Street Lighting Easement Walmart Real Estate Business Trust for Wal-Mart 795 West Overland~~i~E IDIAN~--
Public ~ D A H O
Works Department
Mayor Tammy de Weerd
Ci~y CoWn~il Members
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
T0: Mayor Tammy de Weerd
Members of City Council
FROM: Austin Petersen, EIT -Transportation and Utility Coordinator
DATE: October 9, 2013
SUBJECT: STREET LIGHTING EASEMENT FOR MAINTENANCE ACCESS ON
WALMART PROPERTY AT 795 W. OVERLAND ROAD
I. RECOMMENDED ACTION
A. Move to: maintenance
1. Approve the attached Street Lighting Easement
2. Authorize the Mayor to sign the easement.
II. DEPARTMENT CONTACT PERSONS
Austin Petersen, Transportation and Utility Coordinator
Warren Stewart, PW Engineering Manager
Tom Barry, Director of Public Works
III. DESCRIPTION
489-0352
489-0350
489-0372
A. Back round
Walmart has constructed a new store at the intersection of Overland and Stoddard Road.
During construction they installed streetlights along both Overland and Stoddard roads in
accordance with City of Meridian Street Lighting Improvement Standards. However,
these lights are not located within ACHD or City of Meridian right of way. In order for
the City to maintain the lights, the attached easement has been agreed upon.
IV. IMPACT
A. Strate ig c Impact:
The ability to install and maintain street lighting is an important component of the City's
mission to continue being a safe, attractive, and inviting community.
Page 1 of Z
B. Service/DeliverYIrnpact:
By having access to the streetlights on Walmart's property, the city will be able to ensure
the lights continue illuminating the underlying streets at night.
C. Fiscal Impact:
There is no cost associated with this easement.
V. TIME CONSTRAINTS
Execution of the attached agreement is required to ensure any required maintenance on these
lights will be conducted without delay.
VI. LIST OF ATTACHMENTS
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Street Lighting Easement (3 op~es)
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ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 E
6015E IDAH010123113 10:10 AM
DEPUTY Bonnie Oberbillig II I I i lI i Il Ii I i lI i lilii ll iliil l till ill
RECORDED-REQUEST OF 11 ~ 117 ~7~
Meridian City
Meridian (S). ID #3093-00
STREET LIGHTING EASEMENT
THIS INDENTURE, made this ~ day of ~~Y 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 cal led the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a street lighting system right-of--way across the
premises and property hereinafter particularly bounded and described; and
WHEREAS, the adjacent public road right-of--way does not contain sufficient space to construct
the street lighting system fully within said right-of--way; and
WHEREAS, the street lighting and associated conduits are to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said street lighting system 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 construction, operation, maintenance,
repair, and replacement of the street lighting system over and across the following described
property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a street lighting
system and their allied facilities, together with their maintenance, additional connection thereto,
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 construction, making repairs, performing other maintenance or making subsequent
connection to the street lighting system, Grantee shall restore the area of the easement and
adjacent property to that existent prior to undertaking such construction, repairs and maintenance.
However, Grantee shall not be responsible for repairing, replacing or restoring 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.
Meridian (S). 1D #3093-00
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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.
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.
GRANTOR: WAL- RT REAL ESTATE BUSINESS TRUST,
a Del e statutory trust
B
J hn E Clarke
Its Vi resident of Real Est to
STATE OF ARKANSAS
~ ss
County of Benton )
On this ,, day of ~ , 2013, before me, the undersi ed, a Nota Public
~ rY
in and for said State, personal appeared JOHN E. CLARKE, 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 WI~REOF, I have hereunto set my hand and affixed my official seal the day and
year, fist above n.
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Meridian (S). ID #3093-00
Street Lighting Easement
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EASMT STL.doc
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GRANTEE: CITY OF MERIDIAN
~,
Tammy de Weex'd Mayor , ~.~~~' L D'' `v~ s,.7
~~~~ 1
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~ I .., /7 ` v n s City or
' " IDNHO
Attest b J ycee L. Holman, City Clerk =_ -~
Approved By City Council On: f~C ~ ~ ~ ~,
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 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.
,{ N ARY PU LIC FOR IDAHO
'`' (SEAL) Residing at: ~--Qe~~d~ar~ t D
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;'~ Commission Expires:~.,n ~ . ~p_( ~~
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Meridian (S). ID #3093-00
Street Lighting Easement EASMT STL.doc
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EXHIBIT A
~~~~~
I~ri~~rr ~~~ ~~r~ ~trt ~.~~~ ~~sr~e~ Ica.
An easement #in~ a pvrtian cif the N~tl ~~~ ~t the N'/~ of ~ectir~n 24, T~wr~si't#p 3 North, ~a~c~e ~( ~V'est
poise Meridian, Ada ~QUrtty, #div, and m~r~ ~ar~cu#ar#y escrk~ed a fol#~ws
Gomrn~rtcing at ~r~ss cad mon~mert~ markirt ~h~ northwest corner Qf si~d h#V1t'~< df the h~E ~1~ from
w~hih ~gr~~1~~1in~~t~s{d!~#arr~et»~r #+~ron~ A~~iwr~* r~~rl~ing the ~i~t~iu~t rn~r of said N'UV ~~< of t~~ N~ /~ kars
fl~51 ` I Jr~ VY ~ ~`7l~Qr~~~i V~ ~J~ ! ~'"t/ 1~.'~~r
Thence S 0~~1''13" a#on~ the wester#y bc~uridary cif said N~V'l~ c~ the N~ '~~ a distance cat 7,24 f~~t tQ
a paint;
Th~r~ce #~~virt said wester#y ~vundary ~9°~8'4`~" ~ a di~tar~ce o~ 2.~3~ fit to ~f~ inch damet+sr iron
din ~n tn~ easterly right-~~ way o~ ~tcdderd tae ~n~ the 3i1T ~3~` ~~~i~li~
Theme N ~"~1'1~" ~ a#an~ said easfierPy ric~htwaf-may a ~~tanc~ of 1~i~4,$7' feet tc a 5!8 rtctt dieme~er iron
.girt;
Thence #~avinc~ said eS~~r#y rl~h~-t~~ t+k~'~ ~ ~"4`~~'f ~ r~ ~#I~~r~rt'C~ q~ ~.~~'~~'~t t+~ ~ ~~1~1~
Thence S ~"51'13" W ~ dist~n~ a~ 1~4.8~ feet ttt a paint,
Thence ~ 9"47'1~~ V~ a ditan cf 7,4t3 fit tc~ the ~~a#~~ ~~ ~~tN~11N'
This parce# ccrttains 1154 square feet ~~,Q ecres~ and is subject tc~ any vth~r ~~serrtents e~istirtg or in
use
C#irttc~rt W', Bann, X1.5
#,artd Sc#t~tiArt~, P~
~t~y 2~, 20~ 2
Meridian (S). ID #3093-00
Street Lighting Easement
2032436.1 8/26/13
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!"'~ri CrGti7~~~ilit ~~l~it~ ~ part~an of ~1e ~~'~e of the ~~ ~d of ~~~~lar# d~r ! tJUVr1Sh!}~ ~Ivrth, ~~r1~~? ~ 1~-'et,
~ai~+e M~r~cii~r~, Ads ~~u~ty Idaho, ~n~ mare ~~rticl~rl~r de~crbe a~ falio~v
ernr~er~~ir~ at ~ ~ra~s a~ ~ar~emer~t r~~rkinr~ the narthuve~t ~a~r cif ~~id ~1(U ~~ of the. ~6~ '~~, ~rar
vt~hich 1~ ir~dh diat~eter iron din rr7ricir~g tha northeast a~~ner of paid ~ % of the ~~ ~~ bears
~~~47'17" ~ a distar-ae of 7 X093 feet;
Therrae 8~°7'17" alc~n~ the nar~heriy b~r~da of said ~1llf '~< of the N~'/~ ~ distance of 1.0~ feet tc~
~ paint,
Thence ~avinc~ said r~artheri~ boundary Q'1`4~" istsn of 4~,~Q feet to ~ 1~ inch diameter ircrrt
pih on tt~a soufhriy right-at-:way of c~verl~~d ~~~ ar~~! the ~~~11" ~ ~~C~I~~tItV
"hence ~~~'~`~' 17" ~ alc~nc~ said sautheriy ~~t~af-vuy ~ i~tar~r,~ of ~ ~2, 7 Beet fa a ~vint;
Whence Davin said c~uthe~~y right-afM~ra~r ~ °1 '~3~, ~ distance Qf 7.C?~ ff tc a point;
"rhnce I~ ~gp~47`s17" a distance of it~.~'~ feet to ~ poir~~,
Thence l 47a~1,~" E a distance cf 1.36 feet to the ~~~~~ ~!!~ ~~G~~IN
"his parcei canteins ~2~1 square feet ~~~1 ~cres~ and is swbject to any cthar e~er~~nts xistin ar i
use.
Clintcrr Ill. Hansen, ~~, ~~~t~ ~~~~~
Land ~iutiar~s, ~~ ~t ~ ~
f~evi~ed: ,luly ~, ~~13 ~ ~~ ~
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Meridian (S). ID #3093-00
Street Lighting Easement EASMT STL.doc
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EXHIBIT B
MERID~~IN S STURE ~,3O9a - STREET LIGHT EASEMEM'S
LOCATED IN THE NW ~1~ OF THE NE %s OF SEC11ON 24 T3N, R 1W, BM, ADA CQt1NTY, IDAHa
1J S 8947?4" f
_ _ _ 1K OiEAL11YD<.Aq~D _
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1~4 p4 31. A6 ~ P~Yt Q~ S p+Fl'fl' E~ _ IJI.~ JJ~~... _~.r _ _ .~..~ _ ~_.. f f 16 1J~;10' 1:
v
EA9~1~71iT! 10?9:Q7' S 89'~l'!7".£
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Meridian (S). ID #3093-00
Street Lighting Easement
2032436.1 8/26/13
EASMT STL.doc
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