Sanitary Sewer and Water Main Easement with Wal-mart Real Estate Business Trust for 795 OverlandE IDIAN~--
'. € i '.t
Community Development
Department
Land Development Services
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Denny Cline
DATE: 9/24/13
SUBIECT: Sewer and Water Main Easement -Walmart - 795 W Overland Rd
I. RECOMMENDED ACTION
A. Move to:
1. Approve a Sewer and Water Main Easement for the City of Meridian,
located on the site of Walmart, 795 W Overland Rd.
2. This easement provides the City of Meridian access to new public sewer
and water mains being installed to provide service for Walmart, located at
795 W Overland Rd.
3. Authorize the Mayor to sign the easement, and the City Clerk to attest.
II. DEPARTMENT CONTACT PERSONS
Bruce Chatterton, Community Development Director
Bruce Freckleton, Development Services Manager
Denny Cline, Development Analyst II
~~/ g~4~ lL~Y/I ~~AD
Denny Cline, veD>s lopment Analyst II
Fo-1 `2®13
e Frec on, Development Services Manager
884-5533
489-0362
489-0371
Recommending
Approval
Ph: 208.887.2211 • www.meridiancitv.ora • Fax 208.887.1297
Rev: 01/2013
ADA COUNTY RECORDER Christopher D. Rich AMOUNT ,00 11
BOISE IDAH010/09f13 12:17 PM
DEPUTY Che Fowler III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
RECORDED-REQUEST OF
City of Meridian 11 ~ 113?~~~
Meridian (S). ID #3093-00
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of c+ , 2013 between Wal-Mart Real Estate Business
Trust, a Delaware statutory trust, the 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 desire to provide a sanitary sewer and water main right-of--way
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
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 the right-of--way for anon-exclusive easement for the operation and maintenance
of sanitary sewer and water mains over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water mains and their allied facilities, together with their maintenance, repair and
replacement at the convenience of the Grantee, with the free right of access to such facilities
at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs or performing other maintenance, Grantee shall restore the area of
the easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
Meridian (S). ID #3093-00
Sanitary Sewer and Water Main Easement EASMT.S&W.doc
2022269.1 8/26/ 13
anything placed within the area described in this easement that was placed there in violation
of this easement. Grantee agrees to use due care and comply with all applicable laws in
Grantee's use of the easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures within the area described for this easement which would interfere
with the use of said easement for the purposes stated herein; provided that, Grantor's use of
the easement area for landscaping paving, parking, drive aisles, sidewalks, and curbs are
expressly allowed to the extent that the allowed items are in conformance with approved
landscape and construction plans and any applicable fire codes.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the
right-of--way and easement hereby granted shall become part of, or lie within the boundaries
of any public street, then, to such extent, such right-of--way and easement hereby granted
which lies within such boundary thereof or which is a part thereof, shall cease and become
null and void and of no further effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and
possessed of the aforementioned and described tract of land, and that they have a good and
lawful right to convey said easement, and that they will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the day
and year first herein above written.
[SIGNATURES PAGES FOLLOW]
Meridian (S). ID #3093-00
Sanitary Sewer and Water Main Easement EASMT.S&W.doc
2022269.] 8/26/13
GRANTOR: WAL-MART REAL ESTATE BUSINESS TRUST,
a Delaware statutory trust
B ~....
Joh ~ .Clarke
Its Vice President of Real Estate
STATE OF ARKANSAS )
ss
County of Benton )
On this ~ ~ day of~~ ~'.~ , 2013, before me, the undersigned, a Notary
Public in and for said State, pe sonally appeared JOHN E. CLARKS, known or identified to
me to be the Vice President of Real Estate of Wal-Mart Real Estate Business Trust, a
Delaware statutory trust, who executed the within instrument, 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 fist above written.
~,
`o~®,P~~SS~~,nNo.123A T
(SEAL) ~ °°~~~T/-~FIy a'~
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Meridian (S). ID #3093-00
Sanitary Sewer and Water Main Easement EASMT.S&W.doc
2022269.1 8/26113
t;ommission >/xpires: / -~~'- ~1G ~:~
GRANTEE: CITY OF MERIDIAN
.~-
-~~
Tammy de W~ ,Mayor
L. Holman, City
Approved By City Council On:
STATE OF IDAHO, )
ss.
County of Ada )
r~ SEAS. ~/y
/3
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
to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed
the within instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written.
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(SEAL) ' ~ ~,~r.''~'~
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Meridian (S). ID #3093-00
Sanitary Sewer and Water Main Easement
2022269.1 8/26/ 13
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City:
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N TARY PUBLIC R IDAHO -
Residing at: ~er~ dl~~ ~ C~
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EASMT.S&W.doc
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EXHIBIT A
Legal Descri io
Meridian (S~ Store #3090 -City of Meridian -Easement No. 1
An easement being located in a portion of the NW %, of the NE Y, 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 Y of the NE '/,, from
which a 518 inch diameter iron pin marking the southwest corner of said NW Y° 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 715.96 feet to
apoint;
Thence leaving said westerly boundary S 89°08'47" E a distance of 25.00 feet to the POINT OF
BEGINNING;
Thence N 69°16'15" E a distance of 51.60 feet to a point;
Thence N 20°26'57" E a distance of 64,35 feet to a point;
Thence N 44°47'16" W a distance of 52.96 feet io apoint;
Thence N 0°12'44" E a distance of 30.04 feet to a paint;
Thence N 89°47'16" W a distance of 9.04 feet to a point;
Thence N 0°12'44" E a distance of 20.00 feet to a point;
Thence S 89°47'16" E a distance of 9.04 feet to a point;
Thence N 0°12'44" E a distance of 185.78 feet to a point;
Thence N 89"47'16" W a distance of 24.06 feet to a point;
Thence N D°51'13" E a distance of 20.00 feet to a point;
Thence S 69°47'16" E a distance of 23.84 feet to a point;
Thence N 0°12'44" E a distance of 21.79 feet to a point;
Thence N 89°47'16" W a distance of 9.00 feet to a point;
Thence N 0°12'44" E a distance of 20.00 feet to a point;
Thence S 89"4T16" E a distance of 29.00 feet to a point;
Thence S 0°12'44" W a distance of 289.32 feet to a point;
Thence S 44°47'16" E a distance of 35.45 feet to a point;
Thence N 20°26'57" E a distance of 72.93 feet to a point;
Thence N 0°12'44" E a distance of 8.22 feet to a point;
Thence S 89°4716" E a distance of 20.00 feet to a point;
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Meridian (S), ID #3093-00
Sanitary Sewer and Water Main Easement
2022269.1 8/26/13
EASMT.S&W.doc
Thence S 0"12'44" W a distance of 11.78 feet to a point;
l'hence 5 20"26'57" W a distance of 85.74 feet Co a point;
Thence S 44°47'16" E a distance of 69.57 feet to a point;
Thence 5 89°47'16" E a distance of 329.52 feet to a point;
Thence N 0°12'44" E a distance of 563.33 feat to a point;
Thence N 89°47'16" W a distance of 241.0(1 feat to a point;
Thence N 0°12'44" E a distance of 32.83 feet to a point;
Thence S 89°47'16" E a distance of 20.00 feat to a point;
Thence S D°12'44" W a distance of 12.83 faet to a poinP;
Thence S 89°47'16" E a distance of 241.06 feet to a point;
Thence 5 0°12'44" W a distance of 18.00 feet to a point;
Thence S 89°4T16" E a distance of 33.61 feet to a point;
Thence S 0"12'44 W a distance of 20.00 feaC to a point;
Thence N 89°47'16" W a distance of 33.61 feet to a point;
Thence S 0"12'44" W a distance of 285.33 feet to a point;
Thence S 89°4716" E a distance of 33.61 feet to a point;
Thence S 0°12'44" W a distance of 20.00 feet to a point;
Thence N 89°47'16" W a distance of 33.61 feet to a point;
Thence S 0°12'44" W a distance of 232.00 feet to a point;
Thence S 89°4716" E a distanca of 31.08 feet to a point;
Thence S 0°12'44" W a distance of 20.00 feet to a point;
Thence N 89°4716" W a distance of 31.08 feet to a point;
Thence S 0"12'44" W a distance of 8.00 feet to a point;
Thence N 89°4716" W a distance of 156.68 feet to a point;
'thence S 41°54'16" W a distance of 21.39 feet to a point:
Thence N 89°21'4d" W a distance of 77.61 feet to a point;
Thence S 0°38'16" W a distance of 7.98 feet to a point;
Thence N 89`47'16" W a distance of 20.00 feet to a point;
Thence N 0"12'44" E a distance of 8.13 feet to a point;
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Sanitary Sewer and Water Main Easement
2022269.1 8/26/13
EASMT.S&W.doc
6
Thence N 89°21'44" W a distance of 165.97 (eet to a point;
Thence S 89°16'15" W a distance of 62.18 feet to a point;
Thence N o°51'13" E a distance of 21.51 foet to the POINT OF BEGINNING;
This easement contains 1.g4 acres and is subject to any other easements existing of in use.
Clinton W. Hansen, PLS
Land Solutions, PC
May 2, 2oi2
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2022269.1 8/26/13
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Leal Descri tion
Meridian (S) Store #3090 - City of Meridian -Easement No. 2
An easement being located in a portion of the NW %, of the NF_'/. 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 corner of said NW Y, of the NE %,, from
which a brass cap monument marking the northwest corner of said NW Y. of the NE '/. bears N II9"4717"
W a distance of 7309.33 feet;
Thence S 0"44'15" W along the easterly boundary of said NW %< of the NE % a distance of 48.00 feet to a
point on the southerly right-of-way of Overland Roatl;
Thence leaving said westerly boundary N 89°47'17" W along said southerly rightof-way a distance of
445.39 feet to the POINT OF BEGINNING;
Thence leaving said southerly right-of-way S 0"00'51" E a distance of 18.94 feet to a point;
Thence 5 89°59'09" W a distance of 30.00 feet to a point;
Thence N 0°00'51" W a distance of 79.06 feet to a point said southerly right-of-way;
Thence S 89'47'17" E a distance of 30.00 feet to the POINT OF BEGINNING;
This easement contains 570 square feet antl is subject to any other easements existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC p4 Lq
May 2, 2012 ~pN,„_~
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Sanitary Sewer and Water Main Easement EASMT.S&W.doc
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Leaal Description
Meridian (S~ Store #3090 - City of Meridian -Easement Ivo. 3
An easement being located in a portion of the NW Y of the NE % of Section 24, Township 3 North, Range
1 West, Boise Meridian, Atla County, Idaho, and more particularly described as follows:
Commencing at a 518 inch diameter iron pin marking the northeast corner of said NW '/< of the NE'/., from
which a brass cap monument marking the northwest corner of said NW Y< of the NE '/. bears N 89°47'17"
W a distance of 1309.33 feet;
Thence S 0°44'15" W along the easterly boundary of said NW %n of the NE %, a distance of 332.'16 feet to
the POINT OF BEGINNING;
Thence continuing along said easterly boundary 5 0°d4'15" W a distance o(39.84 feet to a point;
Thence Izaving said easterly bnundary N 89°47'16" W a distance of 17.56 feet to a point;
Thence N 0"12'44" E a distance of 39.83 feet to a point
Thence S 89°47'16" E a distance of 17.92 feet to the POINT OF BEGINNING;
This easement contains 707 square feet and is subject to any other easements existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC
May 2, 2012
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EASMT.S&W.doc
Legal Description
Meridian (S( Store #3090 - City of Meridian -Easement No. 4
An easement being located in 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 corner of said NW %. of the NE %, from
which a brass cap monument marking the northwest corner 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 boundary of said NW %. of the NE %a distance of 664.47 feet to
the POINT OF BEGINNING;
Thence continuing along said easterly boundary S 0°44'15" W a distance of 40.94 feet to a point;
Thence leaving said easterly boundary N 89"47'16" W a distance of 53.56 feet to a point;
Thence 5 0°12'44" W a distance of 48.09 feet to a point on the northerly boundary of Bear Creek
Subdivision No. 2 as shown in Book 83 of Plats on Page 916G, records of Ada County, Idaho;
Thence N 89"47'17" W along said northerly boundary a distance of 41.66 feet to a point;
Thence leaving said northerly boundary N 0°12'44" E a distance of 30.00 feet to a point;
Thence N 89"4717" W a distance of 160.70 feet to a point:
Thence N 0°12'43" E a distance of 2.46.11 feet to a point;
Thence S 89°47'17" E a distance of 31.00 feet to a point;
Thence S 0"12'42" W a distance of 20.00 feet to a point;
Thence N 89°47'16" W a distance of 11.00 feet to a paint;
Thence S 0"12'43" W a distance of 206.11 feet to a point;
Thence S 89°4717" E a distance of 162.36 feet ro a point;
Thence N 0°12'44" E a distance of 18.10 feet to a point;
Thence S 89"4716" E a distance of 35.08 feet to a point;
Thence N 0°12'44" E a distance of 20.93 feet to a point;
Thence S 89"47'16" E a distance of 38.85 feet to the POINT OE BEGINNING;
This easement contains 0.28 acres and is subject to any other easements
existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC
May 2, 2012
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