CORPORATE SPECIAL WARRANTY DEED FOR RIGHT OF WAY

Transcription

1 CORPORATE SPECIAL WARRANTY DEED FOR RIGHT OF WAY THIS INDENTURE WITNESSETH that ELI LILLY AND COMPANY, an Indiana corporation, ( Grantor ), as a gift and for no other consideration, CONVEYS ANDSPECIALLY WARRANTS to the CITY OF GREENFIELD, of Hancock County, Indiana, ( Grantee ) the real estate in Hancock County, Indianadescribed in EXHIBIT A attached hereto and as shown on EXHIBIT B, each being a part of Parcel # This conveyance is made, and the above described real estate, is subject to: (a) the lien of the first installment of real estate taxes and assessments for the year 2017, due and payable inmay 2018 and all taxes and assessments subsequent thereto; (b) legal highways and rights-of-way; (c) all easements, covenants, conditions, restrictions and other matters of record; (d) rights-of-way and easements for floodways, flood plains, drainage purposes and the flowage of water; (e) matters which would be disclosed by an accurate survey and inspection of said real estate; and (f) liens, encumbrances and other matters made, created, suffered, caused, requested, consented to or agreed to by Grantee. In the event the above described real estate ceases to be used as part of a public right of way, then the real estate shall automatically revert to Grantor.

2 The warranties of Grantor hereunder are limited to its own acts and deeds and those of persons claiming by, through and under Grantor, and not otherwise. The undersigned person executing this deed on behalf of Grantor certifies that he is a duly elected officer of Grantor and has been fully empowered, by proper resolution of the Board of Directors of Grantor, to execute and deliver this deed; that Grantor has full corporate capacity to convey the real estate described herein; and that all necessary corporate action for the makingof such conveyance has been taken and done. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

3 IN WITNESS WHEREOF, Grantor has executed this deed this day of November, ELI LILLY AND COMPANY, an Indiana corporation By: Stephen L. Van Soelen, J.D. Senior Director, Strategic Real Estate and Facilities Planning STATE OF INDIANA ) SS: COUNTY OF MARION ) Before me, a Notary Public in and for said County and State, personally appeared Stephen L. Van Soelen, J.D., the Senior Director of Strategic Real Estate and Facilities Planning at Eli Lilly and Company, an Indiana corporation, who acknowledged the execution of the foregoing Corporate Warranty SpecialDeed For Right Of Way, for and on behalf of said corporation. WITNESS my hand and Notarial Seal this day of November, My Commission Expires: Residing in Co. IN Grantee has caused this instrument to be executed in its corporate capacity by its duly qualified Board of Public Works and Safety of the City of Greenfield and as such is empowered to accept the above and foregoing Corporate SpecialWarranty Deed For Right Of Way.

4 Chuck Fewell, Mayor Kelly McClarnon, Member Larry J. Breese, Member Katherine N. Locke, Member Glenna Shelby, Member ATTEST: Lori Elmore, Clerk Treasurer SEND TAX BILLS TO: City of Greenfield, P.O. Box 456, Greenfield, Indiana RETURN DEED TO: Indiana City of Greenfield, P.O. Box 456, Greenfield, This instrument prepared by: C. Thomas Billings, # , WILLIAMS, CONE& BILLINGS, 222 North State St., P.O. Box #8, Greenfield, Indiana I affirm, under the penalties for perjury, that I have taken reasonable care to redact each social security number in this document, unless required by law. C. Thomas Billings

5 EXHIBIT A Legal Description of Right of Way Part of Parent Parcel A strip of real estate being part of Block C in Progress Park Subdivision per plat thereof recorded as Instrument Number in the Office of the Recorder of Hancock County, Indiana; said strip of real estate depicted on the attached Right-of-way Parcel Plat labeled Exhibit B and described as follows: BEGINNING at the Southwest corner of said Block C; thence North 00 degrees 57 minutes 32 seconds West feet, (bearings in this description are based on said Location Control Route Survey) along the West line of said Block C, to a point on a non-tangent curve concave Southwesterly having a radius of feet; thence Southeasterly feet, along said curve, through a central angle of 09 degrees 31 minutes 25 seconds (Chord Bearing South 82 degrees 02 minutes 25 seconds East feet), to the point of tangent; thence South 77 degrees 16 minutes 42 seconds East feet, to the beginning of a curve concave Northeasterly having a radius of feet; thence Southeasterly feet along said curve, through a central angle of 13 degrees 42 minutes 47 seconds (South 84 degrees 08 minutes 06 seconds East feet), to a point on the South line of said Block C; thence South 89 degrees 00 minutes 31 minutes West feet, along said South line, to the Point of Beginning.

6 Exhibit B

7 GENERAL UTILITY EASEMENT THIS GENERAL UTILITY EASEMENT is entered into this day of November, 2017, by ELI LILLY AND COMPANY, an Indiana corporation, ( Grantor ), and CITY OF GREENFIELD, of Hancock County, Indiana, ( Grantee ). WITNESSETH: WHEREAS, Grantor is the owner in fee simple of certain real estate, more specifically described in EXHIBIT A, attached hereto, being a part of Parcel # ( Easement Area ); and WHEREAS, Grantee desires to construct certain general utilities on a portion of such Real Estate; WHEREAS, Grantor is willing to grant to Grantee this general utility easement as set forth herein and subject to the terms and limitations stated herein. NOW, THEREFORE, as a gift and for no other consideration, it is AGREED as follows: 1. Grantor hereby grants and conveys to Granteea perpetual easement and right to lay, install, construct, maintain, repair, operate, inspect, alter, replace and remove certain general utilities to be located under the Easement Area, on the terms and conditions set forth herein. Grantee shall have the right to excavate and perform necessary work upon and under the surface of the Easement Area as and when required to lay, install, construct, maintain, repair, operate, inspect, alter, replace and remove certain general utilities, except that such excavation and work is to be performed in a manner which shall not unreasonably interfere with the use and enjoyment of the surface of the Easement Area by Grantor and its tenants, subtenants and invitees.

8 2. In the event that the Easement Area is disturbed by Grantee at any time by the laying, installing, constructing, maintaining, repairing, operating, inspecting, altering, replacing, removing or other work done in connection with certain general utilities, Grantee shall, at its sole cost and expense, repair and restore the surface of the Easement Area to substantially the same condition which existed immediately prior to any disturbance. 3. This Easement is conveyed to Grantee, so long as the rights and easements herein granted shall be used for the express purposes and upon the terms and conditions specified herein, and with ingress and egress from the Easement Area, for the purpose stated above. 4. Grantee shall indemnify, defend, and hold Grantor safe and harmless from and against any and all damages, claims, actions, causes of action, losses, liabilities, or injuries arising out of, or relating to, in connection with, or resulting from the laying, installing, constructing,using, maintaining, repairing, operating, inspecting, altering, replacing, removing,and/or other use and enjoyment of certain general utilities in the Easement Area. 5. Grantor reserves the right to use the Easement Area, including the Easement Area, for any purpose that is not inconsistent with or will not interfere with the rights and privileges granted to Grantee by this Easement. For the avoidance of doubt and notwithstanding anything herein to the contrary, Grantor reserves the right to construct over and through the Easement Area one or more hard surface roadways, driveways or similar means of access to provide ingress and egress to Grantor s real estate. 6. It is further agreed that this Easement constitutes the entire agreement among the parties hereto and that no other representations or statements, verbal or written, have been made modifying, adding to or changing any term or condition of such agreement. Grantor hereby covenants and agrees that the Easement granted hereby, together with all the covenants contained herein, shall run with title to the real estate and the Easement Area and shall be binding upon all successors and assigns of each of Grantor. 7. It is further understood and agreed that any installations constructed on said EasementArea shall be and remain the personal property of the Grantee.

9 IN WITNESS WHEREOF, Grantor has executed this General Utility Easement this day of November, ELI LILLY AND COMPANY, an Indiana corporation By: Stephen L. Van Soelen, J.D. Senior Director, Strategic Real Estate and Facilities Planning STATE OF INDIANA ) SS: COUNTY OF MARION ) Before me, a Notary Public in and for said County and State, personally appeared Stephen L. Van Soelen, J.D., the Senior Director of Strategic Real Estate and Facilities Planning at Eli Lilly and Company, an Indiana corporation who acknowledged the execution of the foregoing General Utility Easementfor and on behalf of said corporation. WITNESS my hand and Notarial Seal this day of November, My Commission Expires: Residing in Co. IN Grantee has caused this instrument to be executed in its corporate capacity by its duly qualified Board of Public Works and Safety of the City of Greenfield and as such is empowered to accept the above and foregoing General Utility Easement.

10 Chuck Fewell, Mayor Kelly McClarnon, Member Larry J. Breese, Member Katherine N. Locke, Member Glenna Shelby, Member ATTEST: Lori Elmore, Clerk Treasurer SEND TAX BILLS TO: City of Greenfield, P.O. Box 456, Greenfield, Indiana RETURN DEED TO: Indiana City of Greenfield, P.O. Box 456, Greenfield, This instrument prepared by: C. Thomas Billings, # , WILLIAMS, CONE& BILLINGS, 222 North State St., P.O. Box #8, Greenfield, Indiana I affirm, under the penalties for perjury, that I have taken reasonable care to redact each social security number in this document, unless required by law. C. Thomas Billings

11 Exhibit A Legal Description of Easement Part of Parent Parcel A 20 foot wide strip of real estate being part of Block C in Progress Park Subdivision per plat thereof recorded as Instrument Number in the Office of the Recorder of Hancock County, Indiana; said strip of real estate depicted on the attached Right-of-way Parcel Plat labeled Exhibit B and described as follows: COMMENCING at the Southwest corner of said Block C; thence North 00 degrees 57 minutes 32 seconds West feet, (bearings in this description are based on said plat of Progress Park Subdivision) along the West line of said Block C, to the POINT OF BEGINNING; thence continuing North 00 degrees 57 minutes 32 seconds West feet, along said West line, to a point on a non-tangent curve concave Southwesterly having a radius of feet; thence Southeasterly feet, along said curve, through a central angle of 09 degrees 40 minutes 30 seconds (Chord Bearing South 82 degrees 06 minutes 57 seconds East feet), to the point of tangent; thence South 77 degrees 16 minutes 42 seconds East feet, to the beginning of a curve concave Northeasterly having a radius of feet; thence Southeasterly feet along said curve, through a central angle of 13 degrees 42 minutes 47 seconds (Chord Bearing South 84 degrees 08 minutes 06 seconds East feet), to a point on the North line of a 20 wide Utility Easement on the North side of Opportunity Parkway as depicted on said plat of Progress Park Subdivision; thence South 89 degrees 00 minutes 31 minutes West feet, along said North line; thence North 77 degrees 16 minutes 42 seconds West feet, to the beginning of a curve concave Southwesterly having a radius of feet; thence Northwesterly feet along said curve, through a central angle of 09 degrees 31 minutes 25 seconds (Chord Bearing North 82 degrees 02 minutes 25 seconds West feet), to the Point of Beginning.