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Home My WebLink AboutDeed APPLICANT 7/16/2008 . p...,..~ RECORDING RETUR, 0 ~),!I" NA ,lONAl TITLE INSURANCE ~\JMPArJY OF OREGON PO B<llt 10827 EU\3i:Ni:, OR 97440 After recordmg, return to Wal-Mart Stores, Inc Sam M Walton Development Complex 200 I S E Tenth Street Bentonv1lle, Arkansas 72716-0550 Attentlon David Lynch , , Division of Chief Depuly Clerk ~~~1.0ml~ Lane Counly Deeds and Records LVV ~Lv' 111II11111111ll111111111111111111111111111111111 $41,00 10191512200100425120040042 07)10/2001 12 :02 :00 PM RPR-DEED Cnl=l Sln=6 CRSHiER 02 $20 00 $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 corporallon, Grantor, conveys to PACIFIC COAST OPTIONS, LLC, an Oregon limIted liability company, Grantee, the foJlowmg-descrlbed real property Lot 201 of the Southeast quarter of SectlOn 25, Townsh1p 17 South, Range 3 West, W M, Lane County, Oregon Also known as Ex}nb~ t "one" . , The true-conSIderation for thIS conveyance IS $3,763,584 00 TO HAVE AND TO HOLD saJd land unto Grantee, and Its successors and aSSIgns, forcver With all tenements, appurtenances and hereditaments thereunto belongmg, subject to easements, condItIOns, restrictIOns and other matters of record, and sublect to the folloWIng condItIons and restnctlQns (a) Grantee covenants that the Property shall only be used for purposes of the kmd typically found In shoppmg centers, Includmg, but not limited to, offices, restaurants, and retaIl shops, and for no other purpose Without the WTltten 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 10,000 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 storelsupennarket, phannacy/drug store, (1I) gas statIOn, dIscount rack shoe store, qUick lube/OIl change faclllry, automobile t1re sales, (m) movie theater, bowlmg alley, health spa/fitness center, or (IV) adult book store, cafetena, movie theater, bowling alley, health spa/fitness center, bar, night club, b1lltard parlor, any place of recreatIOn/amusement, or any bus mess whose pnnclpal revenues are from the sale of alcoholIC beverages, (c) Grantee further covenants that only two (2) one-story buildmgs may be erected on saJd Property, whlch bUlldmgs, so long as the applicable parkmg ratio set forth square feet In fioor Size collectively and shall not exceed thirty-five (35) feet In he1ght, Date Received JUL 1 6 2008 Onginal Submittal 'FNT 70;;,1 +-0 -r Y;;?- .... Cd) Grantee further covenants that In the event the Property 15 used for a sit-down table service restaurant, there shaH not be less than fifteen (15) parkmg spaces on the Property for every one thousand (1,000) square feet of floor building area thereon, In the event the Property IS used for a fast-food restaurant offermg drive-through service, there shall not be less than twelve (12) parking spaces on the Property for every 1,000 square leet of floor bUilding area thereon, for all other uses permitted hereunder there shall not be less than five (5) parking spaces per one thousand (! ,000) square feet of floor building area on the Property, (e) Grantee further covenants that (I) only signs advertlsmg busmess located on the Property may be erected thereon, (II) the Property and all Improvements erected or constructed thereon shall be mamtamed In good conditIOn and repair, and (lll) the exterior of which shall not be constructed of metal, Cf) Grantor reserves the nght 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 including connections, (Ill) grading plans Includmg stormwater management, (IV) setbacks from lot hnes, (v) location and dlmenslOns of parkmg areas and spaces, driveways, and service areas, (VI) landscaping plans, (Vll) lhe placement of Purchaser's buildIng(s) and other Improvements mcludmg square footage of bulldmg(s), (VIU) extenor elevations and (IX) slgnage ("Development Plan") prepared by certified/lIcensed archItects and/or engineers and conformmg with the restrictions set forth above Grantor shall have thirty (30) days after receipt of the Development Plan from Grantee to approve or disapprove the Development Plan In wntmg Tf the Development Plan lS dIsapproved, Grantor shall gIve the reasons for such disapproval, and Grantee shall resubmit to Grantor a revIsed Development Plan Incorporatmg Grantor suggested reVlSJOns within thirty (30) days from the date of Grantee's receipt of Grantor's dlsapproval, and the same time schedu Ie as mentIOned above shall be repeated unn1 the Development Plan IS approved, Development Plan shall be sent to the attention of Director of Rea lty Management, Wal-Mart Realty, 2001 S E 10th Street, Bentonvllle, AR 72716-0550 (g) All such covenants, condltlOns, restnctJOns and approval nghts shall remain In effect for a period of fifty (50) years The aforesaid covenants, condllions, restnctlons and approval rights shall run with and bmd the Property, and shall bmd Grantee or an affiliated company, or Its successors or assigns, and shall mure to the benefit of and be enforceable by Grantor, or an affiliated company, or Its successors and assIgns, by any appropnate proceedmgs at law or In equity to prevent vlOlatlOns of such covenants, condItIOns, restnctlOns and approval nghts and/or to recover damages for such ViolatIOns AND SAID GRANTOR does hereby warrant the title to Said Property, and Will defend the same agamst the lawful claims of all persons c1almmg under Grantor, but none other, subject to the easements, encumbrances, restnctlOns, and other matters of record and the covenants, condItions, and restnctlOns as stated herem, and subject to real property taxes for the year of200 I, and thereafter THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPUCABLE LAND USE LAWS AND REGULATIONS BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIA TE CITY OR COUNTY PLANNING Date Received 2 JUL 1 6 2008 Onglnal Submittal ,'"I -, DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LA WSUITE AGAfNST FARMING OR FOREST PARCTICES AS DEFINED IN ORS 30 930 THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30930 IN ALL ZONES BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNT PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES DATED -:J,.J\J I 1 ,2001 WAL-MART STORES, INC Attest BY /V"':i.-fJ t. 617f) ill- Michael W Kersting, / ASSIstant Secretary By -r A:-..;;w ~ J Sc~~;e~r, 6rd-tor of . Budding Development STATE OF ARKANSAS ) Be ('\to \'\ ) ss COUNTY OF 1:;....:.:~~-1~~ -;01J ) ThIs Instrument was acknowledged before me on ~ ~ ,2001 by J Scott Greear, Dlreclor ofBUlldmg Development, ofWal-Mart St6'res, IrIi:, a Delaware corporatIOn and by MIchael W Kersting, ASSistant Secretary, ofWal-Mart Stores,lnc, a Delaware corporatiOn J}'u( hrOC& ~t1k~ Notary Public for Arkansas My commISSIon expires Q, - fiJ ~O '7 ~ " U" NOTARY SEAL. Michelle L Rhoden, NOlaz:a~~~; Benlon County SE~pl~~; 3/14/2007 My commission Date Received. JUL 1 6 2008 r Onglnal Submittal 3 '\ Order No 00-70246746 EXHIBIT "ONE" A tract of land lying within the Southeast 1/4 quarter of Section 25, Township 17 South, Range 3 West of the Willamette 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 2 3/4 inch diameter, brass cap inscribed" 1971 - SW COR B B POWERS - DLC #81", thence along the South line 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 Paint of Beginning of the tract herein described, thence North 01 0 57' 48" East, a distance of 282 66 feet to a 5/8 inch rod with an orange plastiC cap inSCribed "FNF", thence South 880 03' 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 \fan rod with an orange plastiC cap inscnbed "FNF", thence South 880 03' 47" East, a distance of 11050 feet to a 5/8 Inch \fan rod with an orange plastiC cap inSCribed "FNF", thence North 01 057' 48" East, a distance of 5949 feet to a paint in the South right-of-way line of the "Q" Street Floodway Channel, said pOInt being marked by a 5/8 inch \fon rod with an orange plastiC cap Inscribed "FNF", thence along said South right-of-way line, North 88004' 12" East, a distance of 583 Og feet to a 5/8" \fan rod with an orange plastiC cap Inscnbed "CONSULTING ENGINEERING SERVICES", thence South 01056' 13" West, a distance of 64103 feet to a 5/8" \fan 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, Oregon Date Received: JUl I 6 2008 Onglnal Submittal 2