., R.1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the comer common to Sections 4, 5, 8 and the said Section 9; thence South 89022'10" East, 2659.63 feet along the North line of said NW1/4 of Section 9 to the 1/4 comer common to said Sections 4 and 9; thence along the North-South mid-section line of said Section 9 South 00048'14" West, 60.00 feet to the REAL POINT OF BEGINNING; thence South 89022'32" East, 528.59 feet on a line parallel with and 60.00 feet South of the North line of the said NW1/4 of the NE1/4 of Section 9; thence South 00024'37"West, 249.15 feet; thence South 89035'23" East, 60.48 feet; thence South 00048'14" West, 560.63 feet; thence North 89035'24" West, 590.79 feet to the intersection with the West line of the said NW1/4 of the NE1/4 of Section 9; thence South 00048'14" West, 9.09 feet along said west line to the northeast corner of Crossroads Subdivision No. 6; thence along the northerly boundary of said Crossroads Subdivision No. 6, North 89"35'32" West, 569.33 feet to a point on the easterly right-of-way of N. Records Avenue, and the beginning of a non-tangent curve to the left; thence along said easterly right-of-way the following three courses: thence along said curve 84.19 feet, said curve having a radius of 238.45 feet, a Page 1 of 2 central angle of 20°13'46" and a long chord of 83.75 feet which bears North 14°07'53" West; thence North 22°18'38" West, 2.62 feet to the beginning of a tangent curve to the right; thence along said curve 14.36 feet, said curve having a radius of 143.75 feet, a central angle of 05°4332" and a long chord of 14.36 feet, which bears North 19°04'32" West; thence North 00'25'00" East, 444.31 feet; thence leaving said easterly right-of-way South 89°3242" East, 402.24 feet; thence North 00024'37" East, 280.60 feet to a point on the southerly right-of-way of W. Fairview Avenue; thence along said right-of-way South 89022'10" East, 199.51 feet to the Real Point of Beginning. Containing 19.31 acres (841,285 square feet) more or less. Prepared by: NUBBLE ENGINEERING, INC. J.,/MeridianCrossroads2/PJS/vw/Lotl,Blk1 Patrick J. SchefFler, P.L.S. Page 2 of 2 Critser Land Survey Boise—(208)322-6145 10546 Summerwind Drive Jerome—(208)324-8824 Boise, Idaho 83704 Twin Falls —(208) 734-1605 TWENTY FEET (2 0' ) SEWER EASB/ENT FOR J R W 'T ION TUMgSI-1 I P 3 N101RTH, RANGE I EAST, BO I SE MERIDIAN SECT I ON 9 PART NWkNE4 ADA ca N, IDAFU Beginning at the Northeast Corner for Section 9: thence North 890 51 ' 58" West 2128.25 feet along the Northerly Boundary for Section 9; thence South 00 07' 27" East 70.00 feet to the Southerly Right-of-Way Boundary for Fairview Avenue and the TRUE POINT OF BEGINNING for the center line of a 20.00 feet in width Sewer Line Easement; thence South 150 26' 42" West 43.84 feet along the center line of said 20.00 feet in width Sewer Line Easement to the center of an existing sewer manhole. FROM' :Wylie FAX NO. :208-939-1253 Sep. 23 2002 08:58AM P4 f 1 4 I - E I °v ' } I � I I i 70'. 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