Staff ReportSTAFF REPORT Hearing Date: May 22, 2013
TO: Mayor & City Council CjfERID!IAN%--
FROM: Sonya Watters, Associate City Planner
208-884-5533AH O
SUBJECT: MDA -13-009 — Wal-Mart Overland/Stoddard
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Wal-Mart Stores, Inc., has submitted a request to amend the existing development
agreement (MDA) for the Wal-Mart property located at the southeast corner of N. Stoddard Road and
W. Overland Road.
The development agreement (DA) currently requires, among other provisions, the developer to
construct an 8 -foot tall vinyl fence along the southern property boundary adjacent to Bear Creek
Subdivision. The applicant proposes to change the fencing material to an 8 -foot tall pre -cast concrete
fence. See Section IXAnalysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA with the changes shown in Exhibit A.2, attached.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number MDA -13-
009 as presented in the staff report for the hearing date of May 22, 2013, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny MDA -13-009 as
presented during the hearing on May 22, 2013, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number MDA -13-009 to the hearing date of (insert continued hearing
date here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located at the southeast corner of W. Overland Road and N. Stoddard
Road, in the NW '/4 of Section 24, Township 3N., Range 1 W.
B. Owner(s):
Wal-Mart Real Estate Business Trust
2001 S. E. 101 Street
Bentonville, AR 72716-0550
Wal-Mart TRS, LLC
702 S. W. 8" Street
Bentonville, AR 72716
Wal-Mart Overland Stoddard MDA -13-009
C. Applicant:
Wal-Mart Stores, Inc., a Deleware corporation
c/o Sam Walton Development Center
2001 S. E. 10" Street
Bentonville, AR 72716-0550
D. Representatives:
Nick Taylor, Pacland
606 Columbia Street NW, Ste. 106
Olympia, WA 98501
JoAnn C. Butler, Spink Butler, LLP
251 E. Front Street, Ste. 200
Boise, ID 83702
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a development agreement modification. A public hearing is
required before the City Council on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: April 29, and May 13, 2013
C. Radius notices mailed to properties within 300 feet on: April 25, 2013
D. Applicant posted notice on site by: May 10, 2013
V1. LAND USE
A. Existing Land Use(s) and Zoning: This site is currently in the development process and is zoned
C -G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: Single-family residential
properties exist to the south of this site, zoned R-8; Lowe's building supply store exists to the
west, zoned C -G; Overland Road and Meridian Road abut the site on the north and east sides of
the property with commercial uses across the road.
C. History of Previous Actions:
• In 2007, the subject property was granted Annexation and Zoning (AZ -07-009) approval with
a C -G zoning district. A Development Agreement was required as a provision of annexation
and subsequently recorded as Instrument # 107131597.
• In 2009, a modification to the development agreement (MDA -09-004) was approved that
amended the conceptual development plan and certain provisions of the agreement
(Instrument No. 110005407).
• In 2011, a modification to the development agreement (MDA -11-005) was approved that
amended the conceptual development plan and certain provisions of the agreement
(Instrument No. 111099622).
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer lines to provide service to all the lots were installed as
part of the site development process.
2
Wal-Mart Overland Stoddard MDA -13-009
b. Location of water: Domestic water lines to provide service to all the lots were installed
as part of the site development process.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: NA
3. Flood Plain: NA
VII. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The request is to amend the existing Development Agreement (DA) (Inst. No. 111099622), to
change the fencing required along the southern boundary of the site adjacent to Bear Creek
Subdivision from an 8 -foot tall vinyl to an 8 -foot tall pre -cast concrete fence. The fence is
proposed to be installed as close as practicable to the existing subdivision fence and will extend
along the entire southern boundary of the site. A revised site plan is included in Exhibit C of the
proposed amended DA included in Exhibit A.2 that depicts the type and location of the proposed
fence. A detail of the proposed fence is included in Exhibit A.3.
Due to time constraints involved in ordering and constructing the concrete fence, the applicant
requests a temporary Certificate of Occupancy be issued by the City if installation of the fence is
not completed prior to the store opening. Staff is amenable to this request contingent upon the
applicant submitting surety for the cost of the fence and installation of such in accord with the
procedures set forth in UDC 11-5C-3.
The original DA approved with the annexation of this site in 2007 required the developer to
replace the existing fence, with the property owner's consent, along the southern boundary of the
site with a 6 -foot tall concrete wall to assist in providing a buffer to the residents in Bear Creek
Subdivision. In 2009, an amendment to the DA was requested by the developer and approved by
City Council that changed the fencing type to an 8 -foot tall vinyl fence. At the request of the
abutting residential property owners, the applicant requests an amendment to the DA to construct
an 8 -foot tall pre -cast concrete fence.
The proposed DA incorporates all of the current applicable provisions in the previous agreements
and is proposed to replace those agreements.
Staff is in support of the proposed changes to the DA as requested by the applicant and
recommended by staff as shown in Exhibit A.2.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Amendment to Development Agreement
3. Proposed Fence Detail
Wal-Mart Overland Stoddard MDA -13-009
Exhibit A.1: Vicinity Map
Wal-Mart Overland Stoddard MDA -13-009
Exhibit A.2: Proposed Amendment to Development Agreement
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Wal-Mart Real Estate Business Trust, and
Wal-Mart TRS, LLC, collectively, Owner/Developer
THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT (this "Agreement"), is made
and entered into this day of , 2013, by and between City of Meridian, a
municipal corporation of the State of Idaho ("City"), and Wal-Mart Real Estate Business Trust and Wal-
Mart TRS, LLC (collectively, "Ow ner/Developer").
RECITALS
A. On September 17, 2007, the City and James Prather, the original owner/ developer,
entered into that certain Development Agreement, recorded on September 20, 2007 as
Instrument No. 107131597; as amended by First Amendment to Development
Agreement recorded on January 20, 2010 as Instrument No. 110005407, official records
of Ada County, Idaho (collectively, the "Original Development Agreement") on real
property more particularly described in the Original Development Agreement.
B. On December 6, 2011, the City and Owner/Developer entered into that certain Amended
and Restated Development Agreement, recorded on December 7, 2011 as Instrument No.
111099622, official records of Ada County, Idaho (the "Amended and Restated
Development Agreement") on real property more particularly described in the
Amended and Restated Development Agreement.
C. The Amended and Restated Development Agreement superseded the Original
Development Agreement for the subject properly. This Agreement shall supersede the
Amended and Restated Development Agreement. Upon recordation of this Agreement,
the Amended and Restated Development Agreement shall be null and void and of no
further force or effect for the subject property only.
D. Owner/Developer is currently the sole owner, in law and/or equity, of that certain tract of
land in the County of Ada, State of Idaho, described in Exhibit A, which is attached
hereto and by this reference incorporated herein as if set forth in full, hereinafter referred
to as the Property. The legal description of the Property attached as Exhibit A was
prepared pursuant to a property boundary adjustment approved by City (PBA -12-003 )
and recorded on May 11, 2012 as Instrument No. 112044809, official records of Ada
County, Idaho.
E. I.C. § 67-6511 A, Idaho Code, provides that cities may, by ordinance, require or permit as
a condition of re -zoning that the Owner/Developer make a written commitment
concerning the use or development of the subject Property.
F. Owner/Developer's predecessor in interest submitted an application for annexation and
zoning of the Property, requesting a designation of C -G (General Retail and Service
Commercial District) under the UDC.
G. City has exercised its statutory authority by the enactment of Section 11-5B-3 of the
Wal-Mart Overland Stoddard MDA -13-009
Unified Development Code ("UDC'), which authorizes development agreements upon
the annexation and/or re -zoning of land.
H. Owner/Developer made representations at the public hearing before the Meridian City
Council, as to how the subject Property will be developed.
L City Council, the 4" day of October, 2011, the Meridian City Council approved certain
Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which
have been incorporated into this Agreement.
J. Owner/Developer submitted an application for modification of the Amended and
Restated Development Agreement only to the extent that an eight -foot precast concrete
fence would be installed as close as practicable to the existing Bear Creek Subdivision
fence along the southern boun of the Property (the "Concrete Fence"). The
Conceptual Landscape Plan attached hereto as Exhibit C and made a part hereof reflects
the Concrete Fence near the southern boundary of the Property.
K. The construction of improvements on the Pronertv is underwav at the time of this
Agreement. Due to time constraints involved in ordering and constructing the Concrete
Fence. Owner/Developer and City www that a temporary certificate of occupancy will be
issued by City to allow the occupancy and permitted use of the Property for a temporary
period prior to completion of installation of the Concrete Fence.
L. Owner/Developer deems it to be in its best interest to be able to enter into this Agreement
and acknowledges that this Agreement was entered into voluntarily and at its urging and
request.
M. City requires the Owner/Developer to enter into a development agreement for the
purpose of ensuring that the Property is developed and the subsequent use of the Property
is in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties
agree as follows:
1. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are
incorporated herein as if set forth in full.
2. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein
contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
2.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a
municipal Corporation and government subdivision of the state of Idaho, organized and
existing by virtue of law ofthe State of Idaho, whose address is 33 East Broadway Avenue,
Meridian, Idaho 83642.
2.2 OWNER/DEVELOPER: means and refers to Wal-Mart Real Estate Business Trust and
Wal-Mart TRS, LLC, whose addresses collectively are 2001 S.E. 10" Street, Bentonville,
Arkansas 72716, the party that owns and is developing said Property and shall include any
subsequent owner(s) or developer(s) of the Property.
2.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of
Wal-Mart Overland Stoddard MDA -13-009
Ada, City of Meridian as described in Exhibit A attached hereto and by this reference
incorporated herein as if set forth at length.
3. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the
Property in accordance with the terms and conditions of this Agreement.
3.1 The uses allowed pursuant to this Agreement are only those uses allowed in the approved C -G
zone under the UDC, except those prohibited below in Section 4.1.9.
3.2 A conditional use permit for a drive-through pharmacy as approved by the Meridian Planning
& Zoning Commission on September 1, 2011 is recognized as a conditional use on the
Property.
3.3 No change in the uses specified in this Agreement shall be allowed without modification of
this Agreement.
4. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
4.1 Owner/Developer shall develop the Property in accordance with the following special
conditions:
All future uses shall not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors.
2. All future development of the Property shall comply with City of Meridian
ordinances in effect at the time of development.
The Owner/Developer shall be responsible for all costs associated with sewer and
water service installation.
4. The public stub street (Alaska Street) in Bear Creek Subdivision along the south
property boundary shall not be extended as a public or non-public street into the
Property. At no time shall construction traffic associated with the development ofthe
Property be allowed to access this Property using Alaska Street.
Access points to/from the site are limited to those shown on the conceptual
development plan attached hereto as Exhibit B and by this reference incorporated
herein, unless otherwise restricted/approved by ACHD.
6. Prior to issuance of the fust Certificate of Occupancy for either of the two properties
along the east boundary, construct a multi -use pathway from the sidewalk on the stub
street at the south boundary (Alaska Street) along the east side of the property,
connecting to the pathway on the ICON Credit Union site to Overland Road.
Bollards shall be placed at the entrance of the pathway where Alaska Street
terminates to prohibit vehicular access to the pathway. Prior to issuance of the
Certificate of Occupancy for the largest building pad, construct a multi -use pathway
from the south boundary within the street buffer adjacent to S. Stoddard Road along
the west side of the property to the Overland/Stoddard intersection. In the interim of
the pathway along the east boundary being constructed, a pedestrian connection shall
be provided from Alaska Street at the south boundary to the Wal-Mart site and
Wal-Mart Overland Stoddard MDA -13-009
Overland Road as shown on the conceptual development plan with development of
the largest building pad; a landscape buffer shall be installed along the southern
boundary with terming as shown on the conceptual landscape plan in Exhibit C. A
public pedestrian easement shall be recorded for the portions of the pathways that lie
outside of the ri -of-way on the subject property; a copy of said easement shall be
submitted to the Planning Department with the related Certificate of Zoning
Compliance application.
The Owner/Developer shall design and construct the multi -use pathways in
accordance with UDC 11-3A-8 and in conjunction with the Parks Department's
standards, except that the pathways are allowed to be 8 feet in width, instead of 10
feet. Additionally, where the pathway(s) crosses drive aisles, the pathway(s) shall be
distinguished from the driving surfaces through the use of pavers, colored or scored
concrete, or bricks. Any changes to these requirements can be done pursuant to
Article 17 of this Agreement.
The Owner/Developer shall be responsible to obtain a Certificate of Zoning
Compliance (CZC) permit and administrative design review in accordance with the
standards listed in UDC 11-3A-19 and the guidelines listed in the City of Meridian
Design Manual, prior to all new construction on the Property.
8. Development of this Property shall be generally consistent with the conceptual
development plan (attached as Exhibit B). The largest building proposed on the site
shall not exceed 170,000 square feet and shall have horizontal banding in a different
color and/or material on the side and rear elevations of the building. Future
development of the outlets depicted on the conceptual development plan shall be in
accordance with the UDC applicable at the time of such development.
9. The following uses shall be prohibited along the southern half of this site: fuel sales
facility; building material, garden equipment & supplies; and vehicle washing
facilities.
10. Construct a 25 -foot wide landscape buffer along Overland Road in accordance with
the standards in UDC 11-3B-7.
11. Construct a 204001: wide landscape buffer along Stoddard Road in accordance with
the standards in UDC 11-3B-7.
12. At least a 60 -foot wide separation is required along the southern Property boundary.
Within said 60 feet a 25 -foot wide landscape buffer shall be constructed at the south
property line, then a drive aisle. Landscape buffers shall be designed and constructed
in accordance with UDC 11-3B-9.
13. As close as practicable to the existing Bear Creek Subdivision fence along the
southern boundary of the Property, provide an 8 -foot tall Concrete Fence to assist in
providing a buffer to the residents in Bear Creek Subdivision in addition to the
landscaping requirements listed in UDC 11 -3B -9C. La and b.
14. Upon satisfaction of all applicable terms and City requirements (other than number
13 immediately above), City shall issue a temporary certificate of occupancy to allow
the occupancy and permitted use of the Property prior to completion of installation of
the Concrete Fence. Owner/Developer shall complete installation of the Concrete
Fence within nines (90) days of issuance of the temporary certificate of occupancy
Wal-Mart Overland Stoddard MDA -13-009
15. The Owner/Developer shall comply with all landscaping standards described in UDC
11-313, including but not limited to, UDC 11-313-8 which outlines the standards for
parking lot landscaping.
16. Owner/Developer shall be responsible to install street lighting along the project's
frontage on W. Overland Road and S. Stoddard Road in accord with the City's
Improvement Standards, prior to occupancy of the fust building on the site.
17. Owner/Developer shall record an easement granting cross -access to the ICON Credit
Union property at the northeast comer of the site (parcel #R7288000004). A copy of
said easement shall be submitted with the fust Certificate of Zoning Compliance
application for this site.
18. Overnight recreational vehicle parking/camping on the site is prohibited.
5. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING
DESIGNATION:
1 Acts of Default. Either party's failure to faithfully comply with all of the terms and
conditions included in this Agreement shall constitute default under this Agreement.
5.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement,
Owner/Developer shall have thirty (30) days from receipt of written notice from City to
initiate commencement of action to correct the breach and cure the default, which action must
be prosecuted with diligence and completed within one hundred eighty (180) days; provided,
however, that in the case of any such default that cannot with diligence be cured within such
one hundred eighty (180) day period, then the time allowed to cure such failure may be
extended for such period as may be necessary to complete the curing of the same with
diligence and continuity.
5.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as
described in Section 5.2, Owner/Developer shall be deemed to have consented to
modification of this Agreement and de -annexation and reversal of the zoning designations
described herein, solely against the offending portion of Property and upon City's compliance
with all applicable laws, ordinances and rules, including any applicable provisions of Idaho
Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a
default has occurred. This Agreement shall be enforceable in the Fourth Judicial District
Court in Ada County by either City or Owner/Developer, or by any successor or successors in
title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate
action at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
5.4 Delay. In the event the performance of any covenant to be performed hereunder by either
Owner/Developer or City is delayed for causes that are beyond the reasonable control of the
party responsible for such performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall be extended by
the amount of time of such delay.
5.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the
covenants or conditions hereof shall apply solely to the default and defaults waived and shall
neither bar any other rights or remedies of City nor apply to any subsequent default of any
Wal-Mart Overland Stoddard MDA -13-009
such or other covenants and conditions.
6. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this
Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and submit proof of
such recording to Owner/Developer, prior to the third reading ofthe Meridian Zoning Ordinance in
connection with the adoption of this Agreement by the City Council.
7. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of
credit, cash deposits, certified cheek or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to
insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the
City.
8. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of
Occupancy will be issued for any building site or parcel until all improvements thereto, required under this
Agreement have been installed, completed, and accepted by the City. The Owner/Developer may develop
each parcel or building site as a separate phase or in phases.
9. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances
of the City of Meridian unless otherwise provided by this Agreement.
10. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed
delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered
or certified mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
with a copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue, Suite 308
Meridian, ID 83642
OWNER/DEVELOPER:
Wal-Mart Real Estate Business Trust
Wal-Mart TRS, LLC
Sam M. Walton Development Complex
2001 S.E. 10th Street, Mail Stop 5570
Bentonville, Arkansas 72716-5570
A patty shall have the right to change its address by delivering to the other patty a written notification thereof
in accordance with the requirements of this section.
11. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning
this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to
court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision
shall be deemed to be a separate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
12. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the
essence with respect to each and every term, condition and provision hereof, and that the failure to timely
perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by
the other party so failing to perform.
to
Wal-Mart Overland Stoddard MDA -13-009
13. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit
of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate
authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the
Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein
shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited
and bound by the conditions and restrictions herein expressed. City agrees, upon written request of
Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in
its sole and reasonable discretion, determines that Owner/Developer has fully performed its obligations under
this Agreement.
14. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act
reasonably in giving any consent, approval, or taking any other action under this Agreement.
15. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other
proceeding instituted by any third parties (including a governmental entity or official) challenging the
validity of any provision of this Agreement, the parties hereby agree to cooperate in defending such
action or proceedings.
16. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of
competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity
thereof shall not affect any of the other provisions contained herein.
17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,
condition and understandings between Owner/Developer and City relative to the subject matter hereof, and
there are no promises, agreements, conditions or understanding, either oral or written, express or implied,
between Owner/Developer and City, other than as are stated herein. All Exhibits referenced herein are
incorporated in this Agreement as if set forth in full including all text information in the Exhibits. Except as
herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall
be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City.
17.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property
herein provided for can be modified or amended without the approval of the City Council after
the City has conducted public hearing(s) in accordance with the notice provisions provided for
a zoning designation and/or amendment in force at the time of the proposed amendment.
18. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective as of the date this
fully executed and notarized Agreement is recorded in the real property records of Ada County, Idaho.
tt
Wal-Mart Overland Stoddard MDA -13-009
IN WITNESS WHEREOF, the parties have herein executed this Amended and Restated
Development Agreement and made it effective as hereinabove provided.
OWNER/DEVELOPER:
CITY OF MERIDIAN:
Wal-Mart Real Estate Business Trust, a Delaware By:
Statutory Trust
By:
Its:
Wal-Mart TRS, LLC
a Delaware limited liability company
By: Wal-Mart Real Estate Business Trust, a
Delaware Statutory Trust, its Sole Member
By:
Its:
STATE OF
ss.
County of
ATTEST:
Jaycee L. Holman, City Clerk
On this day of , 2013, before me, the undersigned, a Notary
Public in and for said State, personally appeared , known or identified to me to
be the of Wal-Mart Real Estate Business Trust, who executed the
instrument on behalf of Wal-Mart Real Estate Business Trust, and acknowledged to me that such Trust
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.
Notary Public for
Residing at
My commission expires:
SOT
) ss.
County of )
12
Wal-Mart Overland Stoddard MDA -13-009
On this day of , 2013, before me, the undersigned, a Notary
Public in and for said State, personally appeared , of Wal-Mart
TRS, LLC, a Delaware limited liability company, known or identified to me to be the
of Wal-Mart TRS, LLC, the limited liability company that executed the instrument, or the person who
executed the instrument on behalf of said limited liability company, and acknowledged to me that such
limited liability company 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.
Notary Public for
Residing at
My commission expires:
STATE OF IDAHO )
) ss.
County of Ada )
On this day of , 2013, before me, the undersigned, a Notary
Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known or
identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument on behalf of said City, and acknowledged to me that such City 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.
Notary Public for Idaho
Residing at
13
Wal-Mart Overland Stoddard MDA -13-009
EXEIIW A
Legal Description
Meridian (S) Store — Parcel 1
A parcel being a portion of the NW% of the NE'/of Section 24, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a brass cap monument marking the northwest corner of said NW 1% of the NE %, from
which a 518 inch diameter iron pin marking the southwest comer of said NW '/. of the NE '/. bears S
0°51'13° We distance of 1317.47 feet;
Thence S 0°51'13" W along the westerly boundary of said NW % of the NE % a distance of 67.67 feet to a
point;
Thence leaving said westerly boundary S 89°08'47" E a distance of 30.00 feet to a 518 inch diameter iron
pin and the POINT OF BEGINNING;
Thence N 47°41'54" E a distance of 29.60 feet to a 518 inch diameter iron pin on the southerly right-of-
way of W. Overland Rd.;
Thence S 89'47'17' E along said southerly right-of-way being 48.00 feet southerly of and parallel to the
northerly boundary of said NW'/. of the NE 1% a distance of 815.86 feet to a 518 inch diameter iron pin;
Thence leaving said southerly right-of-way S 0°12'44" W a distance of 198.74 feet to a 518 inch diameter
iron pin;
Thence S 89'47'17" E a distance of 439.15 feet to a 518 inch diameter iron pin on the easterly boundary
of said NW %of the NE Y.;
Thence S 0°44'15" W along said easterly boundary a distance of 44.51 feet to a 518 inch diameter iron
pin;
Thence leaving said easterly boundary N 89°47'16" W a distance of 228.72 feet to a 516 inch diameter
iron pin;
Thence S 0°12'42" W a distance of 398.74 feet to a 5/8 inch diameter iron pin;
Thence S 89°47'16" E a distance of 225.06 feet to a 5/8 inch diameter iron pin on the easterly boundary
of said NW 1/. of the NE %;
Thence S 0°44'15" W along said easterly boundary a distance of 63.50 feet to a 5/8 inch diameter iron pin
on the northerly boundary of Bear Creek Subdivision No. 2 as shown in Book 83 of Plats on Page 9166,
records of Ada County, Idaho;
Thence N 89°47'17" W along said northerly boundary and the prolongation thereof a distance of 1280.86
feet to a 5/8 inch diameter iron pin;
Thence N 0°51'13' E along a line being 30.00 feet easterly of and parallel to the westerly boundary of
said NW %. of the NE %, a distance of 685.51 feet to the POINT OF BEGINNING;
This parcel contains 16.64 acres and is subject to any easements existing or in use
Legal Description
Meridian (S) Store - Parcel 2
A parcel being a portion of the NW 1/. of the NE % of Section 24, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a 518 inch diameter iron pin marking the northeast comer of said NW % of the NE %, from
which a brass cap monument marking the northwest corner of said NW % of the NE Y. bears
N 89°47'17' W a distance of 1309.33 feet;
Thence 8 0°44'15" W along the easterly boundaryof said NW % ofthe NE %a distance of 48.00 feel to a
point 518 inch diameter iron pin on the southerly right-of-way of Overland Road;
Thence N 89°47'17' W along said southerly right-of-way a distance of 219.15 feet to a 518 inch diameter
iron pin and the POINT OF BEGINNING;
Thence leaving said southerly right-of-way S 0`44'15" W a distance of 198.74 feet to a 518 inch diameter
iron pin;
Thence N 89°47'17" W a distance of 219.91 feet to a 518 inch diameter iron pin;
Thence N 0°12'44" E a distance of 198.74 feet to a 518 inch diameter iron pin on the southerly right-of-
way of Overland Road;
Thence S 89'47'17" E a distance of 221.73 feel to the POINT OF BEGINNING;
This parcel contains 1.01 acres and is subject to any easements existing or in use
Legal Description
Meridian (S) Store - Parcel 3
A parcel being a portion of the NW'/. of the NE % of Section 24, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the northeast comer of said NW % of the NE %, from
which a brass cap monument marking the northwest comer of said NW % of the NE % bears
N 89°47'17' W a distance of 1309.33 feet;
Thence S 0"44'15" W along the easterly boundaryof said NW % of the NE % a distance of 291.25 feet to
a point 5/8 inch diameter iron pin and the POINT OF BEGINNING;
Thence continuing along said easterly boundary S 0°44'15' W a distance of 196.13 feet to a 5/8 inch
diameter iron pin;
Thence leaving said easterly boundary N 89°47'18" W a distance of 228.92 feet to a 5/8 inch diameter
iron pin;
Thence N 0°12'42" E a distance of 196.12 feet to a 5/8 inch diameter iron pin;
Thence S 89°47'18" E a distance of 228.72 feet to the POINT OF BEGINNING;
This parcel contains 1.03 acres and is subject to any easements existing or in use.
Legal Description
Meridian (S) Store - Parcel 4
A parcel being a portion of the NW'/. of the NE % of Section 24, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the northeast comer of said NW % of the NE %, from
which a brass cap monument marking the northwest comer of said NW % of the NE % bears
N 89°47'17' W a distance of 1309.33 feet;
Thence S 0"44'15" W along the easterly boundaryof said NW % of the NE % a distance of 487.38 feet to
a point 5/8 inch diameter iron pin and the POINT OF BEGINNING;
Thence continuing along said easterly boundary S 0°44'15' W a distance of 202.82 feet to a 5/8 inch
diameter iron pin;
Thence leaving said easterly boundary N 89°47'18" W a distance of 225.08 feet to a 5/8 inch diameter
iron pin;
Thence N 0°12'42" E a distance of 202.81 feet to a 5/8 inch diameter iron pin;
Thence S 89°47'18" E a distance of 228.92 feet to the POINT OF BEGINNING;
This parcel contains 1.05 acres and is subject to any easements existing or in use.
Legal Description
Meridian (S) Store - Parcel 5
A parcel being a portion of the NW'/. of the NE'/. of Section 24, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a brass cap monument marking the northwest corner of said NW % of the NE %., from
which a 5/8 inch diameter iron pin marking the southwest comer of said NW '/. of the NE '/. bears S
0°51'13" W a distance of 1317.47 feet;
Thence S 0"51'13" W along the westerly boundary of said NW'/. of the NE % a distance of 67.67 feet to a
point;
Thence leaving said westerly boundary S 89°08'47" E a distance of 30.00 feet to a 518 inch diameter iron
pin;
Thence S 0°51'13" W along the easterly right-of-way of Stoddard Road a distance of 520.64 feet to a 5/8
inch diameter iron pin and the POINT OF BEGINNING;
Thence continuing S 0°51'13" W along a line being 30.00 feet easterty of and parallel to the westerly
boundary of said NW % of the NE'/., a distance of 164.87 feet to a 518 inch diameter iron pin;
Thence N 89°47'17" W a distance of 5.00 feet to a 5/8 inch diameter iron pin on the easterly right-of-way
of Stoddart Road;
Thence N 0°51'13" E along said easterly right-of-way a distance of 164.87 feet to a 5/8 inch diameter iron
pin;
Thence continuing along said easterly right-of-way S 89°47'17" E a distance of 5.00 feet to the POINT OF
BEGINNING;
This parcel contains 0.02 acres and is subject to any easements existing or in use
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