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Home My WebLink AboutDeed APPLICANT 7/16/2008 (2) . . "..,..~ RECORDING RETURN TO f:l)!hl NATION1-\L TITLE INSURANCE cUMPANY OF OREGON PO MIt 10627 ~U\lfNE, OR 97440 After recordmg, return to Wal-Mart Stores, Inc Sam M Walton Development Complex 200 I S E Tenlh Street Bentonvllle, Arkansas 72716-0550 AttentIon DaVId Lynch \ / Division of Chief Depuly Cle,k ~BBI.~ml~ Lane Counly Deeds and Reco,ds ,~V V,,~, 1111111111111111111111111111111111111111111 $41.00 ,)J.91512201il101il42512ell..01il~2 07JI0/200112:02:00 PM RPR-DEED Cnl=l Sln=6 CRS~IER 1il2 $21il 1il0 $11 00 $10 00 Until a change IS requested, mall all tax statements to PaCific Coast OptIons, LLC POBox 2611 Eugene, Oregon 97402-0228 Tax Account No SPECIAL WARRANTY DEED WAL-MART STORES, INC, a Delaware corporatIOn, Grantor, conveys to PACIFIC COAST OPTIONS, LLC, an Oregon limIted liabilIty company, Grantee, the followmg-descnbed real property Lot 20] of the Southeast quarter of SectIOn 25, TownshIp 17 South, Range 3 West, W M , Lane County, Oregon Also known as Exlnbl t "one" = , The true-conslderalion for thIS conveyance IS $3,763,584 00 TO HAVE AND TO HOLD saId land unto Grantee, and Its successors and asSigns, forever wIth all tenements, appurtenances and heredItaments thereunto belongmg, subject to easements, condltlOns, restnctlOns and other matters of record, and sublect to the followmg condItions and restrictions (a) Grantee covenants that the Property shall only be used for purposes of the kmd typIcally found In shoppmg centers, mcludmg, but not hmlted to, offices, restaurants, and retarl shops, and for no other purpose Without the wntten consent of Grantor or Its successors, (b) Grantee further covenants that the Property shall not be used for or m support of the followmg (I) a general merchandise dIscount store whose overall retaIl concept IS based on a dlScountmg prIce structure greater than ] 0,000 square feet (except that a home Improvement store such as Jerry's Home Improvement Center, Lowe's or Home Depot shall not be conSIdered a general merchandIse dlscount store), wholesale membershIp/warehouse club, grocery store/supermarket, phannacy/drug store, (n) gas statlon, dIscount rack shoe store, qUick lube/OIl change facIlity, automoblle tire sales, em) movie theater, bowhng alley, health spa/fitness center; or (tv) adult book store, cafeteria, movie theater, bowhng alley, health spa/fitness center, bar, nIght club, bllhard parlor, any place of recreatIOn/amusement, or any business whose prmclpal revenues are from the sale of alcoholic beverages, (c) Grantee further covenants that only two (2) one-story bUlldmgs may be erected on Said Property, whIch butldmgs, so long as the applIcable parking ratJo set forth square feet m floor Size collectIvely and shall not exceed thirty-five (35) feet In height, \ j-\ '" Date Received ~ .....~~ '~"', ro: , ~.a'" "'~4;';_ '-"'._'~"'~"C. J ... "__""'''',.,., ,~~':Sl""'-'''Wji-'''''''. ~w...--:;.:, -- -......... ~~ ...".,q,o;.';;1Ifw,...../".:- -- -. -"'. JUL 1 6 2008 ] Onglnal Submittal r=/'JT iO'?-+0, y~ , . , ... Cd) Grantee further covenants that In the event the Property 15 used for a sit-down table service restaurant, there shall not be less than fifteen (15) parkmg spaces on the Property for every one thousand (1,000) square feet of floor bUJldlng area thereon, In the event the Property IS used for a fast-food restaurant offenng drive-through serYlce, there shall not be less than twelve (12) parking spaces on the Property for every 1,000 square feet of floor bUilding area thereon, for all other uses permitted hereunder there shall not be less than five (5) parking spaces per one thousand (I,OOO) square feet of floor bUIlding area on the Property , (e) Grantee further covenants that (I) only Signs advertlSmg bus mess located on the Property may be erected thereon, (II) the Property and all Improvements erected or constructed thereon shall be maintained In good condlDon and repair, and (III) the exterior of which shall not be constructed of metal, Cf) Grantor reserves the right to approve, pnor to commencement of any construction by Grantee of any bUlldmgs or Improvements on the Property, Grantee's (I) Site plans, (II) utilIty plans Includmg connectIOns, (1II) gradmg plans mcludmg stormwater management, (IV) setbacks from lot Imes, (v) locatIOn and dlmenSlOns of parkmg areas and spaces, dnveways, and service areas, (VI) landscapmg plans, (Vll) the placement of Purchaser's bUlldmg(s) and other Improvements mcludmg square footage of bUlldmg(s), (VIII) extenor elevatIOns and (IX) Slgnage ("Development Plan") prepared by certIfied/lIcensed archItects and/or engmeers and conforming With the restnctlOns set forth above Grantor shall have thIrty (30) days after receIpt of the Development Plan from Grantee to approve or dIsapprove the Development Plan m wntmg Tf the Development Plan IS disapproved, Grantor shall give the reasons for such disapproval, and Grantee shall resubmit to Grantor a revised Development Plan mcorporatmg Grantor suggested reVISIons wlthm thIrty (30) days from the date of Grantee's receipt of Grantor's disapproval, and the same time schedule as mentIoned above shall be repeated unttl the Development Plan IS approved, Development Plan shall be sent to the attention of Director of Realty Management, Wal-Mart Realty, 2001 S E 10th Street, Bentonvllle, AR 72716-0550 (g) All such covenants, conditIOns, restnctlOns and approval nghts shall remam In effect for a penod of fifty (50) years The aforesaId covenants, conditIOns, restnctlOns and approval nghts shall run WIth and bmd the Property, and shall bmd Grantee or an affihated company, or Its successors or aSSIgns, and shall mure to the benefit of and be enforceable by Grantor, or an aftihated company, or ItS successors and aSSIgns, by any appropnate proceedmgs at law or In eqUIty to prevent VIolatIOns of such covenants, conditIOns, restnctlons and approval nghts andlor to recover damages for such vlOlatlOns Date Received JUL 1 6 2008 )ngmal Submittal AND SAID GRANTOR does hereby warrant the title to SaId Property, and will defend the same agamst the lawful claims of all persons claImmg under Grantor, but none other, subject to the easements, encumbrances, restrlctJOns, and other matters of record and the covenants. conditions, and restnctlons as stated herem, and subject to real property taxes for the year of2001, and thereafter IIII:..:,_.............~~~ THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS ~ UMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATlONS -"..-,.., ~. ~~RE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE --TO.rijE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING ~J"''''' _~_.:_~~~ - -- 2 ......... . . " DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMlNE ANY LIMITS ON LA WSUITE AGAINST FARM[NG OR FOREST PARCTICES AS DEFINED IN ORS 30 930 THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECT[ON DISTRICT PROTECTING STRUCTURES THE PROPERTY [S SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, [N FARM OR FOREST ZONES, MAY NOT AUTHOR[ZE CONSTRUCTION OR SlTrNG OF A RESDENCE AND WHICH LIMIT LA WSU[TS AGA[NST FARM[NG OR FOREST PRACTICES AS DEF1NED IN ORS 30930 IN ALL ZONES BEFORE SlGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE C1TY OR COUNT PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECT[ON FOR STRUCTURES DA TED "5 u.. Iv I 1 .2001 WAL-MART STORES, INC Arrest BY p1r:J.....;:J~_ Michael W Kerstmg, Assistant Secretary Ill-- By --r:~.,;;co ~ J Sc~~;e~r, Db/tor of Buildmg Development STATE OF ARKANSAS ) (?,ento\,\ ) ss COUNTY OF w"~;;;-;;,, ~ .:;. ) TIlls Instrument was acknowledged before me on ::w J lL ~ ,2001 by J Scott Greear, Director ofBulldmg Development, ofWal-Mart St8r;,IrU:, a Delaware corporatIOn and by Mlchael W Kerstmg, Assistant Secretary, ofWal-Mart Stores, lnc I a Delaware corporation _\'l'u( h,o{1 ~ rrJni}uJ Notary PublIc for Arkansas My commiSSIon expires '? -/iJ -0 '7 JUl f 6 2008 '~EAL" .. NOTARY S MIchelle L Rhoden, NOlary:~~~~ Benton County on' SE~pt~~~ ~~ 4/2007 My COmmlSSI Date Received Original Submittal ......- -""'::::::----""~... ,.. ~---.._.,.,.. , .. ~"!~"",, ' --_:: tlL_. .,,-~ Wf.,.,_ to'" -_ M~ _-.-'.._ ".... 3 . '. '\ Order No 00-702467-46 EXHIBIT "ONE" A tract of land lYing within the Southeast 1/4 Quarter of Section 25, Township 17 South, Range 3 West of the Wlllamette Meridian, Lane County, Oregon, begin described as follows Commencing at the Southwest corner of the B B Powers Donation land Claim No 81, said corner being marked by a 23/4 Inch diameter, brass cap inscribed" 1971 - SW COR B B POWERS - DLC #81 ", thence along the South hne of the B B Powers DonatIon Land Claim, South 880 03' 47" East, a distance of 503 10 feet to a 5/8 Inch Iron rod with an orange plastic cap inscribed "FNF" marking the True POint of Beginning of the tract herein described, thence North 01 057' 48" East, a distance of 282 66 feet to a 5/8 Inch rod with an orange plastIc cap inscribed "FNF", thence South 88003' 47" East, a distance of 98 40 feet to a 5/8 Inch rod wIth an orange plastic cap inscribed "FNF", thence North 010 57' 48" East, a distance of 298 81 feet to a 5/8 Inch Iron rod with an orange plastic cap Inscribed "FNF", thence South 880 03' 47" East, a distance of 110 50 feet to a 5/8 Inch Iron rod with an orange plastic cap Inscribed "FNF", thence North 01 057' 48" East, a distance of 5949 feet to a POint In the South right-of-way hne of the "Q" Street Floodway Channel, said pOint being marked by a 5/8 Inch Iron rod with an orange plastic cap Inscribed "FNF", thence along said South right-of-way line, North 880 04' 12" East, a d,stance of 583 09 feet to a 5/8" Iron rod with an orange plastIc cap Inscribed "CONSULTING ENGINEERING SERVICES", thence South 01056' 13" West, a distance of 64103 feet to a 5/8" Iron rod with an orange plastic cap Inscribed "CONSULTING ENGINEERING SERVICES", thence North 880 03' 47" West, a distance of 792 27 feet to the True POint of Beginning, In Lane County, Ore90n Date Received' JUl 1 6 2008 Onglnal Submittal ~~,. ~~..-;.~~ __~l_-"-:::: -'.cw~ ....~....~"-~_. ~e'BU"'~'4~~)o...~~ ..""",,~-~<.. ~---,_.~ ~- - ---.;;;, ~ 2