RE Yelm WA WMT Store #3705 - Bills of SaleIPM.Note
RE: Yelm, WA WMT Store #3705 - Bills of Sale
RE:
Steve Harrington
Tami Merriman
Steve Harrington
EX
/O=CITYOFYELM/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=TAMI
Yelm, WA WMT Store #3705 - Bills of Sale
EX
/O=CITYOFYELM/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=STEVEH
EX
/O=CITYOFYELM/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=STEVEH
Tami Merriman
EX
/O=CITYOFYELM/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=TAMI
Jim Gibson; Grant Beck; Steve Harrington
'Mike Beach'
Yelm, WA WMT Store #3705 - Bills of Sale
Mike
Sewer BOS: I changed the description in the bill of sale. Towards the
end of the sewer, you said that the sewer line turned east off of grove,
and it should be west.
I changed the notary block for Wal-Mart signature.
Water BOS:
I changed the notary block for Wal-Mart signature.
For all documents, the map on Exhibit B will be kicked back from the
County. Too much on the map that it won't scan clearly. Can you find a
site plan that has nothing on it but property lines, road names, and
building footprint? All the extra text, and shaded underlying info will
cause a problem.
The City will not accept the Addendum to the easement agreement.
Tami Merriman
Associate Planner
City of Yelm
tamim@ci.yelm.wa.us <mailto:tamim@ci.yelm.wa.us>
360.458.8496
________________________________
From: Mike Beach [mailto:mbeach@pacland.com]
Sent: Monday, December 31, 2007 12:01 PM
To: Tami Merriman; Jim Gibson
Cc: Grant Beck
Subject: Yelm, WA WMT Store #3705 - Bills of Sale
Please see the attached Bills of Sale for the water and sewer line
improvements. Let me know if you have any questions or comments asap.
Thank you,
Mike Beach
PACLAND
606 Columbia Street NW, Suite 211
Olympia, WA 98501
Office: (360) 786-9500
Fax: (360) 786-5267
TURNING VISIONS INTO REALITY
<DC90029353CCCD468AA2A2858FFCD8F555C427@server1.ci.yelm.wa.us>
<0F31CAB046FF094C8452BD677F563E9BBAEF70@MAIL.PacificLandDesign.com>
<0F31CAB046FF094C8452BD677F563E9BBAEF70@MAIL.PacificLandDesign.com>
RE%3A Yelm, WA WMT Store %233705 - Bills of Sale-2.EML
Steve Harrington
11.0
321121219-11012008
BILL OF SALE Water (2)
BILL OF SALE Water (2)
'Mike Beach'
SMTP
mbeach@pacland.com
Mike Beach
'Mike Beach'
Mike Beach
Jim Gibson
EX
/O=CITYOFYELM/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=Gibson
jimg@ci.yelm.wa.us
jimg
458-8438
Community Development
Jim Gibson
SMTP
jimg@ci.yelm.wa.us
Jim Gibson
GIBSON
Grant Beck
EX
/O=CITYOFYELM/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=Grant
grantb@ci.yelm.wa.us
Grant Beck
458-8408
Community Development
Grant Beck
Grant Beck
GRANT
Steve Harrington
EX
/O=CITYOFYELM/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=Steveh
steveh@ci.yelm.wa.us
steveh
458-8423
Community Development
Steve Harrington
Steve Harrington
steveh
BILL OF SALE Water (2).doc
BILL OF SALE
THIS BILL OF SALE is made and executed this _____ day of ___________, 20____, by and between ______________, hereinafter called the grantor, and the City of Yelm, a Municipal Corporation,
hereinafter called the grantee.
WITNESSETH:
That the grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey, set over, assign and warrant to the City of Yelm the following described
property situated in Thurston County, State of Washington, TO WIT:
All water mains together with valves, valve boxes, hydrants, piping, fittings, and all other appurtenances lying within the legal description of the water easement in Exhibit A and depicted
as the cross-hatched area in Exhibit B attached hereto and incorporated by reference.
Also:
The water line and its appurtenances installed from the Wal-Mart site to the west along SR 507 to the connection point approximately 900 LF from the Wal-Mart site. And the water line
and its appurtenances installed in SR 510 along the west edge of the Wal-Mart site.
IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officers and its corporate seal (if any) to be affixed this _____ day of _______, 20____.
Corporate Name
BY BY
(Signature) (Signature)
ITS ITS
(Title) (Title)
STATE OF ARKANSAS )
) ss
COUNTY OF BENTON )
I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath and stated
that (he/she) was authorized to execute the instrument and acknowledged it as a Regional Vice President of WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust, to be the
free and voluntary act of such statutory trust for the uses and purposes mentioned in the instrument.
WITNESS my hand and official seal this day of , 2008.
Notary Public in and for the
State of Arkansas,
residing at
My commission expires:
System accepted this ______ day of ___________, 20____.
City of Yelm
By: _______________________________
Director of Public Works
EXHIBIT A
(Legal Description of Easement)
EXHIBIT B
(Depiction of Grantor Property & Easement)
.doc
BILLOF~2.DOC
BILL OF SALE Water (2).doc
BILL OF SALE Sewer (2).doc
BILL OF SALE
THIS BILL OF SALE is made and executed this _____ day of ___________, 20____, by and between ______________, hereinafter called the grantor, and the City of Yelm, a Municipal Corporation,
hereinafter called the grantee.
WITNESSETH:
That the grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey, set over, assign and warrant to the City of Yelm the following described
property situated in Thurston County, State of Washington, TO WIT:
The S.T.E.P. system service lateral from the tank to the sewer main, tank, pump and pump controls lying within the legal description of the sewer easement in Exhibit A and depicted as
the cross-hatched area in Exhibit B attached hereto and incorporated by reference.
Also:
The S.T.E.P. system lines and its appurtenances installed within the Rights-of-Way from the Wal-Mart site to the west along SR 507 then turning north on Grove Road to 100th Way then
turning west to the connection point approximately 5,150 LF from the Wal-Mart site. And the sewer main and its appurtenances installed in SR 510 along the west edge of the Wal-Mart site.
IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officers and its corporate seal (if any) to be affixed this _____ day of _______, 20____.
Corporate Name
BY BY
(Signature) (Signature)
ITS ITS
(Title) (Title)
STATE OF ARKANSAS )
) ss
COUNTY OF BENTON )
I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath and stated
that (he/she) was authorized to execute the instrument and acknowledged it as a Regional Vice President of WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust, to be the
free and voluntary act of such statutory trust for the uses and purposes mentioned in the instrument.
WITNESS my hand and official seal this day of , 2008.
Notary Public in and for the
State of Arkansas,
residing at
My commission expires:
System accepted this ______ day of ___________, 20____.
City of Yelm
By: _______________________________
Director of Public Works
EXHIBIT A
(Legal Description of Easement)
EXHIBIT B
(Depiction of Grantor Property & Easement)
.doc
BILLOF~1.DOC
BILL OF SALE Sewer (2).doc
Wal-Mart Yelm, WA Water Easement Agreement v4 122707.doc
WATER EASEMENT AGREEMENT
Yelm, WA Store #3705
THIS WATER EASEMENT AGREEMENT is made this _____ day of _________________, 200___, between WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust (“Grantor"), and the CITY
OF YELM, a municipal corporation ("Grantee").
WITNESSETH:
For valuable consideration, receipt of which is hereby acknowledged, the Grantor, its successors and assigns hereby grants and conveys to the Grantee, its successors and assigns, a
perpetual, non-exclusive easement to maintain and repair the water system constructed by Grantor, over, under, upon and through a portion of that certain real property situated and being
in the County of Thurston, State of Washington, more particularly described as follows:
GRANTOR PARCEL:
See legal description in Exhibit A as depicted in Exhibit B
attached hereto and incorporated by reference.
PERMANENT EASEMENT:
Said portion of the above-described parcel being described as follows:
See legal description of the water easement in Exhibit C and depicted as the
cross-hatched area in Exhibit B attached hereto and incorporated by reference.
TOGETHER WITH the right to enter upon, over and along said real property hereinbefore described, from time to time, to inspect, repair, alter, modify, replace, remove, and update to
present and future technological standards for the sewer and water facility and/or system. Grantee’s right to use the Easement Area shall also be governed by the terms and restrictions
contained in the Addendum attached hereto as Exhibit D, and no maintenance, repair, alteration or modification shall take place in the months of November and December of each year, except
in emergencies. The Grantor shall not place or construct a building or other structure on the easement right-of-way.
The permanent rights herein granted to the Grantee shall continue in force until such time as the Grantee, its successors or assigns, shall permanently abandon the same and upon such
removal or abandonment, all rights hereby granted shall terminate.
IN WITNESS WHEREOF, this instrument has been executed the day and year first above written.
GRANTOR
WAL-MART REAL ESTATE BUSINESS TRUST,
a Delaware statutory trust
BY: ___________________________________
TITLE: Regional Vice President
STATE OF ARKANSAS
COUNTY OF BENTON
I certify that I know or have satisfactory evidence that ________________________________ is the person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as a Regional Vice President of WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware
statutory trust, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Given under my hand and seal this _____ day of ______________________, 200____.
______________________________
Notary Public in and for the State of Arkansas
My commission expires: __________
Accepted by the City of Yelm, Washington, this ____ day of _________________, 200___.
By __________________________
Director of Public Works
STATE OF WASHINGTON
COUNTY OF THURSTON
On this day and year above, personally appeared before me, _____________________________, to me known to the Public Works Director of City of Yelm, a Municipal Corporation, who executed
the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said Municipal Corporation for the uses and purposes therein mentioned and
on oath states he is authorized to execute the said instrument.
Given under my hand and seal this _____ day of _________________________, 200___.
______________________________
Notary Public in and for the State of Washington, residing at ___________________________
My commission expires: __________
EXHIBIT A
(Legal Description of Grantor Property)
(STEWART TITLE REPORTS NO. 998864, 500105, & 998313)
PARCEL 1 OF SHORT SUBDIVISION NO. SS-2093, AS RECORDED DECEMBER 19, 1985, UNDER RECORDING NO. 8512190119.
AN EASEMENT FOR INGRESS, EGREES AND UTILITIES, AS DELINEATED ON THE FACE OF SHORT SUBDIVISION NO. SS-2093, AS RECORDED DECEMBER 19, 1985 UNDER RECORDING NO. 8512190119.
PARCEL 2 OF SHORT SUBDIVISION NO. SS-2093, AS RECORDED DECEMBER 19, 1985, UNDER RECORDING NO. 8512190119.
LOT 10, BLOCK 31, MCKENNA IRRIGATED TRACTS, AS RECORDED IN VOLUME 9 OF PLATS, PAGE(S) 43; EXCEPTING THEREFROM THE SOUTH 10 FEET FOR SECONDARY STATE HIGHWAY NO. 5-H (STATE HIGHWAY 507).
EXHIBIT B
(Depiction of Grantor Property & Easement)
EXHIBIT C
(Legal Description of Easement)
EXHIBIT C
(Legal Description of Easement continued)
EXHIBIT D
(Addendum to Easement Agreement)
Notwithstanding anything to the contrary in the attached document:
Grantee agrees to use due care in any use of the easement herein granted and in the construction, installation, repair, replacement and maintenance either Grantee's improvements or the
easement area as provided for herein so as not to unreasonably disturb Grantor's use of its property. Grantee agrees to return the easement area to its condition which existed prior
to the installation of any of its improvements in the easement area, including but not limited to the replacement of any sod, landscaping, paving or other improvements that existed within
the easement area prior to such installation.
Grantee will forever waive and hold Grantor harmless for, and defend Grantor against, any claims, losses, causes of action, and suits which arise from Grantee's, its agents', employees'
or invitees' acts or omissions, including but not limited to the use of the easement herein granted and will indemnify Wal-Mart for any losses suffered due to any such claims, losses,
causes of action or suits.
The easement granted hereunder is a permanent easement and will continue in full force and effect so long as the easement is used by the Grantee, its successors and assigns. Notwithstanding,
Grantor shall have the right at its sole option and expense to relocate said easement upon Grantor's property. Upon fifteen (15) days written notice Grantee shall release and extinguish
all its rights granted pursuant to this easement.
Grantee shall not interfere with Grantor's business operations while utilizing this easement.
In exercising any rights and privileges under this easement, Grantee shall comply fully with any federal, state or local laws, regulations, ordinances, permits or other authorizations
or approvals or other requirements relating to storm water discharges or the control of erosion or sediment discharges from construction projects, including but not limited to the Clean
Water Act, 33 U.S.C. § 1251 et seq., and the Storm Water General Permit for Discharges Associated with Construction Activities (collectively the "Storm Water Requirements").
Grantee shall secure, maintain and comply with all required licenses, permits and certificates relating to, or otherwise necessary or appropriate for, the construction, installation,
repair, replacement and maintenance of either Grantee's improvements or the easement area as provided for herein. Grantee shall comply with any and all applicable federal, state and
local laws, rules, regulations, statutes, codes, orders and ordinances, including, but not limited to, those governing the prevention, abatement and elimination of pollution and/or protection
of the environment and the employment of its workers.
Grantee shall (i) comply in all respects with all immigration laws, statutes, rules, codes and regulations, (ii) properly maintain all records required by the United States Citizenship
and Immigration Services (the "USCIS"), including, without limitation, the completion and maintenance of the Form I-9 for each of Grantee's employees, and (iii) respond in a timely fashion
to any inspection requests related to such I-9 Forms.
Grantee shall fully cooperate in all respects with any audit, inquiry, inspection or investigation that may be conducted by the USCIS of Grantee or any of its employees. Grantee shall,
on a bi-annual basis during the term of this easement, conduct an audit of the I-9 Forms for its employees and shall promptly correct any defects or deficiencies which are identified
as a result of such audit. Grantor may, in its sole discretion, terminate this easement immediately if, at any time during the term, (x) Grantee violates or is in breach of any provision
of this paragraph or (y) the USCIS determines that Grantee has not complied with any of the immigration laws, statutes, rules, codes and regulations of the United States. Grantee shall
require all subcontractors performing any work on Grantee's improvements or the easement area as provided for herein to make the covenants set forth in this paragraph.
EJA:eja 616797.4 12/27/2007
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Wal-Mart Yelm, WA Water Easement Agreement v4 122707.doc
Wal-Mart Yelm, WA Sanitary Sewer Easement v1 122707.doc
SANITARY SEWER EASEMENT AGREEMENT
Yelm, WA Store #3705
THIS SANITARY SEWER EASEMENT AGREEMENT is made this _____ day of ___________________, 200_______, between WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust (“Grantor"),
and the CITY OF YELM, a municipal corporation ("Grantee").
WITNESSETH:
For valuable consideration, receipt of which is hereby acknowledged, the Grantor, its successors and assigns hereby grants and conveys to the Grantee, its successors and assigns, a
perpetual, non-exclusive easement to maintain and repair a sanitary sewer system constructed by Grantor, over, under, upon and through a portion of that certain real property situated
and being in the County of Thurston, State of Washington, more particularly described as follows:
GRANTOR PARCEL:
See legal description in Exhibit A as depicted in Exhibit B
attached hereto and incorporated by reference.
PERMANENT EASEMENT:
Said portion of the above-described parcel being described as follows:
See legal description of the sewer easement in Exhibit C and depicted as the
cross-hatched area in Exhibit B attached hereto and incorporated by reference.
TOGETHER WITH the right to enter upon, over and along said real property hereinbefore described, from time to time, to inspect, repair, alter, modify, replace, remove, and update to
present and future technological standards for the sewer and water facility and/or system. Grantee’s right to use the Easement Area shall also be governed by the terms and restrictions
contained in the Addendum attached hereto as Exhibit D, and no maintenance, repair, alteration or modification shall take place in the months of November and December of each year, except
in emergencies. The Grantor shall not place or construct a building or other structure on the easement right-of-way.
The permanent rights herein granted to the Grantee shall continue in force until such time as the Grantee, its successors or assigns, shall permanently abandon the same and upon such
removal or abandonment, all rights hereby granted shall terminate.
IN WITNESS WHEREOF, this instrument has been executed the day and year first above written.
GRANTOR
WAL-MART REAL ESTATE BUSINESS TRUST,
a Delaware statutory trust
BY: ___________________________________
TITLE: Regional Vice President
STATE OF ARKANSAS
COUNTY OF BENTON
I certify that I know or have satisfactory evidence that _________________________________ is the person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as a Regional Vice President of WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware
statutory trust, to be the free and voluntary act of such statutory trust for the uses and purposes mentioned in the instrument.
Given under my hand and seal this _____ day of _______________________, 200__.
______________________________
Notary Public in and for the State of Arkansas
My commission expires: __________
Accepted by the City of Yelm, Washington, this ____ day of ______________________, 200____.
By __________________________
Director of Public Works
STATE OF WASHINGTON
COUNTY OF THURSTON
On this day and year above, personally appeared before me, ____________________________, to me known to the Public Works Director of City of Yelm, a Municipal Corporation, who executed
the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said Municipal Corporation for the uses and purposes therein mentioned and
on oath states he is authorized to execute the said instrument.
Given under my hand and seal this _____ day of ______________________, 200____.
______________________________
Notary Public in and for the State of Washington, residing at ___________________________
My commission expires: __________
EXHIBIT A
(Legal Description of Grantor Property)
(STEWART TITLE REPORTS NO. 998864, 500105, & 998313)
PARCEL 1 OF SHORT SUBDIVISION NO. SS-2093, AS RECORDED DECEMBER 19, 1985, UNDER RECORDING NO. 8512190119.
AN EASEMENT FOR INGRESS, EGREES AND UTILITIES, AS DELINEATED ON THE FACE OF SHORT SUBDIVISION NO. SS-2093, AS RECORDED DECEMBER 19, 1985 UNDER RECORDING NO. 8512190119.
PARCEL 2 OF SHORT SUBDIVISION NO. SS-2093, AS RECORDED DECEMBER 19, 1985, UNDER RECORDING NO. 8512190119.
LOT 10, BLOCK 31, MCKENNA IRRIGATED TRACTS, AS RECORDED IN VOLUME 9 OF PLATS, PAGE(S) 43; EXCEPTING THEREFROM THE SOUTH 10 FEET FOR SECONDARY STATE HIGHWAY NO. 5-H (STATE HIGHWAY 507).
EXHIBIT B
(Depiction of Grantor Property & Easement)
EXHIBIT C
(Legal Description of Easement)
EXHIBIT D
(Addendum to Easement Agreement)
Notwithstanding anything to the contrary in the attached document:
Grantee agrees to use due care in any use of the easement herein granted and in the construction, installation, repair, replacement and maintenance either Grantee's improvements or the
easement area as provided for herein so as not to unreasonably disturb Grantor's use of its property. Grantee agrees to return the easement area to its condition which existed prior
to the installation of any of its improvements in the easement area, including but not limited to the replacement of any sod, landscaping, paving or other improvements that existed within
the easement area prior to such installation.
Grantee will forever waive and hold Grantor harmless for, and defend Grantor against, any claims, losses, causes of action, and suits which arise from Grantee's, its agents', employees'
or invitees' acts or omissions, including but not limited to the use of the easement herein granted and will indemnify Wal-Mart for any losses suffered due to any such claims, losses,
causes of action or suits.
The easement granted hereunder is a permanent easement and will continue in full force and effect so long as the easement is used by the Grantee, its successors and assigns. Notwithstanding,
Grantor shall have the right at its sole option and expense to relocate said easement upon Grantor's property. Upon fifteen (15) days written notice Grantee shall release and extinguish
all its rights granted pursuant to this easement.
Grantee shall not interfere with Grantor's business operations while utilizing this easement.
In exercising any rights and privileges under this easement, Grantee shall comply fully with any federal, state or local laws, regulations, ordinances, permits or other authorizations
or approvals or other requirements relating to storm water discharges or the control of erosion or sediment discharges from construction projects, including but not limited to the Clean
Water Act, 33 U.S.C. § 1251 et seq., and the Storm Water General Permit for Discharges Associated with Construction Activities (collectively the "Storm Water Requirements").
Grantee shall secure, maintain and comply with all required licenses, permits and certificates relating to, or otherwise necessary or appropriate for, the construction, installation,
repair, replacement and maintenance of either Grantee's improvements or the easement area as provided for herein. Grantee shall comply with any and all applicable federal, state and
local laws, rules, regulations, statutes, codes, orders and ordinances, including, but not limited to, those governing the prevention, abatement and elimination of pollution and/or protection
of the environment and the employment of its workers.
Grantee shall (i) comply in all respects with all immigration laws, statutes, rules, codes and regulations, (ii) properly maintain all records required by the United States Citizenship
and Immigration Services (the "USCIS"), including, without limitation, the completion and maintenance of the Form I-9 for each of Grantee's employees, and (iii) respond in a timely fashion
to any inspection requests related to such I-9 Forms. Grantee shall fully cooperate in all respects with any audit, inquiry, inspection or investigation that may be conducted by the
USCIS of Grantee or any of its employees. Grantee shall, on a bi-annual basis during the term of this easement, conduct an audit of the I-9 Forms for its employees and shall promptly
correct any defects or deficiencies which are identified as a result of such audit. Grantor may, in its sole discretion, terminate this easement immediately if, at any time during the
term, (x) Grantee violates or is in breach of any provision of this paragraph or (y) the USCIS determines that Grantee has not complied with any of the immigration laws, statutes, rules,
codes and regulations of the United States. Grantee shall require all subcontractors performing any work on Grantee's improvements or the easement area as provided for herein to make
the covenants set forth in this paragraph.
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WAL-MA~2.DOC
Wal-Mart Yelm, WA Sanitary Sewer Easement v1 122707.doc