HomeMy WebLinkAboutNotes Applicant 11/21/2024 (6)Lane County Clerk 2017-037745
Lane County Deeds & Records
08/01 /2017 09:48:47 AM
RPR-DEED Cnt=1 Stn=O CASHIER 01 18pages
S10.00 $21.00 $20.00 $90.00 $11.00 $152.00
RE-RECORDING COVER SHEET
as q�,i
After recording return to:
Paul Hastings LLP
71 South Wacker Drive
Suite 4500
Chicago, Illinois 60606
Attn: Gregory Spitzer, Esq.
All tax statements should be sent to:
No change
1. Document Title — by ORS 205.234(a): Special Warranty Deed
2. Grantor/Direct Party — by ORS 205.125(1)(b) and ORS 205.160: GGP-GATEWAY
MALL L.L.C., a Delaware limited liability company
3. Grantee/Indirect Party — by ORS 205(1)(a) and ORS 205.160:BRFI GATEWAY,
LLC, a Delaware limited liability company
This document is being re -recorded at the request of First American Title Company to
correct the legal description.
Previously recorded as 2017-011362.
Attachment(s) evidencing correction: A new "Exhibit A" reflecting the correct legal
description is attached hereto.
WTI. t 2-q � 9 2- 1-0
After PAoordhV RWum To;
Wastem TVs & Emow Comparty
40? Nkmy ft Sub 340, Etrpane, OR 07401
After recording return to:
Paul Hasun.ds LLP
71 South Wacker Drive
Suite 4500
Illinois 60606
AT7N: Grego;-; Spitzer. Esq.
Until a change is requested all tax
statements shall be sent to the
following address:
BRFI Gatewav, LLC
I J 611 San Vicente Boulevard
Suite 900
Los An2tles, California 90049
Lane County Clerk 2017-011362
Lane County Deeds & Records
03107!2017 01:14: 10 PM
RPR-DEED CnI=1Stn=0CASHIER 02 17pages
S21,00 S85,00 sio 00 S11,00 $127.00
SPECIAL WARRANTY DEED
The true consideration for this conveyance is S] 07,500MO.00.
GGP-GATEWAY MALL L.L.C-. a Delaware limited liability company (-Grantor"), conveys
and sptcialh, warrants to BRFl GATEWAY. LLC. a Delaware limited liability company
{"Grantee" I. the following described real property fret of liens and encumbrances. except as
specificall,., set forth herein:
LEGAL DESCRIPTION: Real pronrerry in the County of Lane, State of Oregon, described as
follows:
See Exhibit "A" attached hereto and made a part hereof.
Special Warranty Deed- continued
Prop. ID: 17-03-22-00-02109, 17-03-22-00-02200, 17-03-22-00-02218, 17-03-22-00-02219, 17-
03-22-00-02300 and 17-03-22-00-02305
Provided, however, that the real property described above is conveyed subject to, and
there are excepted from the special warranty covenants of Grantor, any and all reservations,
restrictions, easements, conditions, encumbrances, and other matters of title and/or of survey set
forth on Exhibit "B" attached hereto and made a part hereof.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF
ANY, UNDER ORS 195300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,
OF CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER
855, OREGON LAWS 2009. THIS INSTRUMENT DOES NOT ALLOW USE OF THE
PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE
LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD
CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO
VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY
ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010. TO VERIFY
THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON
LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930
AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF
ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,
OF CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER
855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Dated this day of nrvtn'�l , 2017.
GGP-GATEWAY MALL L.L.C.,
a Delaware limited liability company
By:
Name: r . Harper
Title: Chief Executive Officer
State of tiiEEW Y02K, County of OEy-/` O(LK) ss.
This instrument was acknowledged before me on this 1 day of Mk&+ , 2017 by GGP-
GATEWAY MALL L.L.C., a Delaware limited liability company, by Brian L. Harper, its Chief
Executive Officer, who acknowledged that he did sign the foregoing instrument and that the same is
the free act and deed of said company and his free act and deed personally and as such Chief
Executive Officer.
NICHOLAS P. WILLIAMS
Notary Public, State of New York
No.01W163104M Notary Public for Pew York
oualHledInNow York County My Commission Expires
CommWdon Expires July 26, 2018
[Gateway Special Warranty Deed]
EXHIBIT A
LEGAL DESCRIPTION
PARCELI
Beginning at a point on the East line of Interstate Five, said point being 600.0 feet North 040 40, 04"
East from the Northwest corner of that certain tract of land described in amendment to contract
between Anna Boyd Davis Reed, seller and Staff Jennings, Inc., buyer, said amendment being
recorded July 20, 1971, Reel 541, Reception No. 55588, Official Records of Lane County, Oregon,
and said beginning point being more particularly described as being 125.69 feet North 001, 04' West
and 564.27 feet South 68' 40' West and 619.49 feet West and 600.0 feet North 04' 40, 04" East from
the Southwest corner of the W. M. Stevens Donation Land Claim No. 46, Section 22, Township 17
South, Range 03 West of the Willamette Meridian, Lane County, Oregon, running thence North 04'
40' 04" East along the East line of Interstate 5 a distance of 1360.7 feet to the Southwest corner of
that, certain tract of land conveyed in Tract II to Calef Properties by Deed recorded November 4,
1971, Reception No. 71503, Official Records of Lane County, Oregon; thence South 89' 50' East
983.66 feet to a point on the West line of Stevens Donation Land Claim, thence North 00' 04' West
along the West line of said Stevens Donation Land Claim 278.19 feet; thence North 89' 45' 20" East
287.16 feet to a point on the Westerly line of Gateway Street; thence South 04' 55' 44" West along
the West line of Gateway Street 1064.03 feet; thence along the West line of Gateway Street on the
arc of a 2904.79 foot radius curve left (the long chord of which bears South 02' 28' 36" West 248.63
feet) a distance of 248.70 feet; thence leaving the West line of said Gateway Street South 68' 40'
West 889.63 feet; thence West 450.0 feet to the Place of Beginning.
PARCEL Il
Beginning at a point on the North line of that certain tract of land described in amendment to contract
between Anna Boyd Davis Reed, seller and Staff Jennings, Inc., buyer, said amendment being
recorded July 20, 1971, Reel 541, Reception No. 55588, Official Records of Lane County, Oregon;
said point being on the West line of the W. M. Stevens Donation Land Claim No. 46, Section 22,
Township 17 South, Range 03 West of the Willamette Meridian, Lane County, Oregon 125.69 feet
North 00' 04' West from the Southwest corner of said Stevens Donation Land Claim; running thence
South 68' 40' West 564.27 feet; thence West 619.49 feet to a point on the East line of Interstate Five;
thence North 00' 40' 04" East along the East line of Interstate Five a distance of 600.0 feet; thence
East 450.0 feet; thence North 68' 40' East 889.63 feet to the West line of Gateway Street; thence
Southerly along the Westerly line of Gateway Street to a point marking the Northeast corner of the
above mentioned Staff Jennings, Inc., tract, thence South 68' 40' West 267.08 feet to the Place of
Beginning.
PARCEL III
A parcel of land in Section 22, Township 17 South, Range 3 West of the Willamette Meridian, in the
City of Springfield, described as follows:
Beginning at a point on the West line of the William Stevens Donation Land Claim No. 46,
Township 17 South, Range 3 West of the Willamette Meridian, 1498.38 feet South 0° 04' East from
the Northwest corner of said Donation Land Claim No. 46; thence South 0° 04' East 211.69 feet
along said West line; thence South 89' 49' 20" West 834.94 feet to a point on the Easterly right of
way line of Interstate 5; thence South 4° 40' West 1422.55 feet along said Easterly right of way line
of Interstate 5 to the true point of beginning; thence continuing South 4° 40' West 378.96 feet along
said right of way line; thence South 89' 50' East 983.66 feet to a point on the West line of said
Donation Land Claim No. 46, North 0° 04' West, 1870.77 feet from the Southwest corner of said
Donation Land Claim No. 46; thence North 0° 04' West 278.19 feet along said West line; thence
North 89' 45' 20" East 287.16 feet to a point on the Westerly right of way line of Gateway Street;
thence North 4° 56' East 106.83 feet along the Westerly right of way line of Gateway Street to a
point which bears North 89' 45' 20" East from the True Point of Beginning; thence South 89' 45' 20"
West 1248.92 feet to the True Point of Beginning, in Lane County, Oregon.
PARCEL IV
Beginning at a point being North 0° 04' 00" West 125.69 feet and South 68' 40' 00" West 369.59 feet
from the Southwest corner of the W. M. Stevens Donation Land Claim No. 46, in Section 22,
Township 17 South, Range 3 West of the Willamette Meridian; said point being on the Westerly
margin of Beverly Street, thence along said margin South 21' 20' 00" East 291.02 feet to the
Northerly margin of Harlow Road; thence leaving said Westerly margin along the Northerly margin,
along the are of a 2819.79 foot -radius curve to the right (the chord of which curve bears South 73'
17' 16" West 296.53 feet) a distance of 296.67 feet; thence continuing along said margin South 76'
25' 34" West 73.40 feet; thence continuing along said margin South 89' 22' 51" West 576.88 feet to
the Easterly margin of Interstate 5; thence leaving said Northerly margin along the Easterly margin
North 4° 41' 18" East 310.02 feet; to the Southwest corner of that certain parcel conveyed to
Gateway Mall Limited Partnership, a South Dakota Partnership by instrument recorded under
Reception No. 88-12552 Official Records, Lane County, Oregon; thence leaving said Easterly
margin East along the south line of aforesaid Gateway Mall Limited Partnership property.
EXCEPT THEREFROM that portion conveyed to Dayton Hudson Corporation, a Minnesota
corporation, by deed recorded March 13, 1990, Recorder's Reception No. 90-11882, Lane County
Oregon Official Records, described as follows: Beginning at a point being North 559.08 feet and
West 883.78 feet from the Southwest corner of the W. M. Stevens Donation Land Claim No. 46, in
Section 22, Township 17 South, Range 3 West of the Willamette Meridian; thence South 85
degrees 20' 00" East 192.50 feet; thence South 4 degrees 40' 00" West 146.92 feet; thence South 85
degrees 20' 00" East 178.76 feet; thence North 4 degrees 40' 00" East 4.85 feet; thence South 85
degrees 20' 00" East 35.78 feet; thence North 34 degrees 39' 03" East 84.36 feet; thence South 85
degrees 20' 00" East 429.71 feet; thence South 4 degrees 21' 29" East 65.26 feet; thence along the are
of a 228.00 foot radius curve to the right (the chord of which curve bears South 32 degrees 09' 15"
West 271.32 feet) a distance of 290.59 feet; thence South 68 degrees 40' 00" West 166.75 feet;
thence South 21 degrees 20' 00" East 54.00 feet; thence South 68 degrees 40' 00" West 60.00 feet;
thence North 21 degrees 20' 00" West 54.00 feet; thence South 68 degrees 40' 00" West 217.49 feet;
thence South 90 degrees 00' 00" West 365.85 feet; thence North 4 degrees 40' 00" East 598.65 feet to
the point of beginning, in ane County, Oregon.
ALSO EXCEPTING THEREFROM that portion described in General Judgment recorded April 6,
2007, Reception No. 2007-022874, Official Records of Lane County, Oregon.
ALSO EXCEPT THEREFROM that portion conveyed to City of Springfield for public road by
Bargain and Sale Deed recorded October 9, 2008, Document No. 2008-056324, Lane County
Records.
ALSO EXCEPTING THEREFROM that portion described in Bargain and Sale Deed recorded
March 8, 1990, Reception No. 90-11194, Official Records of Lane County, Oregon.
(Tax Lot Numbers 17-03-22-00-02109, 17-03-22-00-02200, 17-03-22-00-02218, 17-03-22-00-
02219, 17-03-22-00-02300 and 17-03-22-00-02305)
THE ABOVE DESCRIBED LAND ALSO BEING KNOWN AS (without representation or
warranty as to the accuracy of the description set forth below):
Beginning at a point North 00 degrees 04' 00" West a distance of 125.69 feet from the Southwest
corner of the W.M. Stevens Donation Land Claim No. 46, in Section 22, Township 17 South,
Range 3 West, Willamette Meridian; thence South 68 degrees 40' 00" West a distance of 369.62 feet
to the Westerly right-of-way of Beverly Street; thence South 21 degrees 20' 00" East along said
Westerly right-of-way a distance of 291.02 feet to the Northerly right-of-way of Harlow Road;
thence along the Northerly right-of-way of Harlow Road along the arc of a 2819.79 foot radius curve
right (the chord of which bears South 73 degrees 19' 13" West a distance of 296.53 feet) a distance
of 296.67 feet; thence continuing along said Northerly right-of-way, South 76 degrees 25' 57" West a
distance of 73.46 feet; thence continuing along said Northerly right-of-way South 89 degrees 22' 51"
West a distance of 576.60 feet to the Easterly right-of-way of Interstate 5; thence North 04
degrees 41' 34" East along said Easterly right-of-way a distance of 2647.83 feet to the Southwest
corner of that parcel described on Reel 1139, Reception No. 81 24247; thence leaving said Easterly
right-of-way North 89 degrees 46' 54" East along the South line and extension thereof of said parcel,
a distance of 1249.20 feet to the Westerly right-of-way of Gateway Street; thence along said
Westerly right-of-way the following courses and distances: along the are of a 53.0 foot radius curve
right (the chord of which bears South 15 degrees 55' 15" West a distance of 20.14 feet) a distance
of 20.27 feet; thence along the are of a 127.0 foot radius curve left (the chord of which bears
South 15 degrees 55' 15" West a distance of 48.27 feet) a distance of 48.56 feet; thence South 04
degrees 57' 57" West a distance of 148.74 feet; thence South 26 degrees 54' 23" West a distance
of 32.12 feet; thence South 04 degrees 57' 57" West a distance of 85.15 feet; thence South 27
degrees 39' 44" East a distance of 46.37 feet; thence South 04 degrees 57' 57" West a distance
of 800.07 feet to the point of curvature of a 2904.93 foot radius curve left; thence along the are of
said curve (the chord of which bears South 02 degrees 46' 21" West a distance of 222.48 feet) a
distance of 222.53 feet; thence along the arc of a 53.0 foot radius curve right (the chord of which
bears South 11 degrees 12' 04" West a distance of 19.54 feet) a distance of 19.66 feet; thence along
the arc of a 127.0 foot radius curve left (the chord of which bears South 10 degrees 31' 53" West a
distance of 49.75 feet) a distance of 50.07 feet; thence along the arc of a 2917.93 foot radius curve
left (the chord of which bears South 02 degrees 3P 23" East a distance of 179.44 feet) a distance
of 179.46 feet; thence South 17 degrees 30' 11" West a distance of 31.92 feet; thence South 05
degrees 43' 11" East a distance of 87.27 feet; thence South 39 degrees 45' 43" East a distance
of 46.13 feet; thence along the arc of a 2904.93 foot radius curve left (the chord of which bears
South 09 degrees 46' 48" East a distance of 248.05 feet) a distance of 248.12 feet; thence leaving the
Westerly right-of-way of Gateway Street, South 68 degrees 40' 00" West a distance of 267.40 feet to
the Point of Beginning, all in Lane County, Oregon.
EXCEPT THEREFROM that portion conveyed to Dayton Hudson Corporation, a Minnesota
corporation, by deed recorded March 13, 1990, Recorder's Reception No. 90-11882, Lane County
Oregon Official Records, described as follows: Beginning at a point being North 559.08 feet and
West 883.78 feet from the Southwest corner of the W. M. Stevens Donation Land Claim No. 46, in
Section 22, Township 17 South, Range 3 West of the Willamette Meridian; thence South 85
degrees 20' 00" East 192.50 feet; thence South 4 degrees 40' 00" West 146.92 feet; thence South 85
degrees 20' 00" East 178.76 feet; thence North 4 degrees 40' 00" East 4.85 feet; thence South 85
degrees 20' 00" East 35.78 feet; thence North 34 degrees 39' 03" East 84.36 feet; thence South 85
degrees 20' 00" East 429.71 feet; thence South 4 degrees 21' 29" East 65.26 feet; thence along the arc
of a 228.00 foot radius curve to the right (the chord of which curve bears South 32 degrees 09' 15"
West 271.32 feet) a distance of 290.59 feet; thence South 68 degrees 40' 00" West 166.75 feet;
thence South 21 degrees 20' 00" East 54.00 feet; thence South 68 degrees 40' 00" West 60.00 feet;
thence North 21 degrees 20' 00" West 54.00 feet; thence South 68 degrees 40' 00" West 217.49 feet;
thence South 90 degrees 00' 00" West 365.85 feet; thence North 4 degrees 40' 00" East 598.65 feet to
the point of beginning, in Lane County, Oregon.
ALSO EXCEPTING THEREFROM that portion described in General Judgment recorded April 6,
2007, Reception No. 2007-022874, Official Records of Lane County, Oregon.
ALSO EXCEPT THEREFROM that portion conveyed to City of Springfield for public road by
Bargain and Sale Deed recorded October 9, 2008, Document No. 2008-056324, Lane County
Records.
ALSO EXCEPTING THEREFROM that portion described in Bargain and Sale Deed recorded
March 8, 1990, Reception No. 90-11194, Official Records of Lane County, Oregon.
(Tax Lot Numbers 17-03-22-00-02109, 17-03-22-00-02200, 17-03-22-00-02218, 17-03-22-00-
02219, 17-03-22-00-02300 and 17-03-22-00-02305)
PARCEL V:
Together with those rights and easements constituting rights in real property created defined and
limited by that certain Construction, Operation and Reciprocal Easement Agreement by and between
Gateway Mall Limited Partnership, a South Dakota limited partnership (Developer) and Dayton
Hudson Corporation, a Minnesota corporation (Target), including the terms and provisions thereof,
dated March 13, 1990, recorded March 13, 1990 under Recorder's Reception No. 90-11883, in the
Official Records of Lane County, Oregon and as amended by instruments recorded June 13, 2003,
Document No. 2003-053669, recorded October 29, 2013, Document No. 2013-056807 and recorded
June 10, 2014, Document No. 2014-021249.
EXHIBIT B
EXCEPTIONS
Any lien, or right to lien, for services, labor or material hereafter furnished, imposed
by law and not shown by the public records.
2. Utility Easement created by instrument, including the terms and provisions thereof,
Recorded: June 23, 1926
Volume 148, Page 569, Lane County Records
In favor of: Mountain States Power Company
(now Pacific Power & Light Company)
For: electric transmission lines and/or electric distribution
system
3. Utility easement created by instrument, including the terms and provisions thereof,
Recorded: June 23, 1926
Volume 148, Page 571, Lane County Records
In favor of: Mountain States Power Company
(now Pacific Power & Light Company)
For: electric transmission lines and/or electric distribution
system
4. Easement for canal contained in Water Contract between Eugene -Springfield Land
and Water Company and Ira H. Calef, et al, including the terms and provisions
thereof,
Recorded: November 4, 1936
Volume 189, Page 24, Lane County Records
The above easement was assigned by numerous documents, the last of which was
Quitclaim Deed,
Recorded: February 22, 1989
Document No.: 89-08203, Lane County Records
To: Gateway Mall Limited Partnership
5. An easement created by instrument, including the terms and provisions thereof,
Recorded: October 16, 1946
Document No.: 24684, Lane County Records
Book 333, Page 637, Lane County Records
In favor of: Mountain States Power Company
6. Access Restrictions to Interstate 5 (Pacific Highway) as disclosed by deed from Anna
Boyd Davis Reed, et vir, to the State of Oregon, by and through its State Highway
Commission, including the terms and provisions thereof,
Recorded: June 28, 1957
Document No.: 16055, Lane County Records
7. Relinquishment of Access Rights to Interstate 5 (Pacific Highway) contained in deed
from Hazel Calef, a widow, to the State of Oregon, by and through its State Highway
Commission, including the terms and provisions thereof,
Recorded: May 15, 1958
Document No.: 38851, Lane County Records
8. Utility easement created by instrument, including the terms and provisions thereof,
Recorded: October 30, 1959
Document No.: 82151, Lane County Records
In favor of: City of Eugene
For: electric power, telephone and telegraph equipment,
lines and poles
As and to the extent shown on Survey dated December 5, 2016, last modified
February 28, 2017, by Duryea & Associates, P.S., Job No. 15-2022 (the "Survey")
9. Utility easement created by instrument, including the terms and provisions thereof,
Recorded: November 3, 1959
Document No.: 82428, Lane County Records
In favor of: City of Eugene
For: electric power, telephone and telegraph equipment,
lines and poles
As and to the extent shown on the Survey.
10. Utility easement created by instrument, including the terms and provisions thereof,
Recorded: February 21, 1962
Document No.: 60269, Lane County Records
In favor of: Pacific Power & Light Company
For: electric transmission and distribution lines
As and to the extent shown on the Survey.
11. Utility easement created by instrument, including the terms and provisions thereof,
Recorded: February 21, 1962
Document No.: 60270, Lane County Records
In favor of: Pacific Power & Light Company
For: electric transmission and distribution lines
As and to the extent shown on the Survey.
12. Unrecorded floodway easement as disclosed by instrument recorded between the
McKenzie Water Control District, grantor, and Pacific Power & Light Company,
grantee, including the terms and provisions thereof,
Recorded: May 21, 1962
Document No.: 70248, Lane County Records
As and to the extent shown on the Survey.
13. Intentionally Omitted
14. An easement created by instrument, including the terms and provisions thereof,
Recorded: September 24, 1976
Document No.: 76-50098, Lane County Records
In favor of: City of Springfield
For: sanitary sewer
As and to the extent shown on the Survey.
15. An easement created by instrument, including the terms and provisions thereof,
Recorded: September 24, 1976
Document No.: 76-50099, Lane County Records
In favor of: City of Springfield
For: sanitary sewer
As and to the extent shown on the Survey.
16. Utility easement created by instrument, including the terms and provisions thereof,
Recorded: February 8, 1980
Document No.: 80-07062, Lane County Records
In favor of: City of Springfield
As and to the extent shown on the Survey.
17. Disposition and Development Agreement with the City of Springfield, including the
terms and provisions thereof,
Recorded: October 21, 1988
Document No.: 88-44251, Lane County Records
Amended by instrument,
Recorded: February 11, 1998
Document No.: 98-09140, Lane County Records
(Excluding all payment obligations contained therein, including without limitation
Sections 8 and 22 of the original agreement and Section 4 of the 1998 amendment)
18. A permit and easement created by instrument, including the terms and provisions
thereof,
Recorded: September 28, 1989
Document No.: 89-43900, Lane County Records
In favor of: City of Eugene
For: underground electric utility line
As and to the extent shown on the Survey.
19. An easement created by instrument, including the terms and provisions thereof,
Recorded: February 23, 1990
Document No.: 90-08986, Lane County Records
In favor of: Rainbow Water and Fire District
As and to the extent shown on the Survey.
20. An easement created by instrument, including the terms and provisions thereof,
Recorded: March 8, 1990
Document No.: 90-11195, Lane County Records
In favor of: City of Springfield
As and to the extent shown on the Survey.
21. Construction, Operation and Reciprocal Easement by and between Gateway Mall
Limited Partnership and Dayton Hudson Corporation, including the terms and
provisions thereof,
Recorded: March 13, 1990
Document No.: 90-11883, Lane County Records
(Parcel II)
First Amendment to Construction, Operation and Reciprocal Easement Agreement,
including the terms and provisions thereof,
Recorded: June 13, 2003
Document No.: 2003-053669, Lane County Records
Second Amendment to Construction, Operation and Reciprocal Easement Agreement,
including the terms and provisions thereof,
Recorded: October 29, 2013
Document No.: 2013-056807
Third Amendment to Construction, Operation and Reciprocal Easement Agreement,
including the terms and provisions thereof,
Recorded: June 10, 2014
Document No.: 2014-021249, Lane County Records
22. Terms, provisions and conditions of easement, as contained in that certain
Agreement dated March 13, 1990, by and between Gateway Mall Limited Partnership
and Dayton Hudson Corporation, as disclosed by Memorandum,
Recorded: March 13, 1990
Document No.: 90-11884, Lane County Records
23. Unrecorded lease, including the terms and provisions thereof, and such other
matters, interest, or exceptions as may appear necessary upon examination of the
original lease,
Lessor: Gateway Mall Limited Partnership,
a South Dakota Limited Partnership
Lessee: Sears, Roebuck and Co., a New York corporation
A memorandum of which was,
Dated: March 2, 1990
Recorded: April 9, 1990
Document No.: 90-16157, Lane County Records
(containing no purchase options, rights of first refusal or rights of first offer)
24. Lease, including the terms and provisions thereof, a memorandum of which was,
Dated: February 28, 1995
Recorded: April 11, 1995
Document No.: 95-19998, Lane County Records
Between: Gateway Mall Partners, a South Dakota general
partnership, Lessor and United Merchandising Corp.,
a California corporation, Lessee
(containing no purchase options, rights of first refusal or rights of first offer)
25. An easement created by instrument, including the terms and provisions thereof,
Recorded: June 18, 1996
Document No.: 96-40795, Lane County Records
In favor of: City of Springfield
For: underground electric distribution line
As and to the extent shown on the Survey.
26. City of Springfield Improvement Agreement and Application for Sewer Hookup,
including the terms and provisions thereof,
Recorded: June 20, 1996
Document No.: 96-41612, Lane County Records
27. An easement created by instrument, including the terms and provisions thereof,
Recorded: October 30, 1996
Document No.: 96-73241, Lane County Records
In favor of: City of Springfield
For: underground electric distribution line
As and to the extent shown on the Survey.
28. An easement created by instrument, including the terms and provisions thereof,
Recorded: September 26, 1997
Document No.: 97-65399, Lane County Records
In favor of: City of Springfield
For: public utilities
As and to the extent shown on the Survey.
29. Lease, including the terms and provisions thereof, a memorandum of which was,
Dated: August 20, 1999
Recorded: September 7, 1999
Document No.: 99-077472, Lane County Records
Between: Gateway Mall Partners, a South Dakota
general partnership, Lessor, and Cinemark
USA, Inc., a Texas corporation, Lessee
(containing no purchase options, rights of first refusal or rights of first offer)
30. An easement created by instrument, including the terms and provisions thereof,
Recorded: November 16, 2001
Document No.: 2001-076670, Lane County Records
In favor of: City of Springfield, acting by and through its
Springfield Utility Board
For: underground electric distribution line
As and to the extent shown on the Survey.
31. Unrecorded lease, including the terms and provisions thereof,
Dated: April 17, 2001
Lessor: GGP-Gateway Mall, LLC,
a Delaware limited liability company
Lessee: RCI Realty, LLC, a Georgia
limited liability company
Disclosed by: Memorandum of Lease
Recorded: March 1, 2002
Document No.: 2002-016301, Lane County Records
Assignment of Rights in Lease, including the terms and provisions thereof,
Dated: October 11, 2002
Recorded: October 30, 2002
Document No.: 2002-084778, Lane County Records
Memorandum of Assignment of Lease, including the terms and provisions thereof,
Dated: October 11, 2012
Recorded: October 16, 2012
Document No.: 2012-053095, Lane County Records
To: Apple Oregon LLC, a Delaware limited liability company
(containing no purchase options, rights of first refusal or rights of first offer)
32. An easement created by instrument, including the terms and provisions thereof,
Recorded: June 4, 2002
Document No.: 2002-042936, Lane County Records
In favor of: City of Springfield, acting by and through its
Springfield Utility Board
For: electric distribution and telecommunication lines
As and to the extent shown on the Survey.
33. Unrecorded lease, including the terms and provisions thereof,
Dated:
September 14, 1998
Lessor:
GGP-Gateway Mall, L.L.C. formerly known as
Gateway Mall Partners, a South Dakota
general partnership
Lessee:
OCB Restaurant Co., a Minnesota corporation,
as successor by merger to OCB Realty, Co.
Disclosed by: Memorandum of Lease
Recorded:
June 13, 2003
Document No.:
2003-053841, Lane County Records
The lessee's interest in the above lease was assigned by Assignment of Lease,
including the terms and provisions thereof,
Dated:
June 6, 2003
Recorded:
June 13, 2003
Document No.:
2003-053842, Lane County Records
From:
OCB Restaurant Co., a Minnesota corporation,
as successor by merger to OCB Realty Co.
To:
ORG5, LLC, a Delaware limited liability company
(containing no purchase
options, rights of first refusal or rights of first offer)
Grant Deed (Improvements), including the terms and provisions thereof,
Recorded: June 13, 2003
Document No.: 2003-053843, Lane County Records
(affects only improvements owned by ORG5, LLC)
34. Memorandum of Affiliate Sublease, including the terms and provisions thereof,
Dated: June 6, 2003
Recorded: June 13, 2003
Document No.: 2003-053847, Lane County Records
Sublessor: ORG5, LLC, a Delaware limited liability company
Sublessee: ORG Properties, LLC,
a Delaware limited liability company
(containing no purchase options, rights of first refusal or rights of first offer)
35. Memorandum of Lease, including the terms and provisions thereof,
Dated: June 6, 2003
Recorded: June 13, 2003
Document No.: 2003-053850, Lane County Records
Lessor: ORG Properties, LLC,
a Delaware limited liability company
Lessee: O.R.G. Restaurants, LLC,
a California limited liability company
(containing no purchase options, rights of first refusal or rights of first offer)
36. Memorandum of Lease, including the terms and provisions thereof,
Dated:
August 15, 2005
Recorded:
November 15, 2005
Document No.:
2005-090944, Lane County Records
Lessor:
GGP-Gateway Mall, L.L.C.,
a Delaware limited liability company
Lessee:
Kohl's Department Stores, Inc.,
a Delaware corporation
(containing no purchase
options, rights of first refusal or rights of first offer)
37. Terms, provisions and conditions of easement, including but not limited to
maintenance provisions contained in General Judgment
Filed: March 27, 2007
Circuit Court Case No.: 16 06 00281
Recorded: April 6, 2007
Document No.: 2007-022874, Lane County Records
For: bicycle/pedestrian facility
As and to the extent shown on the Survey.
38. Landlord Agreement, including the terms and provisions thereof,
Recorded: December 26, 2012
Document No.: 2012-066081, Lane County Records
Between: Apple Oregon LLC, a Delaware limited
liability company, as successor in interest
to the tenant named therein
And: GGP-Gateway Mall L.L.C.,
a Delaware limited liability company
39. Memorandum of Lease, including the terms and provisions thereof,
Dated:
December 5, 2012
Recorded:
December 27, 2012
Document No.:
2012-066273, Lane County Records
Lessor:
GGP-Gateway Mall L.L.C.,
a Delaware limited liability company
Lessee:
Wal-Mart Stores, Inc., a Delaware corporation
(containing no purchase
options, rights of first refusal or rights of first offer)
40. Memorandum of Lease, including the terms and provisions thereof,
Dated:
May 6, 2013
Recorded:
May 17, 2013
Document No.:
2013-026684, Lane County Records
Lessor:
Gateway Mall L.L.C.,
a Delaware limited liability company
Lessee:
Wingmen V, LLC,
a Washington limited liability company
(containing no purchase options, rights of first refusal or rights of first offer)
41. Notice of Operations and Maintenance Agreement, Private Stormwater
Management and Treatment System, including the terms and provisions thereof,
Dated: February 25, 2014
Recorded: February 26, 2014
Document No.: 2014-006757, Lane County Records
42. Memorandum of Lease, including the terms and provisions
thereof, original lease
Dated: March 31, 2014
Recorded: May 5, 2014
Document No.: 2014-016278, Lane County Records
Lessor: GGP-Gateway Mail, LLC,
a Delaware limited liability company
Lessee: Hobby Lobby Stores, Inc., an Oklahoma
corporation (containing no purchase options, rights of first refusal or rights of
first offer)
43. Memorandum of Lease, including the terms and provisions
thereof, Dated:
February 10, 2015
Recorded:
February 24, 2015
Document No.:
2015-007001, Lane County Records
Lessor:
GGP-Gateway Mall L.L.C.,
a Delaware limited liability company
Lessee:
Ulta Salon, Cosmetics & Fragrance,
Inc., a Delaware corporation
(containing no purchase
options, rights of first refusal or rights of first offer)
44. Memorandum of Lease, including the terms and provisions
thereof, Dated: December 15, 2014
Recorded: March 13, 2015
Document No.: 2015-009799, Lane County Records
Lessor: GGP-Gateway Mall, L.L.C.,
a Delaware limited liability company
Lessee: Ross Dress for Less, Inc., a Virginia
corporation (containing no purchase options, rights of first refusal or
rights of first offer)
45. Encroachment of improvements into easement for underground waterline
and appurtenances, recorded February 23, 1990, Document No. 90-
08986, Lane County Records and into easement for utilities, recorded June
18, 1996, Document No. 96-40795, as shown on the Survey.
46. Rights of the following parties in possession as tenants or licensees only,
under unrecorded leases or licenses, with no rights of first refusal, or options
or rights to purchase any portion of the property:
KOHL'S DEPARTMENT STORES INC.
SEARS
TARGET
ASHLEY HOME FURNISHINGS
CABELA'S
HOBBY LOBBY
HOMETOWN BUFFET
INTERNATIONAL FITNESS
MARSHALLS
PETCO SUPPLIES & FISH
ROSS DRESS FOR LESS
CINEMARK
APPLEBEE'S
ASPEN DENTAL
BIG 5 SPORTING GOODS
BUFFALO WILD WINGS GRILL & BAR
CARL'S JR.
CH IPOTLE
FIREHOUSE SUBS
MENCHIE'S
NOODLES & COMPANY
ORIGINAL ROADHOUSE GRILL
PANERA BREAD
SLEEP TRAIN
T-MOBILE
WAL-MART
DIAMOND WIRELESS
GAMESTOP
HARRY RITCHIE JEWELERS
KAY JEWELERS
MAURICES
NAILS NOW
NAILS UNCORKED
OREGON SPORTS
PAYLESS SHOESOURCE
RACK ROOM SHOES
STATE OF OREGON-MILITARY DEPARTMENT
U LTA
US ARMY/NAVY RECRUITING
CARDTRONICS
Al EYEBROW BY THREADING
CRAFTERS ALLEY
FRESH AND NATURAL
INDULGE ANTIQUES
NORTHWEST BEDS
OREGON SPORTS
SOUTHERLAND INSURANCE GROUP
TALK TIME
BITCOINNW
KIDDIE CONCEPTS
MINI MELTS CTM
JELSALAIS INDUSTRIES
BLUEGREEN VACATIONS
INNOVATIVE VENDING SOLUTIONS