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Home My WebLink About2018-684-E AMS - Chapel Hill Carrboro Bd of Education easement 20161204000226830 RSGM Bk:RB6550 P9:558 Prepared by: 12/04/2018 10:25 50 AM 114 Parker Poe Adams&Bernstein LLP P.O.Box 389 FILED Mark Chilton Raleigh,NC 276�2 Register of Deeds, Orange Co,NC Recardin Fn $26.00 NC Real state X; $.00 Return to: Crown Castle 1220 Augusta Drive,Suite 600 Houston,TX 77057 Parcel ID:9777-99-9032 Ai.�1,J Cross Index With:Book 1849,Page 546; Book 1861,Page 586 ASSIGNMENT AGREEMENT THI ASSIGNMENT AGREEMENT ("Assignment") is matte effective as of this day of 14 0 J E M 6 E , 2018 ("Effective Date"), by ORANGE COUNTY, NORTH CAROLINA ("Assignor"), with an address of P.O. Box 8181, Hillsborough, NC 27278, and the CHAPEL HILL -- CARRBORO CITY SCHOOLS BOARD OF EDUCATION ("Assignee"), with an address of 750 South Merritt Mill Road, Chapel Hill,NC 27516. WHEREAS, Assignee was the previous owner of that property located at 225 Culbreth Road (Parcel ID # 9777-99-9032), Chapel Hill, Orange County, North. Carolina, and being further described in that certain deed recorded in Book 5743, Page 496 in the Orange County Register of Deeds("Registry")("Assignor's Property");and WHEREAS, Assignee and GTE Mobilnet of Raleigh Incorporated ("GTE Mobilnet'), entered into that certain Light Standard Lease Agreement dated October 23, 1998 (as assigned, the "GTE Mobilnet Lease"), whereby Assignee leased to GTE Moblinet an approximately 864 square feet parcel of Assignor's Property (together with access easements, utility easements, and rights of way, being the"Leased Premises"). Notice of the GTE Mobilnet Lease is provided by Culbreth BU 8144441 Chapel Hill BU 813283 1 PPAB 4354410v2 submitted electronically by "Crown Castle USA" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Orange County Register of Deeds. and the Premises is described in that Memorandum of Lease Agreement recorded in the Registry in Book 1849,Page 546; and WHEREAS, Assignee and BellSouth Carolinas PCS, L.P., a Delaware limited liability company, dlbla Bellsouth Mobility DCS ("BellSouth"), entered into that Option and Lease Agreement dated November 6, 1998 (as amended and assigned, the "BellSouth Lease") (the GTE Mobilnet Lease and the BellSouth Lease hereinafter collectively referred to as the "Lease Agreements"), whereby Assignee leased to BellSouth a portion of Assignor's Property (together with access easements, utility easements, and rights of way, being the"Property"). Notice of the BellSouth Lease is provided by and the Property is described in that Memorandum and Amendment of Lease recorded in the Registry in Book 1861, Page 586; and WHEREAS, Assignee conveyed all of its right, title and interest in Assignor's Property to Assignor pursuant to that North Carolina General Warranty Deed recorded on January 15, 2414, in the Registry in Book 5743,Page 496; and WHEREAS, Assignor hereby desires to assign any and all of Assignor's right, title, and interest in the Lease Agreements to Assignee. NOW, THEREFORE, for mutual promises contained herein, the parties hereto agree as follows: 1. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Lease Agreements. The recitals are incorporated herein by reference. 2. Assignor hereby transfers, assigns and conveys unto Assignee, its successors and assigns, any and all of Assignor's right, title and interest in the Lease Agreements(the"Assigned Rights"). 3. Assignor hereby represents, warrants, covenants and agrees as follows: (a) Assignor has full right and authority to execute and deliver this Assignment and to assign the Assigned Rights to Assignee, and all consents, approvals and authorizations necessary for Assignor to consummate the transaction contemplated hereby have been obtained; (b) Assignor is the lawful owner of the Assigned Rights, no other party has any interest in or claim against the Assigned Rights, the Assigned Rights are free from all liens, and Assignor will warrant and defend the same against the lawful claims and demands of all persons whomsoever; and (c) Assignor is the current lessor under the Lease Agreements, the Lease Agreements are in full force and effect, and no default exists under the Lease Agreements on the part of either Assignor, as lessor, or the lessee thereunder, and, to Assignor's knowledge, no event or condition has occurred or exists which, with notice or the passage of time or both, would constitute a default by either lessor or lessee under the Lease Agreements. 4. This Assignment may be executed in multiple counterparts, each of which may be treated as an original and which together shall constitute one and the same instrument. Culbreth BU 8144441 Chapel Hill I3U 813283 I��il�1�4�3dtl �Vll I�III�lI I��II�III III PP.AB 4354410v2 -2- df l it Il f111 RB6550 559 214 IN WITNESS WHEREOF, the parties, having read the foregoing and intending to be legally bound hereby, have executed this Assignment under seal with an intended Effective Date as of the day and year first written above. ASSIGNOR: Orange County,No a lin ,%By: (SEAL) Print Name: Ccrl ora Title: Cha 1"V1 STATE OF No f' V1 Ca o i vl q COUNTY OF Uravi g', IJ I certify that the following person personally appeared before me this day, acknowledging to me that he or she signed the foregoing Assignment Agreement under seal: Orange County, North Carolina, by Marx D-ros-,'A its Date: By: -� d Print Name: Notary Public [SEAL OR STAMP] oFFICIALSEAL My Commission Expires: 7,Rb1� hloo Qub"Q North C";PIL or ,4GOCOUN omiD HUNT My Commisslon Expires, _ 8144441 Chap Chapell Hill BU 813283 PPAB 4354410v2 _3 . RB6550 560 314 IN WITNESS WHEREOF, the parties, having read the foregoing and intending to be legally bound hereby, have executed this Assignment under seal with an intended Effective Date as of the day and year first written above. ASSIGNEE: Chapel Hill - Carrboro City Schools Board of Education } r By: (SEAL) Print ame: ' Cc.0 L) Qs i Title: STATE OF W, COUNTY OF�JI I certify that the following person personally appeared before me this day, acknowledging to me that he or she signed the foregoing Assig ent Agr ment under seal: Chap Hill — Carrboro City Schools Board of Education, by � � its Bate: By Print Name: 11t11111 Notary Public [SEAI.��j�1AIlAE' ��•�•r My Commission Expires: NpTARY PUBLIC •••��y�Mf C0Va ��, Culbreth BU 8144441 Chapel Hill HU 813283 PPAB 43544 1ov2 -4- 'IdI f }fi�(dr RB6550 561 414 I _ 1 20181204000226930 MEMO Prepared by: Sk:RB6550 PQ:585 _. 12/04/2018 11:31:06 PM 1113 Parker Poe Adams&Bernstein LLP P.O.Box 389 Raleigh NC 27602 FILED Mark Chi 1 ton Resister of Deeds, Orange Co,NC Recording Fee: 52 S. S. Re Real Estate 00 Return to: Crown Castle 1220 Augusta,Suite 500 Houston,Texas 71057 Parcel ID:9777-99-9032 OWL/ Cross Index with Book 1849,Page 546 Book I849,Page 554 MEMORANDUM OF FIRST AMENDMENT TO LIGHT STANDARD LEASE AGREEMENT THIS MEMORANDUM OF FIRST AMENDMENT TO LIGHT STAND LEASE A EMENT ("Amended Memorandum") is made effective this day of 2018, by and between CHAPEL HILL -- CARRBORO CITY SCHOOLS BOARD OF EDUCATION ("Landlord"), with a mailing address of 750 S. Merritt Hill Road, Chapel Hill, North Carolina 27516, CROWN CASTLE GT COMPANY LLC, a Delaware limited liability company ("Tenant"), with a mailing address of c/o Crown Castle USA Inc., 2000 Corporate Drive, Canonsburg, Pennsylvania 15317-8564, and ORANGE COUNTY, NORTH CAROLINA {°Property Owner"), with a mailing address of PO Box 8181, Hillsborough,North Carolina 27278. WHEREAS, Landlord and GTE Mobilnet of Raleigh Incorporated ("GTE Mobilnet") entered into that.certain Light Standard Lease Agreement dated October 23, 1998 (the "Lease"), whereby Landlord leased to GTE Mobilnet a portion of land being described as an 864 square feet portion of that property (said leased portion being the "Leased Premises") located at 225 Culbreth. Road (Parcel ID # 9777-99-9032), Chapel Hill, Orange County, State of North Carolina, and being further described in Book 5743,Page 496 in the Orange County Register of Deeds ("Registry"), together with those certain access, utility and/or maintenance easements and/or rights of way granted in the Lease and in the Easement Agreement (as defined below). Notice of the Lease is provided by, and the Leased Premises is described in that certain Site blame:Culbreth BU: 814444 - 1 - PPAB 4184478►2 submitted electronically by "Crown Castle USA" in compliance with Worth Carolina statutes governing recordable documents and the terms of the submitter agreement with the Orange County Register of Reeds. f - i RB6550 586 2113 Memorandum of Lease Agreement {"Memorandum") dated October 23, 1998, and recorded on December 29, 1998,in Book 1849,Page 546 in the Registry;and WHEREAS,Landlord granted an access and utilities easement to GTE Mobilnet pursuant to that certain Easement Agreement recorded on December 29, 1998, in the Registry in Book 1849,Page 554;and WHEREAS, Landlord conveyed to Property Owner its right, title, and interest in the Leased Premises pursuant to that North Carolina General Warranty Deed recorded on January 15,2014, in the Registry in Book 5743,Page 496; and WHEREAS, Property Owner and Landlord entered into that certain Lease recorded on January 15, 2014 ("Orange County Lease"), in the Registry in Book 5743, Page 518, whereby Property Owner leased the underlying property, which contains the Leased Premises, to Landlord;and WHEREAS, Property Owner and Landlord have entered into an Assignment Agreement of even date herewith, whereby Property Owner assigned all of its right, title and interest in the Lease to Landlord;and WHEREAS,the term of the Lease commenced on November 1, 1998,and has an original term, including all Extended Terns) (as defined in the Lease), that will expire on October 31, 2018{°`Original Term"),and Landlord and Tenant now desire to amend the terns of the Lease to provide for additional Extended Term(s)beyond the Original Term,and to make other changes; and WHEREAS, Landlord, Tenant and Property Owner made and entered into a First Amendment to Light Standard Lease Agreement of even date herewith("First Amendment") and pursuant to the terms of, and for that consideration recited in, the First Amendment,the parties wish to hereby amend certain provisions of the Lease, and provide this Amended Memorandum as notice thereof,as follows: 1. Landlord does hereby lease and grant unto Tenant, its successors and assigns,the Leased Premises for five (5)additional Extended Terms beyond the Original Terra,such that the Lease expires twenty-five(25) years from the Effective Date of the First Amendment(as defined in the First Amendment)-in the year 2043,unless sooner terminated as provided in the Lease, 2. The parties agree to amend the description of the Leased Premises to be as shown as the "Lease Area" in Exhibit A attached to the First Amendment and attached hereto and incorporated herein, and described as the "Tower Lease" by metes and bounds on Exhibit B attached to the First Amendment and attached hereto and incorporated herein,and Landlord does hereby lease same to Tenant for those uses provided for in the Lease. Exhibit A and Exhibit B attached to the First Amendment and attached hereto shall replace any and all descriptions of the Leased Premises. 3. (a) The parties agree to amend the description of the Access Easement granted in the Lease to reflect the access and utility easement shown as the "Access/Utility Easement" in Site Name; Culbreth BU. 814444 -2- PPAB 4184478v2 ` f! I f i lllllliilllilllliliflllll RB6550 587 3113 Exhibit A attached to the First Amendment and attached hereto and described as the "Access/Utility Easement" by metes and bounds in Exhibit B attached to the First Amendment and attached hereto, and Landlord does hereby grant said easement for those uses provided for and in accordance with the terms of the Lease, including, without limitation, those terns provided for in Section 6 of the Lease. The description of the Access Easement attached hereto as Exhibit A and Exhibit B shall replace the description of the Access Easement attached as Exhibit"D"to the Lease. (b) The parties agree to amend the description of the Utility Easement granted in the Lease to reflect the utility easement shown as the"Utility Easement"in Exhibit A attached to the.First Amendment and attached hereto and described as the"Utility Easement"by metes and bounds in Exhibit B attached to the First Amendment and attached hereto, and Landlord does hereby grant said easement for those uses provided for and in accordance with the terms of the Lease, including, without limitation, those terms provided for in Section 6 of the Lease. The description of the Utility Easement attached hereto as Exhibit A and Exhibit B shall replace the description of the Access Easement attached as Exhibit"E"to the Lease; provided,however, in the event the location(s)of any of Tenant's or its subtenants' or licensees' existing utilities routes are not depicted or described on Exhibit A or Exhibit B, Tenant's easement rights over such area(s)shall remain in foil force and effect. 4. This Amended Memorandum contains only selected provisions of the First Amendment, and reference is made to the full text of the Lease and the First Amendment for their full terms and conditions, which are incorporated herein by this reference. Except as otherwise provided in the First Amendment and this Amended Memorandum, the terms and conditions of the Lease remain in full force and effect. This Amended Memorandum may be executed in two or more counterparts,each of which shall be deemed an original and all of which shall constitute one and the same instrument, it being understood that all parties need not sign the same counterparts. A copy of the Lease and its amendments are located at the office of the Tenant. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Site Name: Culbreth BU: 814444 -3 PPAB 4184478v2 R86550 588 4113 IN WITNESS WHEREOF, Landlord, Tenant and Property Owner have signed this instrument under seal, and have caused this Amended Memorandum to be duly executed on the day and year first written above. Landlord: Chapel Hill — Carrboro City Schools Board of Education By: (SEAL) Print Name• Title: a—k C'_ t✓ STATE OF NORTH CAROLINA COUNTY OF-1 �1- � I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing Memorandum of First Amendment to Light Standard Lease Agreement under seal: Chapel Hill — Carrboro City Schools Board of Education,by _ ► 'A"')A5j , its 0 r� — Date: 11 Print Mme: Notary Public My Commission Expires: NN NOTARY PUBLIC(11100 - 1 Site Name: Culbreth BU: 814444 -4- PPAB 4184478v2 t i R86554 589 5113 IN 'WITNESS WIIEREOF, Landlord, Tenant and Property Owner have signed this instrument under seal, and have caused this Amended Memorandum to be duly executed on the day and year first written above. Tenant: Crown Castle GT Company LLC, a Delaware limited liability company By +-► 44 ,AL) Print Name: Lisa A. Sad ck Title: Senior Transaction Mamaf., STATE OF COUNTY OF I certify that the fallowing person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing Memorandum of First Amendment to Light Standard Lease Agreement under seal: Crown Castle GT Company LLC, a Delaware limited liability company, by '& S*� 4. Sectg Jrc its rq a Date: -�e 0 By: Z6tl�tt— PrintName._,E n j/ G&e - Notary Public [SEAL OR STAMP] My Commission Expires: ((,(,i EBONY GEE Notary Public,Stete of Texas Gamin,Expires 46.18.2022 �+`r Notary I G 131574162 Site Name:Culbreth BU:814444 -$- PPAB 4184478v2 RB6550 590 6113 IN WITNESS WI-MREOF, Landlord, Tenant and Property Owner have signed this instrument under seal, and have caused this Amended Memorandum to be duly executed on the day and year first written above, Property Owner: Orange County,North Carolina IFBy: (SEAL) Print Name: ,w o r a ,,n Title: CAc�IV STATE OF NORTH CA ROLINA COUNTY OF D c� I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing Memorandum of First Amendment to Light tandard Lease Agreement under seal: Orange County, North Carolina, by �f'GLr�s lts cX v- — 13 0 CC— Date: f 3 d By: 14A- Print Nance: ❑a u i ,- Notary Public [SEAL OR STAMP] My Commission Expires: i � OFFICIAL SEAL Notary pubdr,,North Carolina ORANGE COUNTY 0 OAVID HUNT My CprnMisslon Expires Site Name:Culbreth SU: 814444 _6 PPAB 4184478►2 EXHIBIT A 110111111111 ull 1111111111111111111 R96560 591 7113 [ATTACHED HERETO] Site Name:Culhrefh BU: 814444 PP AB 4184478v2 G rr11 m�i2NO fLCf R �s�� a Pr8 �Q C9 as w F iF xy .gym 7 g �L m •rn� r A01+ l AA -y el 8 311,�d � -�. r,•as �s T VAR 81 C RICAY OP WAYPU r•J' 0+7NAD 83 7 VC7 E]} OfE{ nn{ IT7 k1y S e' ry' pggul f*) I S [�.] m Pr C In �y �n 8 00 ico mz ^ = r n Y xn M ^r n R �` g +f L EDGE OF ASPHALT(TYP) i F PhD.Sr v O 1 F r r � � r vl r NAO 83 � r n W � 30p,70' v ED IN �N sa LV lro 0 j! RZ �c a z 5E rn > x -0 Y '• y' C7 Sy7 _ r C Hp' z �c �a � as � 71 - § — \ � S \ � ! 1 } }( £ ) - m ¢ . � w . � � w �7 1 _ s'®~ � ®m» IVA- / qd ./ / ® / 05 Z , / / / / k N,o e! D. m r r � - § ®~�•% 122§ 'r ti G:a ¥ | §e $� �§i@ "le @A $ � / e & 2 ® / a a ( » . k - ■' � § m q § `z r � +u�M_ —gym 14a yy ix C3 i p � i�n r/�� T (9] I� G8T� S ■ti Cps�phT M gFtxNA"� F�kgxg g� sNcnxx��pi n �'if Eafwoww ♦ Sgi u = QfiS �ikhQ�¢� F g � y m m� m m Ye� � � �7� ❑m m�� O O O * �}{�;� ! g Al �m�~Y 49 RRM9 l I {�� 7 VIM AR g� A a a � j �j�� Tim Ed +TTii i G5 }T P TYT0L i IN s ' 8 �P coF w nF N ❑ F u T 0 G T m 1, � W � a � y n w ? i AWv C �� Q �� E pi n a ° r cox no iRal Y l [ EXHIBIT B RB8550 59 6 12113 Pagel of 2 TOWER LEASE A PORTION OF ALL THAT CERTAIN PARCEL OF LAND LYING IN THE TOWNSHIP OF CHAPEL HILL, COUNTY OF ORANGE, STATE OF NORTH CAROLINA,DESCRIBED 1N DEED BOOK 5743 PAGE 496,FURTHER DESCRIBED AS: COMMENCING FROM AN EXISTING IRON PIPE FOUND ON THE SOUTHERN MOST CORNER OF SAID PARCEL AND HAVING NORTH CAROLINA STATE PLANE COORDINATES E:1980550'-N:778289' THENCE,N 140 04'40"W FOR A DISTANCE OF 565.91 FEET TO THE POINT OF BEGINNING THENCE,N 120 13'47"E FOR A DISTANCE OF 24.00 FEET TO A POINT; THENCE, S 770 46' 13"E FOR A DISTANCE OF 36.00 FEET TO A POINT; THENCE,S 12" 13'47" W FOR A DISTANCE OF 24.00 FEET TO A POINT; THENCE,N 770 46' 13"W FOR A DISTANCE OF 36.00 FEET TO THE POINT OF BEGINNING, CONTAINING 864 SQFT-AND-0.02 ACRES, UTILITY EASEMENT A PORTION OF ALL THAT CERTAIN PARCEL OF LAND LYING IN THE TOWNSHIP OF CHAPEL HILL,COUNTY OF ORANGE, STATE OF NORTH CAROLINA,DESCRIBED IN DEED BOOK 5743 PAGE 496,FURTHER DESCRIBED AS: COMMENCING FROM AN EXISTING IRON PIPE FOUND ON THE SOUTHERN MOST CORNER OF SAID PARCEL AND HAVING NORTH CAROLINA STATE PLANE COORDINATES E:1980550'-N:778289' THENCE,N 14"04'40" W FOR A DISTANCE OF 565.91 FEET TO A POINT ON A 864 SQUARE FOOT TOWER LEASE; THENCE ALONG SAID TOWER LEASE, S 770 46' 13"E FOR A DISTANCE OF 18.92 FEET TO THE POINT OF BEGINNING THENCE ALONG SAID TOWER LEASE, S 77°46' 13"E FOR A DISTANCE OF 10.00 FEET TO A POINT; THENCE DEPARTING SAID TOWER LEASE, S 12° 13'47"W FOR A DISTANCE OF 29.44 FEET TO A POINT; THENCE, S 21° 03'24" W FOR A DISTANCE OF 4.83 FEET TO A POINT; THENCE,N 68° 56'3611 W FOR A DISTANCE OF 10.12 FEET TO A POINT; THENCE,N 210 03'25"E FOR A DISTANCE OF 4.83 FEET TO A POINT; THENCE,N 120 13'47"E FOR A DISTANCE OF 27.89 FEET TO A POINT ON SAID TOWER LEASE,ALSO BEING THE POINT OF BEGINNING,CONTAINING 336 SQFT- AND-0.008 ACRES. Site Name:Culhreth 13U: 814444 PPAB 4184478v2 f - 1� EXHIBIT B R5655D 597 13113 Page 2 of 2 ACCESSIUTILITY EASEMENT A PORTION OF ALL THAT CERTAIN PARCEL OF LAND LYING IN THE TOWNSHIP OF CHAPEL HILL, COUNTY OF ORANGE, STATE OF NORTH CAROLINA,DESCRIBED IN DEED BOOK 5743 PAGE 496,FURTHER DESCRIBED AS: COMMENCING FROM AN EXISTING IRON PIPE FOUND ON THE SOUTHERN MOST CORNER OF SAID PARCEL AND HAVING NORTH CAROLINA STATE PLANE COORDINATES E:1980550'-N:778289' THENCE,N 14°04'40"W FOR A DISTANCE OF 565.91 FEET TO A POINT ON A 864 SQUARE FOOT TOWER LEASE; THENCE ALONG SAID TOWER LEASE,N 120 13'47"E FOR A DISTANCE OF 0.87 FEET TO THE POINT OF BEGINNING THENCE DEPARTING SAID TOWER LEASE, S 670 07'38"W FOR A DISTANCE OF 10.95 FEET TO A POINT; THENCE,S 870 49'59"W FOR A DISTANCE OF 87.81 FEET TO A POINT; THENCE,N 86"45'29"W FOR A DISTANCE OF 25.10 FEET TO A POINT; THENCE,N 030 4F 18"E FOR A DISTANCE OF 317.63 FEET TO A POINT; TIMNCE,N 04"03'54"E FOR A DISTANCE OF 344.38 FEET TO A POINT ON THE SOUTHERN PUBLIC RIGHT OF WAY OF CULBRETH ROAD; THENCE ALONG SAID RIGHT OF WAY, S 77" 57'45"E FOR A DISTANCE OF 40.39 FEET TO A POINT; THENCE DEPARTING SAID RIGHT OF WAY, S 04°03' 50"W FOR.A DISTANCE OF 338.65 FEET TO A POINT; THENCE,S 030 41' 18" W FOR A DISTANCE OF 300.70 FEET TO A POINT; THENCE,N 870 49'59"E FOR A DISTANCE OF 68.56 FEET TO A POINT; THENCE,N 67°07' 38"E FOR A DISTANCE OF 18.74 FEET TO A POINT ON SAID TOWER LEASE; THENCE ALONG SAID TOWER LEASE,S 12° 13'47"W FOR A DISTANCE OF 18.33 FEET TO THE POINT OF BEGINNING,CONTAINING 27630 SQFT-AND-0.02 ACRES. Site Name:Culbreth BU: 814444 PPAB 4184478v 196� 20181204000226910 MEMO Bk:RB6556 Pg:576 Prepared by: 72104/2018 11 28716 AM 1fi3 Parker Poe Adams&Bernstein LLP Fii.EO dark Chilton P.D.Box 389 Register of Deeds, orange Co,NC Raleigh,NC 27602 NCcRealn state tX! Soo 00 Return to: Crown Castle 1220 Augusta,Suite 500 Houston,Texas 77057 Parcel ID:9777-99-9032 �yb Cross-Index Book 18b1,Page 586 MEMORANDUM OF SECOND AMENDMENT TO OPTION AND LEASE AGREEMENT THIS MEMORANDUM OF SECOND AMENDMENT TO OPTION AND LEASE APFREENEENT ("Amended Memorandum") is made effective this 2 _ day of 0 4 e tj 6rqV-,, 2018, by and between the CHAPEL HILL—CARRBORO CITY SCHOOLS BOARD OF EDUCATION ( "Landlord"), with a mailing address of 750 South Merritt Mill Road, Chapel Hill, North Carolina 27516, NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company, and the successor by merger with Bellsouth Personal Communications LLC, a Delaware limited liability company, dated December 31, 2004, for itself and as general partner of BellSouth. Carolinas PCS, L.P., a Delaware limited partnership ("Tenant"), with a mailing address of New Cingular Wireless, Suite 13-F West Tower, 575 Morosgo Drive,Atlanta, GA 30324, and ORANGE COUNTY,NORTH CAROLINA("Property Owner"),with a mailing address of PA. Box 8181,Hillsborough,North Carolina 27278. WHEREAS, Landlord and BellSouth Carolinas PCS, L.P., a Delaware limited liability company, d/b/a BellSouth Mobility DCS (`BellSouth"), entered into that certain Option and Lease Agreement dated November d, 1998 (as amended and assigned, the "Agreement"), whereby Original Landlord leased to BellSouth a portion of that property (said leased portion being the "Property") located at 225 Culbreth Road (Parcel ID # 9777-99-9032), Chapel Hill, Orange County, North Carolina, which property is described in Book 5743, Page 496 in the Orange County Register of Deeds ("Registry"), together with those certain access, utility and/or maintenance easements and/or rights of way granted in the Agreement. The Agreement is evidenced by, and the Property is described in, that Memorandum and Amendment of Lease S Site Name: Chapel Hill 368-207 Crown BU:813283 Cingular Site: 10017380 1 PPAB 4180505V3 Submitted electronically by "crown castle USA" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Orange county Register of needs, RB655e 571 2113 {"First Amendment"} recorded on January 22, 1999, in Book 1861, Page 586 of the Registry, which amended the description of the Property and established the commencement date of the Agreement as November 19, 1998; and WHEREAS, Landlord conveyed its right, title, and interest in the Property to Property Owner pursuant to that North Carolina General Warranty Deed recorded on January 15,2014, in the Registry in Book 5743,Page 496; and WHEREAS, Property Owner and Landlord entered into that certain Lease recorded on January 15, 2014 ("Orange County Lease"), in the Registry in Book 5743, Page 518, whereby Property Owner leased the underlying property,which contains the Property,to Landlord; and WHEREAS, Property Owner and Landlord have entered into an Assignment Agreement of even date herewith, whereby Property Owner assigned all of its right, title and interest in the Agreement to Landlord; and WHEREAS, the term of the Agreement commenced on November 19, 1998, and has an original term, including all extension terms, that will expire on November 18, 2023 ("Original Term"), and Landlord and Tenant now desire to amend the terms of the Agreement to provide for additional extension terms beyond the Original Term,and to make other changes. WHEREAS, Landlord, Tenant and Property Owner made and entered into a Second Amendment to Option and Lease Agreement of even date herewith ("Second Amendment") and pursuant to the terms of, and for that consideration recited in,the Second Amendment,the parties Wish to hereby amend certain provisions of the Agreement, and provide this Amended Memorandum as notice thereof, as follows: 1. Landlord does hereby lease and grant unto Tenant, its successors and assigns, the Property for three (3) additional five (5) year extension terms beyond the Original Term, immediately followed by one (1) additional period commencing on November 19, 2038, and expiring twenty-five (25)years from the Effective Date of the Second Amendment(as defined in the Second Amendment), such that the Original Term and all extension terms of the Agreement shall expire twenty-five (25) years from the Effective Date of the Second Amendment in the year 2043,unless sooner terminated as provided in the Agreement. 2. The parties agree to amend the description of the Property to be as shown as the "Lease Area" in Exhibit A attached to the Second Amendment and attached hereto and incorporated herein, and described as the "Lease Area" by metes and bounds on Exhibit B attached to the Second Amendment and attached hereto and incorporated herein, and Landlord does hereby lease same to Tenant for those uses provided for in the Agreement. Exhibit A and Exhibit B attached to the Second Amendment attached hereto shall replace any and all descriptions of the Property. 3. (a) The parties agree to amend the description of the Right of Way, as same was amended in the First Amendment, to reflect the access and utility easement shown as the Site Name: Chapel Hill 368-207 Crown Bt3:813283 Cingular Site:10017380 2 PPAB 4180506V3 RB6550 572 3/13 "AccessfUtility Easement" in Exhibit A attached to the Second Amendment and attached hereto and described as the"AccessfUtility Easement"by metes and bounds in Exhibit B attached to the Second Amendment and attached hereto,and Landlord does hereby grant said easement for those uses provided for and in accordance with the terms of the Agreement, including, without limitation,those terms provided for in Section I of the Agreement. The description of the Right of Way attached hereto as Exhibit A and Exhibit B shall replace the description of the Right of Way attached as Exhibit A to the Agreement. (b) In addition to any easements and rights of way granted in the Agreement for utilities, Landlord does hereby grant an easement and right of way to Tenant, its successors and assigns, for the benefit and use by Tenant and its affiliates, and each of their employees, agents, representatives, customers, sublessees, licensees, contractors and subcontractors, for the right to install, replace and maintain utility wires,poles, cables, conduits and pipes in, on and under said easement and right of way, as same is shown as the "Utility Easement" in Exhibit A attached to the Second Amendment and attached hereto and described as the "Utility Easement" by metes and .bounds on Exhibit B attached to the Second Amendment and attached hereto; provided, however, in the event the location(s) of any of Tenant's or its subtenants' or licensees' existing utility routes are not depicted or described on Exhibit A or Exhibit B, Tenant's casement rights over such area(s)shall remain in full force and effect. 4. This Amended Memorandum contains only selected provisions of the Second Amendment,and reference is made to the full text of the Agreement and the Second Amendment for their full terms and conditions, which are incorporated herein by this reference. Except as otherwise provided in the Second Amendment and this Amended Memorandum, the terms and conditions of the Agreement remain in full force and effect. This Amended Memorandum may be executed in two or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument, it being understood that all parties need not sign the same counterparts. A copy of the Agreement and its amendments are located at the office of the Tenant. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] Site Name: Chapel Hill 368-207 Crown BU:813283 Cingular Site: 10017380 3 PPAB 4180506V3 f II��jl��I�llll IIII I III Illlll II I Ill RB6550 573 4113 IN WITNESS WHEREOF,the parties hereto have signed this instrument under seal and have executed this Amended Memorandum as of the date first above written. Landlord: Chapel Hill—Carrboro City Schools Board of Education By: 2—c.-::57 (SEAL) Print Name Title ri NLK G/ CS 6 nr Ca STATE OF_ 1�!ram. COUNTY 0u -�,,�n I certify that the following person(s) personalty appeared before me this day, each acknowledging to me that he or she signed the foregoing Memorandum of Second Amendment to Option and Lease Agreement under seal: Chapel Hill — Carrboro City Schools Board of Education, by ��]� -r _ its Date: 11�1 By: , Print Name:-b Dtok a V 471 \\W1111io� Notary Public 6RV9T ft My Commission Expires: 1 o NOTARY Go Q 'ZUi 11,1111l1111�� Site Name: Chapel Hill 368-207 Crown BU: 813283 Cingular Site: 10017380 4 PPAB 4180506V3 C _ i il�i��1li�� I�Illl fill i ill li�liilll ill RB6550 574 5113 IN WITNESS WHEREOF, the parties hereto have signed this instrument under seal and have executed this Amended Memorandum as of the date first above written. Tenant: New Cingular Wireless PCS,LLC, a Delaware limited liability company By: AT&T Mobility Corporati , a Delaware corporation Its:M ager By: (SEAL) Gra Mea ors AVP Sourcing Operations, Strategic Lease • Management STATE OF __ ��.e��-q�c�� COUNTY OF I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he signed the foregoing Memorandum of Second Amendment to Option and Lease Agreement under seal: New Cingular Wireless PCS,LLC,a Delaware limited liability company, by its Manager, AT&T Mobility Corporation, a Delaware corporation, by Gram Meadors, its AVP Sourcing Operations, Strategic Lease Management. Date: SK'SA in , a o l By: ,oe o Print acne: Notary Public [SEAL OR STAMP] My Commission Expires: IR-2-9 'R�t CE 4 !`0, ssrvey 0� O rra.. 4 Site Name; Chapel Hill 368-207 Crown BU: 813283 Cingular Site:10017380 5 PPAB 4180506V3 � - 4 R96550 575 6/13 IN WITNESS WHEREOF, the parties hereto have signed this instrument under seal and have executed this Amended Memorandum as of the date first above written. Property Owner: Orange County,North Carolina By; (SEAL) Print Name ` Title STATE OF NOLjr,_ COUNTY OF c>r I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing Memorandum of Second Amendment to Option and Lease Agreement under seal:_Orange County, North Carolina, by M-,rk D esr� C, its ho,1>r' — �UCC Date; l iA0 A e, By: Print Name: " Notary Public [SEAL OR STAMP] My Commission Expires:2 arQ OFFICIAL SEAL Notary Public.North Cerolne ORANGE COUNTY DAVIO HUNT hAy Commlaslon Expires Site Name; Chapel Hill 368-207 Crown BU.813283 Cingular Site: 10017380 6 PPAB 4180506V3 EXHIBIT A RB6550 576 7/13 [ATTACHED HERETO] Site Name: Chapel Hill 368-207 Crown BU:813283 Cingular Site: 10017380 PPAB 4180506V3 � 1 m Y OC��Q�� JrH9r� Q �j�� ■ lv�T JOE "HM11 NMI PI boa Q F �ou a oo,ov�i � op' t5 r 7 1' 0 t, �Q .54 god �d.P ,1e51, 5 j 0 N 1 y to � a• � �� mv f `- {� bFka b MIf LI — row r LCASC UP 32 t /�ANC . 'C PUSUC RIGHT OF WAY f " HRb 83 fT1 � C A k R,V"1; gig Go �6 A•• ggQ 1GI v i a `p t � l r Ir r �..Ln moo@ iq W ,r+a n W Y� H8'S9'25.1 9 n +f669.57, r !!I ypN P p^��'S9'25"W � N�79'35•E �� 1 c cAy �� w � 5+79'35'W 867.48' nl flli+ Fi {z0 `QQ�Q 4 y J 1 6 ON d 4 N l t agm n r��1 � J ca� o��.�. 0 Z a NAD 83 0 Rill G m w s x� }fix a R �sCC g;gym VT go 4 ' 191 V - f l u + i S3 J r + f � aEa ro �.� � � ► -gym it + I �LO ID �y Cyy Hi ,lr 94� M,If,9LAN � � f w gl �_ y,11,9L.05 II ff i i 4 ,91'iC 3.Ir,4L0^a i � { 1 N h13n � � I MAD 83 } (r7 limit t00 r9nno Lh ;..?�,� a 9 V F f M �m �• fim p Pp- 'It'�. NHNO�Ox rxo - - r Nz rNx2 31° Ao a i� 9 9�g �c'Ns��nnSrc�rS`"'".fY��'`att' 4Y� n2j�� N 4No �+ks�-, Q� S.o sGrnw �,'t t � F v��' .wrNi.P O1`�i,mw: Tear ' _ �LS�pao� 4a,Tpgaq�yA ��4a" xy aa$a�ag � W CM g U M uZY N �tiRr No 174 aJ pNy1y 14�l �ZN)A� F�f$wrnYi., vfii F^9� mmNN m�am�ri .^+ �m r�r��N ' �~ �F N� �ppVNN❑ bC�l m f9T $ �oNf1P�� " �-�pA�O� A a i p O T z S Zi a A f v rec7 g � f III��I��I.�lilllllli I III I li li i II lil R86550 581 12113 EXHIBIT B PAGE 1 OF 2 LEASE AREA A PORTION OF ALL THAT CERTAIN PARCEL OF LAND LYING IN THE TOWN OF CHAPEL HILL, COUNTY OF ORANGE, STATE OF NORTH CAROLINA, DESCRIBED IN DEED BOOK 5743 PAGE 496,FURTHER DESCRIBED AS: COMMENCING FROM AN EXISTING IRON PIPE, FOUND ON SOUTHERN MOST PROPERTY CORNER OF SAID PROPERTY, AND HAVING NORTH CAROLINA STATE PLANE COORDINATES E,1980550' -AND-N:778289'; THENCE, N 25" 44' 44" W FOR A DISTANCE OF 149.59 FEET TO THE POINT OF BEGINNING; THENCE,S 890 33' 19" W FORA DISTANCE OF 21.16 FEET TO A POINT; THENCE,N 000 26'41" W FOR A DISTANCE OF 21.16 FEET TO A POINT; THENCE,N 890 33' 19"E FOR A DISTANCE OF 21.16 FEET TO A POINT; THENCE S 000 26' 41" E A DISTANCE OF 21.16 FEET TO THE POINT OF BEGINNING, CONTAINING 448 SQFT-AND-0.010 ACRES. ACCESSIUTILITY EASEMENT A PORTION OF ALL THAT CERTAIN PARCEL OF LAND LYING IN THE TOWN OF CHAPEL HILL, COUNTY OF ORANGE, STATE OF NORTH CAROLINA, DESCRIBED IN DEED BOOK 5743 PAGE 496,FURTHER DESCRIBED AS: COMMENCING FROM AN EXISTING IRON PIPE, FOUND ON SOUTHERN MOST PROPERTY CORNER OF SAID PROPERTY, AND HAVING NORTH CAROLINA STATE PLANE COORDINATES E:1980550' -AND-N:778289'; THENCE, N 250 44' 44" W FOR A DISTANCE OF 149.59 FEET TO A POINT ON A PREVIOUSLY MENTIONED 448 SQFT LEASE AREA; THENCE, ALONG SAID LEASE AREA, THENCE, S 89" 33' 19" W FOR A DISTANCE OF 21.16 FEET TO A POINT; THENCE, ALONG SAID LEASE AREA, N 000 26' 41" W FOR A DISTANCE OF 21.16 FEET TO THE POINT OF BEGINNING; THENCE, ALONG SAID LEASE AREA, S 00°26'41"E FOR A DISTANCE OF 20.00 FEET TO A POINT; THENCE, DEPARTING SAID LEASE AREA, N 790 34' 04" W FOR A DISTANCE OF 164.90 FEET TO A POINT; THENCE,N 540 27'36" W FOR A DISTANCE OF 61.27 FEET TO A POINT; THENCE,N 080 59'25"E FOR A DISTANCE OF 135.12 FEET TO A POINT; THENCE, N 040 29' 35" E FOR A DISTANCE OF 869.57 FEET TO A POINT ON THE PUBLIC RIGHT OF WAY OF CULBRETH ROAD, A DEDICATED PUBLIC RIGHT OF WAY; THENCE, ALONG SAID RIGHT OF WAY, S 770 53' 42" E FOR A DISTANCE OF 20.18 FEET TO A POINT; Site Name: Chapel Hill 368-207 Crown BU:813283 Cingular Site: 10017380 PPAB 4180506V3 11 ti l ��ti��flltill�lllll�1l�111111 till RB6550 582 1303 EXHIBIT B PAGE 2 OF 2 THENCE, DEPARTING SAID RIGHT OF WAY, S 04° 29' 35" W FOR A DISTANCE OF 867.68 FEET TO A POINT; THENCE, S 080 59'25"W FOR A DISTANCE OF 123.54 FEET TO A POINT; THENCE, S 54" 27'36"E FOR A DISTANCE OF 44.41 FEET TO A POINT; THENCE S 790 25' 48" E A DISTANCE OF 156.71 FEET TO THE POINT OF BEGINNING, CONTAINING 24,205 SQFT-AND-0.556 ACRES. UTILITY EASEMENT A PORTION OF ALL THAT CERTAIN PARCEL OF LAND LYING IN THE TOWN OF CHAPEL HILL,COUNTY OF ORANGE, STATE OF NORTH CAROLINA, DESCRIBED IN DEED BOOK 5743 PAGE 496,FURTHER DESCRIBED AS: COMMENCING FROM AN EXISTING IRON PIPE, FOUND ON SOUTHERN MOST PROPERTY CORNER OF SAID PROPERTY, AND HAVING NORTH CAROLINA STATE PLANE COORDINATES E:1980550' -AND-N:778289'; THENCE, N 250 44' 44" W FOR A DISTANCE OF 149.59 FEET TO A POINT ON A 448 SQFT LEASE AREA; THENCE,ALONG SAID LEASE AREA, S 89° 33' 19" W FOR A DISTANCE OF 21.16 FEET TO A POINT; THENCE, ALONG SAID LEASE AREA, N 00° 26' 41" W FOR A DISTANCE OF 21.16 FEET TO A POINT; THENCE,ALONG SAID LEASE AREA,N 89° 33' 19"E FOR A DISTANCE OF 7.00 FEET TO THE POINT OF BEGINNING; THENCE,DEPARTING SAID LEASE AREA,N 00°26' 41"W FOR A DISTANCE OF 16.41 FEET TO A POINT; THENCE,N 890 33' 19"E FOR A DISTANCE OF 5.00 FEET TO A POINT; THENCE, S 000 26' 41" E FOR A DISTANCE OF 16.41 FEET TO A POINT ON A PREVIOUSLY MENTIONED LEASE AREA; THENCE,ALONG SAID LEASE AREA, S 89° 33' 19"W FOR A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING,CONTAINING 82 SQFT-AND-0.002 ACRES. Site Name: Chapel Hi11368-207 Crown BU:813283 Cingular Site: 10017380 PPAB 4180506V3 f � til l� �llllllttiti�l��1��t��1�t��t� Bk8RB655i2Pg 171+Ms Prepared by: 121o4120 1$ i1:39:29 pM 1114 Parker Poe Adams&Bernstein LLP P.O.Box 389 Raleigh,NC 27602 FILED Co,HC Mark c+,iLten Register of Oeeds Orange Retarding Fee' $X: 00 - Return to: NC Real Estate TX: S-oR Crown Castle 1220 Augusta,Suite 500 Houston,Texas 77057 Cross Index:Book 1849,Page 546; Book 1849,Page 554 PIN:9777-99-9032 ` FIRST AMENDMENT TO EASEMENT AGREEMENT This First Ar nedment to Easement Agreement ("First Amendment") is entered into on this � day of , 2018, by and between CHAPEL HILL -- CARRBORO CITY SCHOOLS BOARD OF EDUCATION ("Grantor"), with a mailing address of 750 S. Merritt Hill Road, Chapel Hill,North Carolina 27516, CROWN CASTLE GT COMPANY LLC, a Delaware limited liability company ("Grantee"), with a mailing address of c/o Crown Castle USA Inc., 2000 Corporate Drive, Canonsburg, Pennsylvania 15317-8564, and ORANGE COUNTY,NORTH CAROLINA ("Property Owner"), with a mailing address of PO Box 8181, Hillsborough,North Carolina 27278. WHEREAS, Grantor and GTE Mobilnet of Raleigh Incorporated ["GTE Mobilnet") entered into an Easement Agreement dated October 23, 1998 (the "Easement Agreement"), which was recorded on December 29, 1998, in Book 1849, Page 554 in the Orange County Register of Deeds ("Registry"), in which Grantor granted GTE Mobilnet certain non-exclusive easements for ingress, egress and utilities over portions (said portions collectively being the "Easement Tracts") of that property located at 225 Culbreth Road (Tax Parcel #9777-99-9032), Chapel Hill, Orange County, State of North Carolina, and being further described in Book 5743, Page 496 in the Registry{"Parent Parcel");and WHEREAS, Grantor leased to GTE Mobilnet an 864 square feet portion of the Parent Parcel (said portion being the "Leased Premises") in that certain Light Standard Lease Culbreth,NC BU 814444 1 PPA13 4231906v5 submitted electronically by "crown castle USA" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the orange county Register of Deeds, R86551 18 2114 Agreement ("Lease Agreement") dated October 23, 1998, as evidenced by that certain Memorandum of Lease Agreement ("Memorandum") dated October 23, 1998, and recorded on December 29, 1998, in Book 1849,Page 546 in the Registry;and WHEREAS, Grantor conveyed to Property Owner its right, title, and interest in the Parent Parcel pursuant to that North Carolina General Warranty Deed recorded on January 15, 2014, in the Registry in Book 5743,Page 496; and WHEREAS, Grantee is successor in interest in the Easement Agreement and the Lease Agreement to GTE Mobilnet; and WHEREAS, the parties now wish to amend the description of the Easement Tracts and Leased Premises. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree to amend the Easement Agreement as follows: 1. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Easement Agreement. 2. The descriptions of the Easement Tracts granted in the Easement Agreement are amended to reflect those non-exclusive easements more particularly described as the "Access/Utility Easement" on Exhibit A attached hereto and as the "Utility Easement" on Exhibit B attached hereto, respectively. Grantor and Property Owner do hereby grant such non-exclusive appurtenant easements and rights-of- way to Grantee, its successors and assigns, for the benefit and use by Grantee and its affiliates, and each of their employees, agents, representatives, customers, sublessees, licensees, contractors and subcontractors,for the ingress and egress to and from the Leased Premises, seven days per week, twenty-four hours per day, on foot or motor vehicle, including trucks, together with the right to install, replace and maintain utility wires, poles, cables, conduits and pipes in, on and under said easements and rights-of-way. In the event the location(s) of any of Grantee's or its lessees', licensees', and/or sub-easement holders' existing utilities and/or access routes are not depicted or described on Exhibit A or Exhibit B attached hereto, Grantee's easement rights over such area(s) shall remain in full force and effect. Exhibit A attached hereto shall replace Exhibit D to the Easement Agreement, Exhibit B attached hereto shall replace Exhibit E to the Easement Agreement. The modified easements and rights-of-way granted herein shall be binding on and inure to the benefit of Grantee and its lessees, licensees, successors and assigns. The Access/Utility Easement and the Utility Easement are more particularly shown on Exhibit D attached hereto. 3, The description of the Leased Premises described in the Easement Agreement is amended to reflect that 864 square feet portion of the Parent Parcel more Culbreth,NC BU 814444 2 PPAB 4231906v5 fl f I��f��llll�lll�f Il�llllllflllf RB6551 i9 3114 particularly shown and described as "Tower Lease" on Exhibit C attached hereto. Exhibit C attached hereto shall replace Exhibit A to the Easement Agreement. 4. Each and all of the covenants and provisions contained herein (a)are made as an appurtenance for the benefit of the Leased Premises; (b) will create mutual equitable servitudes upon the Leased Premises and the Parent Parcel and shall be covenants running with the land; (c) will bind every person having any fee, leasehold or other interest in any portion of the Leased Premises or the Parent Parcel to the extent that such portion is affected or bound by any term, covenant or provision set forth herein; and (d) will inure to the benefit of the parties and their respective successors and assigns as to the Leased Premises and the Parent Parcel. 5. In all other respects, the remainder of the Easement Agreement shall remain in full force and effect and is incorporated herein by this reference, and the parties do hereby ratify the Easement Agreement and the terms and conditions therein. 6. This First Amendment shall be governed by the laws of the State where the Easement Area is located. 7, This First Amendment may be executed in any number of counterparts, each of which shall be deemed an original and which together shall constitute one and the same instrument. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Cutbreth,NC HU 814444 3 PPAB 42319060 1 �f��l�l��1��1f��llllllfllllllfll!lllfl P66551 20 4l14 IN WITNESS WHEREOF, Grantor, Property Owner, and Grantee have signed this instrument under seal,and have caused this First Amendment to be duly executed on the day and year first written above. Grantor: Chapel Hill -- Carrboro City Schools Board of Education By: (SEAL) Print N e: � Title: r C C-.0 . STATE OF NORTH CAROLINA COUNTY OF I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing Memorandum of First Amendment to Light Standard Lease A Bement under seal: Chapel Hill — Carrboro City Schools Board of Education,by i , its Date: By: V w ll�r Print Name ��_pt� I �� Notary Public [SEAL DR STAN4J,J � My Commission Expires: - NOTARY PUBLIC lil Culbreth,NC BU 814444 4 PPAB 42319060 Property Owner: RB5551 21 5114 Orange County,North Carolina By: r (SEAL) Print Name: Title: STATE OF NORTH CAROLINA COUNTY OF I +rt 4 Q- I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing First Amendment to Easement Agreement under seal: Orange County, North Carolina, by m l lr� _Dbr fA 11 n its !3 QCC r Date: Q )t*- j By: Print Name: Dav u^ Notary Public [SEAL OR STAMP] My Commission Expires: X,,nt OFFICIAL SEAL Notary Pubic,North Caroline ORANGE COUNTY DAVID HUNT My Commission Exp[res Culbreth,NC 13U 814444 5 PPAB 4231946v5 r � Grantee: R86551 22 6114 Crown Castle GT Company LLC, a Delaware limited liability company By X_V (SEA ) Print Name; Title: 31:1—Maectiom Manager STATE GP � s COUNTY OF I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or ahr—signed the foregoing First Amendment to Easement Agreem�ent under seal: Crown Castle GT Company LLC, a De aware limited liability company, by _� wren its5e Date: IJ l�`,?�1 By: st Print'game: �Xgnflee Notary Public [SEAL OR STAMP] My Commission Expires: •'''�r�r'r� EBONY GEE ='V ;t(i Notary Public,State of Texas a Comm.Expires 06.1E-2022 •''`Nr 1y►`'�� Notary ID 131574162 Culhreth,NC BU 814444 6 PPAB 4231906v5 ll��{l�I��I��I��EIII�IlE! Il�IlI#Illllll! R96551 23 7114 EXHIBIT A ACCESSIUTILITY EASEMENT A PORTION OF ALL THAT CERTAIN PARCEL OF LAND LYING IN THE TOWNSHIP OF CHAPEL HILL, COUNTY OF ORANGE, STATE OF NORTH CAROLINA,DESCRIBED IN DEED BOOK 5743 PAGE 496,FURTHER DESCRIBED AS: COMMENCING FROM AN EXISTING IRON PIPE FOUND ON THE SOUTHERN MOST CORNER OF SAID PARCEL AND HAVING NORTH CAROLINA STATE PLANE COORDINATES E:1980550'-N:778289' THENCE,N 140 04'40" W FOR A DISTANCE OF 565.91 FEET TO A POINT ON A 864 SQUARE FOOT TOWER LEASE; THENCE ALONG SAID TOWER LEASE,N 120 13'47"E FOR A DISTANCE OF 0.87 FEET TO THE POINT OF BEGINNING THENCE DEPARTING SAID TOWER LEASE,S 670 07'38" W FOR A DISTANCE OF 10.95 FEET TO A POINT; THENCE,S 870 49'59"W FOR A DISTANCE OF 87.81 FEET TO A POINT; THENCE,N 863 45'29" W FOR A DISTANCE OF 25.10 FEET TO A POINT; THENCE,N 030 4P 18"E FOR A DISTANCE OF 317.63 FEET TO A POINT; THENCE,N 040 03' 50"E FOR A DISTANCE OF 344.38 FEET TO A POINT ON THE SOUTHERN PUBLIC RIGHT OF WAY OF CULBRETH ROAD; THENCE ALONG SAID RIGHT OF WAY, S 77° 57'45"E FOR A DISTANCE OF 40.39 FEET TO A POINT; THENCE DEPARTING SAID RIGHT OF WAY, S 04°03'50"W FOR A DISTANCE OF 338.65 FEET TO A POINT; THENCE,S 03°41' 18"W FOR A DISTANCE OF 300.70 FEET TO A POINT; THENCE,N 870 49' 59"E FOR A DISTANCE OF 68.56 FEET TO A POINT; THENCE,N 670 07'38"E FOR A DISTANCE OF 18.74 FEET TO A POINT ON SAID TOWER LEASE; THENCE ALONG SAID TOWER LEASE, S 120 13'47"W FOR A DISTANCE OF 18.33 FEET TO THE POINT OF BEGINNING, CONTAINING 27630 SQFT-AND-0.02 ACRES. Culbreth,NC BU 814444 PPAB 42319060 E r r EXHIBIT B RB6561 24 8114 UTILITY EASEMENT A PORTION OF ALL THAT CERTAIN PARCEL OF LAND LYING IN THE TOWNSHIP OF CHAPEL HILL, COUNTY OF ORANGE, STATE OF NORTH CAROLINA, DESCRIBED IN DEED BOOK 5743 PAGE 496,FURTHER DESCRIBED AS: COMMENCING FROM AN EXISTING IRON PIPE FOUND ON THE SOUTHERN MOST CORNER OF SAID PARCEL AND HAVING NORTH CAROLINA STATE PLANE COORDINATES E:1980550'-N:778289' THENCE,N 14" 04'40" W FOR A DISTANCE OF 565.91 FEET TO A POINT ON A 864 SQUARE FOOT TOWER LEASE; THENCE ALONG SAID TOWER LEASE,S 770 46' 13" E FOR A DISTANCE OF 18.92 FEET TO THE POINT OF BEGINNING THENCE ALONG SAID TOWER LEASE,S 77°46' 13"E FOR A DISTANCE OF 10.00 FEET TO A POINT; THENCE DEPARTING SAID TOWER LEASE, S 120 13'47"W FOR A DISTANCE OF 29.44 FEET TO A POINT; THENCE,S 210 03'24"W FOR A DISTANCE OF 4.83 FEET TO A POINT; THENCE,N 680 56' 36" W FOR A DISTANCE OF 10.12 FEET TO A POINT; THENCE,N 210 03'25" E FOR A DISTANCE OF 4.83 FEET TO A POINT; THENCE,N 12" 13'47"E FOR A DISTANCE OF 27.89 FEET TO A POINT ON SAID TOWER LEASE,ALSO BEING THE POINT OF BEGINNING,CONTAINING 336 SQFT- AND-0.008 ACRES. Culbreth,NC BU 814444 PPAB 4231906v5 i EXHIBIT C R86551 25 9114 TOWER LEASE A PORTION OF ALL THAT CERTAIN PARCEL OF LAND LYING IN THE TOWNSHIP OF CHAPEL HILL, COUNTY OF ORANGE,STATE OF NORTH CAROLINA,DESCRIBED IN DEED BOOK 5743 PAGE 496,FURTHER DESCRIBED AS: COMMENCING FROM AN EXISTING IRON PIPE FOUND ON THE SOUTHERN MOST CORNER OF SAID PARCEL AND HAVING NORTH CAROLINA STATE PLANE COORDINATES E:1980550'-N:778289' THENCE,N 140 04'40"W FOR A DISTANCE OF 565.91 FEET TO THE POINT OF BEGINNING THENCE,N 12" 13'47"E FOR A DISTANCE OF 24.00 FEET TO A POINT; THENCE, S 77"46' 13"E FOR A DISTANCE OF 36.00 FEET TO A POINT; THENCE,S 12° 13'47" W FOR A DISTANCE OF 24.00 FEET TO A POINT; THENCE,N 77°46' 13"W FOR A DISTANCE OF 36.00 FEET TO THE POINT OF BEGINNING,CONTAINING 864 SQFT-AND-0.02 ACRES. Culhreth,NC BU 914444 PPAB 4231906v5 EXHIBIT D R86551 26 10114 [ATTACHED HERETO] Culhreth,NC BU 814444 PPAB 4231906v5 s C � q - titior OEl 'D I v 90 it p m /•� N V K �"• �� z � v �� g�grgq7 ❑o o&^ a v n� � i �� od 7 �,Im y.r rr C t ?k h.pyy r M 1Y y;N Li n F+n l ; zR..r qua'._• '" g ' o _ .� % a a to a 6io W§ TPIVE PUBLIC NrcH7 OF WAY g Lm NAD 83 C� Mich arc ne .N 2 V 7" F. r � d ztua o� p,. ... nil Qg �L�11 y�5 ud adwl I � 3g � F UOn r�v 4d J� r� Z ��Q �$yu�ao W��, � � ��k O�� 0�2� g� � "� oe�� •ram �h;•.'�•', W g N m s N_vY -in w H 1 j Y I � - I •pfLG4-'- � � I - a I4q� r W r aw. o a yip IS M.N. f0.t5 •--..,RC-W M .�iY �• j N � GG ui C6 OVN 4 � la b � 1 t r s a T m M I+ a �a ls] W Y N M Y dt a c m E 8 ran � E {diRS 117Hd5V .1Q 3QQ3 ? - J ± z s q S V1 i N 7 7 �� $ J 7� o � � �� yes } � � �•o � b'ie� gg £9 4VM i M.c}cr.tcs f e, io �.e►,t'CtrS n r' Lrl ' mid�LYCC2iry � ^�' � O'w - Lo-- a k l u ESL e w j p' Y M i y � l a t �vv �Y ----�v v +++v ry �. Im --gym cr i Ni gig ��pa Qa QrQ : ■' a pa � i g�5 'pp Y 44r' A � � 'Q y4± �}'7 sap i4■ c_� ,�5 Z r R�f+17m [y pi gSyy � yyV+ r �T Qom' 8Y 17�µ� S Div K.--1 a�+��m•^ N -'I�f�l�t.l� N � lS;� �Y ��n� N 'I Y �;� �� 1��t21.1T� �� Y' ,��RR y k M1M1R1I � q �ql�M� ti ,� R RRRRq�� R� �� W O a �rN t_ • r f� y ryo pi6� jig n 8 YY� i �rir r N dr Y ir9ii a spf ti y PE M z YYY o r Q2 3 � � a3 ��ii sy c CD Q v m �o � � � a v 21 Egg b Q rn Y pN fps p as r x4 Cli7$� 71 Ll cn zj