Dike Access Road Property Easements

The Walmart Corporation has requested an additional easement for street lighting.  (see "5 ft Public Utility Easement Exhibit.pdf")  Additionally, they have requested execution of two documents (Right of Way Dedicaiton Deed.pdf, and Temporary Construction Easement.pdf)  related to the original agreement, approved and signed in September 2007 (Executed Agreement).  

Kathleen J. Haggard, our attorney in this matter is advising as follows:

"Re: the two sets of documents received from Pacland, the first (from Shawn Nguy) consists of a temporary construction easement and right-of-way dedication.  The temporary construction easement appears to have the exact same wording as the agreement the District signed in September 2007, so I believe that signing it would be redundant and unnecessary on the District’s part.  However, Walmart seems convinced that they need the District to sign, so you can go ahead and do so.  The second document in this set is a right-of-way dedication, which conveys a triangular portion of the District’s property to Walmart for use in the shared right of way.  This document is necessary because the September 2007 agreement merely promised to convey the right-of-way—it didn’t actually dedicate it.  So, go ahead and sign this one as well.  (But before signing either one, be sure to look them over to make sure they accurately depict the area of the easement and dedication.)

 The second document (from Jeff Vanderdasson) is a picture of the public utility easement for streetlights Walmart is requesting now.  The PUE would give Walmart the right to install street lights on a strip of the District’s property.  The District would benefit from these street lights by not having to install them when it develops the property.  As long as the easement claimed does not interfere with the District’s access or planned use of the property, I think the District should agree to it because it receives such obvious value.  It might be worth verifying Walmart’s claim that the street lights Walmart is putting in would satisfy City (or County?) requirements for the District’s planned development as well.  You wouldn’t want to have to undo, or add to, Walmart’s work at a later date. "


I am seeking authorization to execute the documents as presented.


Administrative recommendation:  /MOTION/  I move to authorize the superintendent to execute the Right of way dedicaiton deed and the temporary construction easement as presented.   I further move that we authroize the superintendent to execute appropriate agreements, granting, with appropriate consideration, a 5 footPublic Utility Easement along Robinson Road.

Attached Files:
5 ft Public Utility Easement Exhibit.pdf 113 application/octect-stream
Executed Agreement.pdf 1 application/octect-stream
Right-of-Way dedication deed.pdf 274 application/octect-stream
Temporary Construction Easement.pdf 588 application/octect-stream