The URL can be used to link to this page

Home My WebLink AboutDeed APPLICANT 7/2/2008 (2) - W" /I""'~ RECQRDING RETURN TO F':lJEt NATION1\L TITLE INSURANCE ,UMPAI~Y OF OREGON PO BQII 10627 EofJt3fNE, OR 97440 .. After recordmg, return to Wal-Mart Stores, Inc Sam M Walton Development Complex 2001 S E Tenth Street Bentonvllle, Arkansas 72716-0550 Attention David Lynch , / Dlvtslon of Chief Depuly Clerk ~MI.Bml~ Lane Counly Deeds and Records 'VV V"J' 111111111111111111111111111111111111111111111 $41.00 '0.91512200100425121'40042 07J10/200112'02:00 PM RPR-DEED Cnl:l Sln:6 CASHIER 02 $20,00 $11 00 $10 00 Until a change IS requested, mail all tax statements to Pacific Coast Options, LLC POBox 2611 Eugene, Oregon 97402-0228 Tax Account No SPECIAL WARRANTY DEED W AL-MART STORES, INC, a Delaware corporatIOn, Grantor, conveys to PACIFIC COAST OPTIONS, LLC, an Oregon limited liability company, Grantee, the follOWing-described real property Lot 20 I of the Southeast quarter of SectIOn 25, Township 17 South, Range 3 West, W M , Lane County, Oregon Also known as Exh1b1 t "one" = : The true-conSideratIOn for thIS conveyance IS $3,763,58400 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, condItIOns, restrictions and other matters of record, and sublect to the followmg conditions and restnctlOns (a) Grantee covenants that the Property shall only be used for purposes of the kmd typically found In shoppmg centers, mcludmg, but not limited to, offices, restaurants, and retaIl 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 In 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 Horne Improvement Center, Lowe's or Home Depot shall not be consldered a general merchandIse discount store), wholesale membershIp/warehouse club, grocery store/supermarket, pharmacy/drug store. (II) gas statIOn, dIscount rack shoe store, qUick lube/oll change facll1ty, automobile tIre sales, (111) movie theater, bowling alley, health spa/fitness center, or (IV) adult book store, cafetena, movie theater, bowhng alley, health spa/fitness cenler, bar, night club, bllhard parlor, any place of recreatIOn/amusement, or any bus mess whose principal revenues are from the sale of alcoholic beverages) (c) Grantee further covenants that only two (2) one-story bUildings may be erected on said Property, which bUlldmgs, so long as the apphcable parkmg ralio set forth square feet m floor SIZe colleclively and shall not exceed thirty-five (35) )t-.SUBMITTAL RECII'\ feet In hClght, I ({ Ilj U JUL - 2 2008 Ff'.iT "70;).4;-0 -r Y;;)- .' . . .." Cd) Grantee further covenants that In the event the Property IS used for a sit-down table service restaurant, there shall not be less than fifteen (15) parking spaces on the Propeny 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 offenng drive-through service, there shall not be less than twelve (12) parkmg spaces on the Propeny 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 (1,000) square feet of floor bUIlding area on the Propeny , (e) Grantee further covenants that (1) only signs advertlsmg bus mess located on the Propeny may be erected thereon, (11) the Propeny and all.mprovements erected or constructed thereon shall be mamtamed In good conditIOn and repaIr, and (Ill) the extenor of which shall not be constructed of metal, Cf) Grantor reserves the nght to approve, prIor to commencement of any constructIOn by Grantee of any bUlldmgs or Improvements on the Property, Grantee's (I) slle plans, (11) utilIty plans mcludmg connections, (II') grading plans mcludmg stonnwater management, (IV) setbacks from lot hnes, (v) locatiOn and dimensIOns of parkmg areas and spaces, driveways, and service areas, (VI) landscapmg plans, (VII) the placement of Purchaser's bUlldmg(s) and other Improvements mcludmg square footage of bulldmg(s), (VIII) extenor elevatIOns and (IX) S1gnage ("Development Plan") prepared by cert.fied/IIcensed archltects and/or engmeers 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 If the Development Plan IS disapproved, Grantor shall give the reasons for such disapproval, and Grantee shall resubmit to Grantor a revised Development Plan Incorporatmg 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 untIl the Development Plan IS approved, Development Plan shall be sent to the attention of Director of Rea Ity Management, Wal-Mart Realty, 2001 S E 10th Street, BentonvJlle, AR 72716-0550 (g) All such covenants, conditions, restrictIOns and approval Tights shall remam In effect for a peflod of fifty (50) years The aforesatd covenants, cond.tlons, restrictIOns and approval nghts shall run with and blOd the Property, and shall bmd Grantee or an affiliated company, or Its successors or assIgns, and shall mUTe 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, restrictIOns and approval nghts and/or to recover damages for such ViolatIOns AND SAID GRANTOR does hereby warrant the tllle to satd Property, and will defend the same agamst the lawful claIms of all persons claImmg under Grantor, but none other, subject to the easements, encumbrances, restnctlons, and other matters of record and the covenants, conditions, and restTlctlOns as stated herein, and subject to real property taxes for the year of 2001, and thereafter THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS BEFORE SlGNING OR ACCEPTING TH1S INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNJNG 2 PRE-SUBMITTAL REC'D JUL - 2 200B '. -, DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMlNE ANY LIMITS ON LA WSUITE AGAINST FARMING OR FOREST PARCTICES AS DEFINED IN ORS 30 930 THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION D1STRICT PROTECTING STRUCTURES THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULA TlONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RCSDENCE 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 APPROPRLA TE CITY OR COUNT PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR . STRUCTURES DATED Ju.)\.J I 1 ,2001 WAL-MART STORES, INC Attest BY pv---LfJ t.@'7f; \)l,. Michael W Kerstmg, / ASSistant Secretary ( By -r~~ J ScoiVGreear, Dli:;ftor of Bulldmg Development STATE OF ARKANSAS ) B"ntol'\ ) ss COUNTY OF W"'~C;, ;-:,;.:.;; ) ThIs Instrument was acknowledged before me on W ~ "2001 by J Scon Greear, DlTeclor ofBulldmg Development, of Wal-Mart StUres, 1& , a Delaware corporaliOn and by Michael W Kerstmg, ASSistant Secretary, ofWal-Mart Stores, Ine I a Delaware corporation YYu (nyOOL Lrr h~ Notary PublIc for Arkansas My commiSSIon explTes ~-ltJ-01 , ...,..,.,., U " NOTARY'SEAL" Michelle L Rhoden, Notary:a~~~; , Benton c~~~~~ ~Etxxapptl~re~s~ 3 ~fl~44IJ~2w007~ _ i ' MyComm~- PRE-SUBMIITAL REeD JUL - 2 2008 3 -, . . '\ Order No 00-702467-46 EXHIBIT "ONE" A tract of land lYing wlthm the Southeast 1/4 quarter of Section 25, Township 17 South, Range 3 West of the Wlllamette Meridian, Lane County, Oregon, begm described as follows Commencmg at the Southwest corner of the B B Powers Donation Land Claim No 81, said corner bemg marked by a 2 3/4 Inch diameter, brass cap mscrlbed "1971 - SW COR B B POWERS - DLC #81", thence alon9 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 mch Iron rod with an orange plastic cap Inscribed "FNF" markmg the True POInt of Beginning of the tract herem described, thence North 01 057' 48" East, a distance of 282 66 feet to a 5/8 Inch rod with an orange plastiC cap mscrlbed "FNF", thence South 880 03' 47" East, a distance of 98 40 feet to a 5/8 Inch rod With an orange plastiC cap mscrlbed "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 59 49 feet to a pOint In the South right-of-way line 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 Ime, North 880 04' 12" East, a distance of 583 09 feet to a 5/8" Iron rod With an orange plastiC cap Inscribed "CONSULTING ENGINEERING SERVICES", thence South 010 56' 13" West, a distance of 641 03 feet to a 5/8" Iron rod With an orange plastiC cap mscrrbed "CONSULTING ENGINEERING SERVICES", thence North 880 03' 47" West, a distance of 792 27 feet to the True Pomt of Beglnnmg, In Lane County, Oregon PRE-SUBMllTAL REC'D JUL - 2 2008 2