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Davidson East: East Nashville, Inglewood, Madison, Donelson, Hermitage, Old Hickory


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On 6/17/2016 at 7:48 PM, Neigeville2 said:

I found the deed in question, it has a page with an extensive list of restrictions.  I haven't attached a PDF before, hopefully this works.

walmart restr.pdf

Thanks for digging this up, and forgive me for being daft, but can somebody elaborate on this capability? Is it really true that someone can buy a property, attach any arbitrary clause to the deed restricting how it can be used, then resell it and that restriction stays in place FOREVER? Are there no limits to the type of restrictions they can add? Is there no way to remove the restriction?

This is really infuriating to me as a resident of the neighborhood. OK, so walmart's business plan didn't work at that location. There aren't that many spots available with that kind of footprint, and I was looking forward to seeing someone else take a stab at it. Instead walmart just casually poisons the deed on their way out and at the stroke of a pen we're restricted forever to self-storage and small-retail uses that don't take advantage of the scale?

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1 hour ago, AronG said:

Thanks for digging this up, and forgive me for being daft, but can somebody elaborate on this capability? Is it really true that someone can buy a property, attach any arbitrary clause to the deed restricting how it can be used, then resell it and that restriction stays in place FOREVER? Are there no limits to the type of restrictions they can add? Is there no way to remove the restriction?

This is really infuriating to me as a resident of the neighborhood. OK, so walmart's business plan didn't work at that location. There aren't that many spots available with that kind of footprint, and I was looking forward to seeing someone else take a stab at it. Instead walmart just casually poisons the deed on their way out and at the stroke of a pen we're restricted forever to self-storage and small-retail uses that don't take advantage of the scale?

The restriction on grocery and discount store uses lasts for only 25 years; the perpetual restriction only applies to bars, strip clubs, adult bookstores, etc. (Hear those sirens? It's the Fun Police.)

This property is known as a defeasible estate. What's happened is that Walmart, who owned this property free and clear, retains a future interest on it when they sold to SpaceMax. If SpaceMax, or future holders, use the property in a manner that violates the restriction, Walmart has a right to either sue the holder for damages or to reclaim the title to the property. (But that doesn't mean it happens automatically, just that Walmart can do it through affirmative action.)

Some states have legislation limiting future interests on property, and a lot of people don't like the idea of them. But they aren't all bad. If you rent your house out, you retain a future interest on it per your lease agreement. It's like the private version of zoning law. Even Walmart's keeps skeezy businesses out of your neighborhood.

As to how it goes away, look at it like this: it cost Walmart some amount of money to retain this future interest. Nominally it's the difference in sale price between this property and an identical unencumbered property, but to Walmart it's the increased profit they realize from not having a competitor (or adult establishment, apparently) at this specific location. Either way, this future interest has a discrete value. So if SpaceMax, or a future holder, wants to build a grocery store or a strip club, all they have to do is buy that interest.

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30 minutes ago, PruneTracy said:

The restriction on grocery and discount store uses lasts for only 25 years; the perpetual restriction only applies to bars, strip clubs, adult bookstores, etc. (Hear those sirens? It's the Fun Police.)

This property is known as a defeasible estate. What's happened is that Walmart, who owned this property free and clear, retains a future interest on it when they sold to SpaceMax. If SpaceMax, or future holders, use the property in a manner that violates the restriction, Walmart has a right to either sue the holder for damages or to reclaim the title to the property. (But that doesn't mean it happens automatically, just that Walmart can do it through affirmative action.)

Some states have legislation limiting future interests on property, and a lot of people don't like the idea of them. But they aren't all bad. If you rent your house out, you retain a future interest on it per your lease agreement. It's like the private version of zoning law. Even Walmart's keeps skeezy businesses out of your neighborhood.

As to how it goes away, look at it like this: it cost Walmart some amount of money to retain this future interest. Nominally it's the difference in sale price between this property and an identical unencumbered property, but to Walmart it's the increased profit they realize from not having a competitor (or adult establishment, apparently) at this specific location. Either way, this future interest has a discrete value. So if SpaceMax, or a future holder, wants to build a grocery store or a strip club, all they have to do is buy that interest.

Very illuminating, thanks. I didn't see the 25 year limit, still pretty depressing... Private zoning seems like a good analogy, and it sounds like a terrible concept for neighborhood fabric. Basically, in this case walmart has paid (via a discounted sale price) to obstruct that building from being used for what is likely it's highest and best purpose for the neighborhood. I guess you're saying that a future buyer could always try to buy that right back from walmart, but it seems clear they wouldn't sell it for market value (otherwise they would have done so with this sale).

Anyway, thanks for the explainer, I guess I'll go buy some more possessions now that I know we'll have plenty of storage space to rent for the next 25 years.

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On 6/25/2016 at 2:30 PM, WebberThomas4 said:

Is it true that they are going to start repaving Main/Gallatin soon? 

As I understand it, yes.

On 6/24/2016 at 2:06 PM, markhollin said:

new police station

Anyone know if this will replace the relatively new station on Trinity? Or act as some sort of sub-station?

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33 minutes ago, grilled_cheese said:

They've been doing a lot of repaving on Gallatin North of Main for the last few weeks.

I actually reached out to public works and they are repaying from Eastland to Hart Lane. Theyve started to rip up old pavement heading north between Eastland and Douglas.

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Even more East Nashville construction.

Eastland Heights, 5 stories, 249 units. Looking SW from corner of Woodland and 5th Street:

Eastland_Heights_1,_June,_2016.JPG

 

Eastland Heights looking south along 5th Street at Woodland interchange:

Eastland_Heights_2,_June,_2016.JPG

 

Eastland Heights looking west along Woodland from 5th Street interchange:

Eastland_Heights_3,_June,_2016.JPG

 

The Wabash lot being excavated from former Fluffo Mattess building.  Looking SW from the alley that runs between Main St. and Woodland St:

The_Wabash_1,_East_Nashville,_June,_2016.JPG

 

The Wabash looking west from alley between Main St. and Woodland St:

The_Wabash_2,_East_Nashville,_June,_2016.JPG

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6 minutes ago, markhollin said:

Even more East Nashville construction.

Eastland Heights, 5 stories, 249 units. Looking SW from corner of Woodland and 5th Street:

Eastland_Heights_1,_June,_2016.JPG

 

Eastland Heights looking south along 5th Street at Woodland interchange:

Eastland_Heights_2,_June,_2016.JPG

 

Eastland Heights looking west along Woodland from 5th Street interchange:

Eastland_Heights_3,_June,_2016.JPG

 

The Wabash lot being excavated from former Fluffo Mattess building.  Looking SW from the alley that runs between Main St. and Woodland St:

The_Wabash_1,_East_Nashville,_June,_2016.JPG

 

The Wabash looking west from alley between Main St. and Woodland St:

The_Wabash_2,_East_Nashville,_June,_2016.JPG

It's amazing how fast they've put up the parking garage at Eastland Height. They store all the preformed concrete pieces on a lot off S 5th St and bring them to the site when needed - very effecient. Are they building around the Allinder Plumbing building? 

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2 hours ago, WebberThomas4 said:

http://sinkerswineandspirits.com/blog/june-2016/sinkers-is-building-a-larger-store!

Sinkers is expanding to 20,000 sq ft and is redoing the exterior of the entire shopping center.  

Hell yeah!

 

So does that mean they are going to extend North into the old flower shop at the corner of Gallatin and Shelton?

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22 minutes ago, grilled_cheese said:

Hell yeah!

 

So does that mean they are going to extend North into the old flower shop at the corner of Gallatin and Shelton?

That's what it sounds like. They bought that property in 2014 and there was a zoning appeal a couple of weeks ago. 

Frugal of the east. 

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