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Home My WebLink AboutWAL MART STORES INC .' '. BK 5 3 I 3 PG I 9 8 CLERK 0;: SUP/='"'IOR COLUMBIA ""'IINTr. rJOURT flLEOYN OFFICEORGIA ZaU6 HAR -3 PH 4: 34 JOOH__PAGEJ q 8' - ~65 CINDY MASON. CLERK - Rf'tnrn to' Rcturn To: R.E. Hanlla HI, Esq. Hull, Towill, Norman, BantU & Sallcy III Park Avelllle, S. 'V. Aikcll, SC 29ilOJ Pfu I D3~ 'dODtJ; DO I ;).;;21 II III 11111111111I11111111111111111 Deed Recorded 03/03/2006 04:34PM Doc: WD Georgia Transfer Tax Paid: $0.00 CINDY MASON Clerk Superior Court" Columbia County B 05313 P u198-0205 LIMITED WARRANTY DEED STATE OF ARKANSAS ) COUNTY OF BENTON ) '1 ",.1 THIS INDENTURE, Made this...ri.- day of _f'o\Q rc~ , , 20Q? between W AL-MART STORES, INC., a Delaware Corporation, Party of the First Part, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, Party of the Second Part. WITNESSETH: That the said Party of the First Part, for and in consideration of the sum of Ten and no/lOO ($10.00) Dollars, in hand paid, at and before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey unto the said Party of the Second Part, its successors and assigns, the following described property (hereinafter referred to as the "Land"), to wit: See Exhibit A, hereto attached and by reference made a part hereof. TO HA VB AND TO HOLD the said tract or parcel of Land, with all and singular the rights, members and appurtenances thereof, to the same being, belonging, or in 1573517v2 . . BK 5 3 I 3 PG 1 9 9 ~ anywise appertaining, to the only proper use, benefit and behoof of the said Party of the Second Part, its successors and assigns, forever, in Fee Simple. AND THE SAID Party of the First Part, for itself, its successors and assigns, will warrant and forever defend the right and title to the above described property, unto the said Party of the Second Part, its successors and assigns, against the claims of all persons owning, holding or claiming by, through or under the said Party of the First Part, subject to the matters set forth on Exhibit "B" attached hereto and made a part hereof by this reference. AND THE SAID Party of the First Part, for itself, its successors and assigns, does further hereby declare and establish and, by acceptance hereof, Grantee does hereby covenant and agree, that said tract or parcel of Land shall be subject to, those covenants and restrictions set forth on Exhibit "e" attached hereto and made a part hereof by this reference, which shall be covenants running with the Land, shall be perpetual, and shall be binding upon Grantee and its successors and assigns, and be enforceable by Grantor, and its successors and assigns. IN WITNESS WHEREOF, the said Party of the First Part has caused this instrument to be executed by its duly authorized Officers its seal affixed, all on the day and year first above written. [signatures begin on following page] 1573517v2 " BK 5 3 I 3 PG 2 0 0 SIGNED, SEALED AND DELIVERED in the presence of: )1(1/tk' ~ 51 D3RJ Unofficial Witness f~c.~ Notary Public, State of Georgia ~5G\..5 Wal-MartStores, Inc., a Delaware Corporation B. n . Clarke Assistant Vice President [corporate seal] CYNTHIA C. BRADLEY "NOTARY PUBLIC" [signatures continued next page] State of Arkansas, Benton County My Commission Expires 4/1/2014 1573517v2 <5....~,., - . ( , \. / I I \ \ .,/'" " .' .....--...---,. Approved as to legal terms only bY~~ W\L- T LEGAL DEPI - Date:.J), , 3 -oS' ~-!Y' BK 5 3 I 3 PG 20 I ,I Accepted this z..~ day of ('&~Jt4.Af. -( SIGNED, SEALED AND DELIVERED in the presence of: I ' / " . " ''''.....;.,...,..~...h......'f'''I'.....~/. 1573517v2 ,2006. Augusta, nOrgia / By: ~ d-,4.~ Its: Mayor , ) ". " " '~. "'\ \ \ ".' . I BK 5 3 I 3 PG 2 0 2 ~ EXHIBIT "A" Legal Description Tract 3A ALL THAT TRACT OR PARCEL OF LAND lying and being in the City of Augusta, 125A GMD of Columbia County, Georgia and being more particularly described as follows: Commence at a PK nail set at the northerly right of way of Scott Nixon Memorial Drive (variable width) and the easterly right of way of Bobby Jones Expressway - S.R. 232 (variable width); thence, along the easterly right of way of Bobby Jones Expressway - S.R. 232 North 18 degrees 41 minutes 31 seconds West for a distance of 218.82 feet to a point; thence, North 18 degrees 41 minutes 31 seconds West for a distance of 58.44 feet to an iron pin set; thence, North 22 degrees 58 minutes 22 seconds West for a distance of 134.71 feet to an iron pin set; thence, North 18 degrees 36 minutes 06 seconds West for a distance of 190.88 feet to a 1/2 inch rebar found; thence, leaving said right of way North 71 degrees 23 minutes 23 seconds East for a distance of 249.97 feet to a 1/2 inch rebar found; thence, North 18 degrees 31 minutes 01 seconds West for a distance of 58.50 feet to a PK nail found; thence, North 18 degrees 26 minutes 20 seconds West for a distance of 8.78 feet to a 1/2 inch rebar found; thence, along a curve to the left having a radius of 2970.47 feet and an arc length of 524.72 feet, being subtended by a chord of North 22 degrees 49 minutes 43 seconds West for a distance of 524.03 feet to a point; thence, along a curve to the left having a radius of 2970.47 feet and an arc length of 205.17 feet, being subtended by a chord of North 29 degrees 52 minutes 04 seconds West for a distance of 205.13 feet to a PK nail set; thence, South 65 degrees 07 minutes 24 seconds West for a distance of 251.98 feet to a PK nail set on the easterly right of way of Bobby Jones Expressway - S.R. 232; thence, along said right of way a curve to the left having a radius of 2720.43 feet and an arc length of 280.40 feet, being subtended by a chord of North 35 degrees 25 minutes 18 seconds West for a distance of 280.28 feet to an iron pin set; thence, leaving said right of way North 58 degrees 27 minutes 42 seconds East for a distance of 242.05 feet to a PK nail set; thence, North 37 degrees 54 minutes 30 seconds West for a distance of 240.00 feet to an iron pin set; thence, South 46 degrees 39 minutes 10 seconds West for a distance of 251.32 feet to a 5/8 inchrebar found on the easterly right of way of Bobby Jones Expressway - S.R. 232; thence, along said right of way North 46 degrees 28 minutes 02 seconds West for a distance of 55.10 feet to a 2 inch open top pipe found; thence, leaving said right of way North 50 degrees 29 minutes 13 seconds East for a distance of 234.80 feet to an iron pin set; thence, North 50 degrees 40 minutes 20 seconds East for a distance of 418.26 feet to the base of a 1 inch rebar found; thence; South 66 degrees 47 minutes 58 seconds East for a distance of 136.16 feet to an iron pin set at the southwesterly comer of the right of way of Chalker Road (variable width); thence, along said right of way North 66 degrees 20 minutes 01 seconds East for a distance of 30.12 feet to an iron pin set; thence, North 23 degrees 42 minutes 04 seconds West for a distance of 21.46 feet to an iron pin set; thence, North 74 degrees 38 1573517v2 . . BK 5 3 I 3 I PG 2 0 3 , , minutes 09 seconds East for a distance of 199.10 feet to a point; thence, North 74 degrees 32 minutes 43 seconds East for a distance of 176.76 feet to a point; thence, North 74 degrees 36 minutes 08 seconds East for a distance of 18.80 feet to a PK nail set; thence, North 75 degrees 04 minutes 55 seconds East for a distance of 102.26 feet to a point, said point being the TRUE POINT OF BEGINNING; thence, North 14 degrees 34 minutes 10 seconds West for a distance of 119.29 feet to a 1 inch open top pipe found; thence, North 75 degrees 57 minutes 37 seconds East for a distance of 99.74 feet to a 1 inch open top pipe found; thence, South 15 degrees 13 minutes 44 seconds East for a distance of 17.06 feet to a 5/8 inch rebar found; thence, South 14 degrees 59 minutes 08 seconds East for a distance of 100.70 feet to a 5/8 inch rebar found; thence, South 75 degrees 04 minutes 55 seconds West for a distance of 100.67 feet to a point, said point being the TRUE POINT OF BEGINNING. Said property contains 11,880 square feet or 0.27 acres, as shown on that certain ALTAlACSM Land Title Survey for: Eric S. Zorn, as Trustee of Wal-Mart Real Estate Business Trust, Eric S. Zorn, as Trustee of Sam's Real Estate business Trust & Chicago Title Insurance Company, prepared by Wolverton & Associates, under seal and certification of Lewis M. Brown, Jr., GRLS No. 2283, dated September 15, 2005, last revised November 15, 2005. 1573517v2 BK 5 3 I 3 PG 2 0 4 . . EXHffiIT "B" Permitted Exceptions 1. Ad-valorem real property taxes for year 2006 and successive years, not yet due and payable. 2. Easement to Georgia Power Company, dated July 16, 1951, and recorded in Columbia County, Georgia in Deed Book 33, page 183. 3. Easement to Georgia Power Company, dated September 25, 1973, and recorded in Columbia County, Georgia in Deed Book 150, page 30. 4. Easement to Georgia Power Company, dated January 28, 1988, and recorded in Columbia County, Georgia in Deed Book 642, page 36. 5. Easement to Columbia County, Georgia dated August 17, 1989, and recorded in Columbia County, Georgia in Deed Book 776, page 343, as shown on that plat prepared by Ayer, Graham and Associates, Inc. dated March 9, 1989, and recorded in PC-B, Slide 61#2. 6. Easements set forth in that Warranty Deed of subdivision Road Rights-of.;. Way, Utility Lines, Utility Easements and Other Property in favor of Columbia County, Georgia dated March 6, 1996, and recorded April 17, 1996, in Columbia County, Georgia in Deed Book 1686, page 188. 7. Easements with Covenants and Restrictions Affecting Land ("ECR") dated October 16, 1996, and recorded October 30, 1996, in Augusta-Richmond County, Georgia in Realty Reel 538, page 1002, and recorded November 21, 1996, in Columbia County, Georgia in Deed Book 1778, page 193. 8. Easement in favor of Georgia Power Company recorded April 2, 2001, in Columbia County, Georgia in Deed Book 2639, page 93. 9. Those matters as shown on that certain ALTNACSM Land title Survey for Eric S. Zorn, as Trustee of Wal-Mart Real Estate Business Trust, prepared by Lewis M. Brown, Jf., of Wolverton & Associates, dated September 15, 2005, last revised November 15, 2005. 1573517v2 BK 5 3 J 3 PG 2 05 EXHmIT "e" Deed Restrictions No construction of any improvements, including, but not limited to, any structures, buildings, fences, walls, parking areas or facilities, drainage improvements, landscaping, driveways or signs, shall be permitted on the Land without Grantor's prior written approval, which approval. Grantor may withhold in its sole and absolute discretion for any reason (or for no reason whatsoever). 1573517v2