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HomeMy WebLinkAboutNCC202716_NOT Supporting Documents (4)_20210817Book9045 - Page 134 Page 1 of 9 For Registration Sharon A. Register of Deeds Durham County, NC Electronically Recorded 2020 Aug 24 04:53 PM Book: 9045 Page: NC Rev Stamp: $ 870701.00 Davis 134 Fee: $ 26.00 Instrument Number: 2020034816 DEED Excise Tax $ $870,701,00 NORTH CAROL.INA SPECIAL WARRANTY DEED Parcel ID: 225019 [Parcel 1], 225020 [Parcel 21, out of 225022 and out of 225023 [Parcel 3], and 156982 [Parcel 4] Mail after recording to: Grantee This instrument was prepared by: Michael F. King, Esq., K&L Gates LLP, 4350 Lassiter at North Hills Avenue, Suite 300, Raleigh, NC 27609 Brief Description for the Index: Lots 1, 4 and 6 per Plat Boob 200, Pages 5-6, and Lot 2 per flat Book 202, Page 237 THIS DEED made as of the 21 St day of August 12020, by and between: GRANTOR PARMER RTP, LLC, a Delaware limited liability company 11755 Wilshire Boulevard, Suite 1400 Los Angeles, California 90025 GRANTEE ARE --NC ,REGION NO. 19 HOLDING, LLC, a Delaware limited liability company 26 North Euclid Avenue Pasadena, CA 91101 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto 681R3649v2 Return to; Von Crook First National Financial Title Services, LLC 3301 Windy Ridge Parkway, Suite 300 Atlanta, GA 30339 770-9164347 He No. NC252006105V submitted electronically by "FNFTS" In compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Durham county Register of Deeds. Book9045 - Page 135 Page 2 of 9 the Grantee in fee simple, all that certain lot or parcel of land situated in Durham County, North Carolina and more particularly described as follows: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. The property herein conveyed does NOT include the primary residence of Grantor. The property hereinabove described was acquired by Grantor by instruments recorded in Book 8196, Page 643, and Book 8196, Page 652, Durham County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the following: (a) taxes and assessments for the year 2020 and all subsequent years not yet due and payable, (b) all matters which would be revealed by a current, accurate physical survey of the property, (c) the exceptions set forth on Exhibit B attached hereto and incorporated herein by this reference. [SEE ATTACHED SIGNATURE AND NOTARY PAGE] K 68183649v2 Book9045 - Page 136 Page 3 of 9 IN WITNESS WHEREOF, the Grantor has signed this instrument on the day and year first above written. 3 GRANTOR: PARMER RTP LLC De a limited liability c p y By: deMwS c Authorized Agent 68183649v2 Book9045 - Page 137 Page 4 of 9 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA )SS COUNTY OF LOS ANGELES ) On 1.4, -1Q'At.7 before Public, pers ally appeared M A�A+J Notary . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature My Commission Expires: December 24, 2022 WAH THY DAO Notary Public • California x Los Angeles County } Corr,,J,Ion a 2272340 My Comm. Expires Dec 24, 2022 This area for official notarial seal Notary Name: Minh Thy Rao Notary Phone: 310-806-9700 Notary Registration Number: 2272340 County of Principal Place of Business: Los Angeles Book9045 - Page 138 Page 5 of 9 Exhibit A Legal Description Lying and being situate in Durham County, North Carolina, and being more particularly described as follows: PARCEL ONE Lot 1 as described and set forth on the Plat entitled "Recombination Survey, Property of Parmer RTP, LLC", recorded in Plat Book 200, Pages 5-6 PARCEL TWO Lot 2 as described and set forth on the Plat entitled "Recombination Survey, Tracts 2 & 3, Property of Parmer RTP, LLC", recorded in Plat Book 202 Page 327 PARCEL THREE Lot 4 as described and set forth on the Plat entitled "Recombination Survey, Property of Parmer RTP, LLC", recorded in Plat Book 200, Pages 5-6 PARCEL FOUR Lot 6 as described and set forth on the Plat entitled "Recombination Survey, Property of Parmer RTP, LLC", recorded in Plat Book 200, Pages 5-6 PARCEL FIVE Together with benefitting easements set forth on the Master Covenant, dated April 30, 2020, and recorded May 5, 2020 at Book 8934, Page 6, as amended by First Amendment to Master Covenant of even date and recorded herewith, and as affected by Easement and Notice of Designation of Common Area of even date and recorded herewith. Being a portion of that certain land conveyed to Parmer RTP, LLC, a Delaware limited liability company, by virtue of North Carolina Special Warranty Deed from Glaxosmithkline, LLC, a Delaware limited liability company, dated May 26, 2017, recorded June 1, 2017, in Book 8196, Page 643, Durham County Registry, North Carolina; and Quit Claim Deed from Glaxosmithkline, LLC, a Delaware limited liability company, dated May 26, 2017, recorded June 1, 2017, in Book 8196, Page 652, Durham County Registry, North Carolina. PARCEL SIX Further together with benefitting easements set forth in Access Easement Agreement between ELI LILLY AND COMPANY, an Indiana corporation, as Grantor, and PARMER RTP, LLC, a Delaware limited liability company, as Grantee, of even date and recorded herewith. 68193649v2 Book9045 - Page 139 Page 6 of 9 Exhibit B Title Exceptions All property taxes for the fiscal year 2020 and subsequent years, which are a lien not yet due and payable. 2. Rights of any tenants, as tenants only, in possession of any portion of the conveyed premises with no right of first refusal or first offer to purchase the conveyed premises. Accretion, erosion, reliction, and avulsion associated with, and riparian rights of others incidental to, any creeks, streams, branches, or rivers coursing or forming any boundary to the Land. 4. Drainage Easement from Glaxo Wellcome, Inc. to Department of Transportation recorded in -Book 2907, Page 492, Durham County Registry. 5. Consent Judgment in favor of Department of Transportation against GlaxoSmithKline, LLC recorded in Book 7172, Page 248; and Memorandum of Action in favor of Department of Transportation against G1axoSmithKline, LLC recorded in Book 6303, Page 156, Durham County Registry, 6. Notice of Association Pursuant to N.C. Gen. Stat 87-109 & 110 recorded in Book 6492, Page 528, Durham County Registry. 7. Notice of Association Pursuant to N.C. Gen. Stat 87-109 & 110 recorded in Book 6542, Page 39, Durham County Registry. 8. Notice of Association Pursuant to N.C. Gen. Stat 87-109 & 110 recorded in Book 6810, Page 692, Durham County Registry. 9. (Corrected) Amended and Restated Conditions, Covenants, Restrictions and Reservations Affecting the Research Triangle Park recorded in Book 7559, Page 1; affected by Waiver of Right of First Refusal recorded in Book 7622, Page 298; affected by Waiver of Right of First Refusal recorded in Book 7658, Page 728; Declaration of Approval of Uses recorded in Book 7658, Page 747; Declaration of Approval of Uses recorded in Book 7658, Page 761; Waiver of Right of First Refusal recorded in Book 7774, Page 277; Waiver of Right of First Refusal recorded in Book 7829, Page 696; Waiver of Repurchase Rights recorded in Book 7846, Page 187; Waiver of Repurchase Rights recorded in Book 7853, Page 935; and Declaration of Removal of Territory from the Service District and from RTP Declaration of Covenants recorded in Book 7961, Page 358, Waiver of Right of First Refusal recorded in Book 8196, Page 633, Durham County Registry, as further affected by Waiver of Right of First Refusal recorded in Book 8938 Page 499, and any amendments and/or supplements thereto. 10. Building restriction lines, easements, and any other matters shown on map or plat recorded in Plat Book 101 Page 74; Plat Book 105 Page 169; and Plat Book 111, Page 158, Durham County Registry. 681836k9v2 Book9045 - Page 140 Page 7 of 9 11. Conveyance of water system to City of Durham recorded in Book 413, Page 113, Durham County Registry. 12. Easement(s) to Duke Power Company recorded in Book 227, Page 27, Durham County Registry. 13. Title to that portion of the Land conveyed by Deed from SmithKline Beacham Corporation d/b/a Glaxo Smith Kline to the Department of Transportation, and casements contained therein, recorded in Book 3245, Page 905, Durham County Registry. 14. QuitClaim Deed, Consent to Amend Easement Agreement and Deed of Easements between Phoenix Mutual Life Insurance Company and Glaxo, Inc. recorded in Book 1396, Page 952, Durham County Registry. 15. `Perms and Conditions of Easement Agreement between Glaxo, Inc., State of North Carolina and Phoenix Mutual Life Insurance Company recorded in Book 1383, Page 974, Durham County Registry. 16. Right of Way Agreement between Glaxo Inc. and Public Service Company of North Carolina, Inc. recorded in Book 1578, Page 994, Durham County Registry. 17. Right of Way Agreement between Glaxo Inc. and Public Service Company of North Carolina, Inc., recorded in Book 1632, Page 616, Durham County Registry. 18. Title to that portion of the Land conveyed by Deed from Glaxo Inc. to Department of Transportation Easement recorded in Book 1640, Page 898, Durham County Registry. 19. Drainage Easement from Glaxo Wellcome, Inc. to Department of Transportation recorded in Book 1640, Page 902, Durham County Registry. 20. Easement(s) to Duke Power Company recorded in Book 199, Page 91, Durham County Registry. 21. Easement(s) to Duke Power Company recorded in Book 199, Page 146, Durham County Registry, 22. Easement to State Highway Commission recorded in Book 347, Page 102, Durham County Registry. 23. Easement(s) to Duke Power Company recorded in Book 269, Page 477, Durham County Registry. 24. Title to that portion of the Land conveyed by Deed from Glaxo, Inc. to the Department of Transportation recorded in Book 1905, Page 456, Durham County Registry. 25. Right of Way Agreement between Glaxo, Inc. and Public Service Company of North Carolina, Inc. and Phoenix Mutual Life Insurance Co recorded in Book 1579, Page 1, Durham County Registry. 7 681836A9v2 Book9045 - Page 141 Page 8 of 9 26. Easement(s) to Duke Power Company recorded in Book 398, Page 17; and Book 1107, Page 687, Durham County Registry. 27. Right of Way Agreement between Glaxo Inc. and Public Service Company of North Carolina, Inc. recorded in Book 1578, Page 998, Durham County Registry. 28. Easement to Durham Public Service Company recorded in Book 121, Page 142, Durham County Registry. 29. Easement between the State of North Carolina and the City of Durham recorded in Book 1118, Page 61, Durham County Registry. 30. Easement(s) to Duke Power Company recorded in Book 177, Page 197, Durham County Registry. 31, Utility Station and Pipeline Easement from GlaxoSmith.Mine LLC to Public Service Company of North Carolina, Inc. recorded in Book 7219, Page 1, Durham County Registry, 32. Right of Way Agreement between Glaxo Inc. and Public Service Company of North Carolina, Inc. recorded in Book 1597, Page 737, Durham County Registry. 33. Deed of Easement between Glaxo Inc. and the City of Durham recorded in Book 1472, Page 610, Durham County Registry. 34. Easement to Duke Power Company recorded in Book 199, Page 147, Durham County Registry. 35. Easement to Durham Public Service Company recorded in Book 121, Page 257, Durham County Registry. 36. Right(s) of Way to Duke Power Company recorded in Book 220, Page 517; Book 273, Page 314; Book 1469, Page 151; and Book 1509, Page 145, Durham County Registry. 37. Easement to North Carolina Department of Transportation recorded in Book 1640, Page 879; and Book 1640, Page 884, Durham County Registry. 38. Right(s) of Way to Public Service Company of NC, Inc. recorded in Book 260, Page 57; and amended in Book 1262, Page 525; and amended in Book 1029, Page 608, Durham County Registry, 39. Terms and conditions of unrecorded lease by G1axoSmithKline, LLC, evidenced by Memorandum of Leases evidencing same being recorded in Book 8196, Page 661, Book 8196, Page 671, Book 8196, Page 681, and Book 8196, Page 691, all in Durham County Registry, North Carolina. M 8364M Book9045 - Page 142 Page 9 of 9 40. Easements, rights of way, boundary lines, and improvements as shown on Plats recorded in Plat Book 199, Page 60, Plat Book 199, Page 269, Plat Book 200, Page 5, and Plat Book 200, Page 6, and Plat Book 202 Page 327. 41. Easement in favor of Duke Energy Carolinas, LLC, a North Carolina limited liability company, recorded February 6, 2019, in Book 8590, Page 118, Durham County Registry, North Carolina. 42. Terms and conditions of unrecorded lease by and between Parmer RTP, LLC, a Delaware limited liability company, as "Landlord" and Duke University Health System, Inc., a North Carolina non-profit corporation, as evidenced by Memorandum of Lease dated August 20, 2019, recorded October 2, 2019, in Book 8766, Page 721, Durham County Registry, North Carolina. 43. Terms and conditions of unrecorded lease evidenced by Memorandum of Lease between Partner RTP, LLC and Duke University, dated March 12, 2020 and recorded in Book 8917 Page 819, Durham County Registry. 44. Master Covenant by Partner RTP, LLC, dated April 30, 2020 and recorded in Book 8934 Page 6, Durham County Registry, as affected by Community Manuel (Commercial) by Partner RTP, LLC, dated April 30, 2020, recorded in Book 8934 Page 107, Durham County Registry, as amended by instruments pertaining thereto recorded herewith. 45. Notice of Allocation by Partner RTP, LLC dated April 30, 2020 and recorded May 5, 2020 in Book 8934 Page 253, Durham County Registry. 46, Architectural Application and Approval dated April 31, 2020 and recorded May 5, 2020 in Book 8934 Page 377, Durham County Registry. 47. Agreement Regarding Governance between Partner RTP, LLC and Eli Lilly and Company, an Indiana corporation, dated April 30, 2020 and recorded. May 5, 2020 in Book 8934 Page 419, Durham County Registry. 48. Terms and conditions of unrecorded lease evidenced by Memorandum of Lease between Partner RTP, LLC and Duke University Health System, Inc., dated July 28, 2020 and recorded August 11, 2020 in Book 9032, Page 136, Durham County Registry. C 68183649v2