HomeMy WebLinkAboutAgenda 06-03-2025; 8-m - Lease Amendment for the Communications Tower at 3605 Walnut Grove Church Road, Hillsborough 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 3, 2025
Action Agenda
Item No. 8-m
SUBJECT: Lease Amendment for the Communications Tower at 3605 Walnut Grove
Church Road, Hillsborough
DEPARTMENT: Asset Management Services
(AMS)
ATTACHMENT(S): INFORMATION CONTACT:
Lease Amendment with Survey Alan Dorman, AMS Director, 919-619-
8859
PURPOSE: To approve an amendment to the TowerCo lease for County-owned property at 3605
Walnut Grove Church Road in Hillsborough, and authorize the County Manager to sign the
amendment upon final review by the County Attorney.
BACKGROUND: At its Business meeting on June 18, 2024, the Board approved a lease with
TowerCo for a small portion of County-owned property at 3605 Walnut Grove Church Road in
Hillsborough, PIN# 987419040, to build a communications tower. During the permitting for the
tower's construction, additional landscaping buffer requirements necessitate TowerCo to expand
the lease area from 100' X 100' to 120` X 160`. Additionally, revisions to easement paths are
needed to accommodate underground power installation. The amendment also allows the County
to place emergency communications equipment on the tower at no additional cost beyond the
equipment and installation cost. The proposed slight expansion of lease space and revisions of
the easement will not affect the County's use of the property.
FINANCIAL IMPACT: There is no financial impact as the lease amendment does not alter the
existing financial terms of the lease. The lease's annual revenue of $13,200 once the tower is in
operation is included in the County's operating budget.
ALIGNMENT WITH STRATEGIC PLAN: This item supports:
• GOAL 6: DIVERSE AND VIBRANT ECONOMY
OBJECTIVE 5. Increase access to and awareness of resources and assistance available
to residents and businesses.
RECOMMENDATION(S): The Manager recommends that the Board approve the lease
amendment and authorize the County Manager to sign the lease amendment document upon
final review by the County Attorney.
2
FIRST AMENDMENT TO GROUND LEASE AGREEMENT
THIS FIRST AMENDMENT TO GROUND LEASE AGREEMENT ("Amendment") is
entered as of the later of the signature dates below by and between Orange County, North
Carolina("Lessor") and TowerCo VI, LLC, a Delaware limited liability company("Lessee").
RECITALS
A. Whereas, Lessor and TowerCo 2013 LLC are parties to that certain Ground Lease
Agreement dated July 19, 2024 (the "Agreement");
B. Whereas, TowerCo 2013 LLC assigned all of its rights, title and interest in the
Agreement to Lessee via an Assignment and Assumption Agreement and a Bill of
Sale, both dated September 23, 2024;
C. Whereas, Lessor and Lessee desire to amend the Agreement to: (i) relocate the
location of the Premises, (ii) increase the size of the ground space from 10,000
square feet to 19,200 square feet; (iii) increase the size of the Easements to forty
(40') feet; (iv) add a landscaping buffer; and (v) allow for the Lessor to have
space on the tower for its service/safety cellular and/or wireless equipment.
NOW, THEREFORE, for and in consideration of the promises and mutual covenants
herein contained and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties hereby agree to amend the Agreement as follows:
1. Location of the Premises. The location of the Premises (including the Easements)
is hereby relocated, as provided in Exhibit B-1, attached hereto and incorporated
herein. Furthermore, the width of the Easements is increased to forty (40') feet.
Exhibit B-1 hereby modifies the location of the Premises, and the width of the
Easements, as depicted in Exhibit B in the Agreement. Exhibit B-1 replaces and
supersedes Exhibit B to the Agreement.
2. Size of Premises. The second sentence of Paragraph 1 of the Agreement
(Premises) is deleted in its entirety and replaced with the following:
"Lessor hereby leases to Lessee and Lessee leases from Lessor approximately Nineteen Thousand
Two Hundred (19,200) square feet of the Parent Parcel ("Ground Space") and all access and
utility easements if any ("Easements"), (the Ground Space and the Easements shall collectively
be referred to as the"Premises") as described in Exhibit B-1 annexed hereto."
3. Landscape Buffer. Paragraph 2 of the Agreement is hereby modified by adding
the following sub-paragraph:
"In the event that any such Government Approval shall require, as a condition of such
Government Approval being granted or maintained, or in the event that it is reasonably
advisable for Lessee to propose during the application process for such Government
Approval, the establishment and/or maintenance of a tree buffer easement or other similar
NC0326 First Amendment
Page 1
3
landscaping or preservation scheme regarding vegetation surrounding the Premises (a
"Vegetative Buffer"), Lessor hereby agrees to such proposal and to comply with the
terms of such Vegetative Buffer requirement, including the timely execution of any
additional documents necessitated thereby, for the Term and any Renewal Term(s) of this
Lease, at no additional cost to Lessor. Lessor shall be responsible, at Lessor's cost, for
the maintenance and replacement, if necessary, of vegetation that is existing within such
Vegetative Buffer at the time such Vegetative Buffer is required as a condition of the
Government Approval. Lessee and Lessor hereby agree that Lessee shall be responsible,
at Lessee's cost, for the installation and maintenance, during the Term and any Renewal
Term(s) of this Lease, of any supplemental plantings required by such Government
Approval (the "Supplemental Landscaping"). Lessor hereby consents to Lessee's
installation and maintenance of the Supplemental Landscaping and hereby grants Lessee
sufficient easement rights over, under and across the Parent Parcel as reasonably
necessary to accomplish the same, whether or not such Supplemental Landscaping is
located within the Premises."
The remainder of Paragraph 2 remains unchanged.
4. Use of the tower by Lessor. Paragraph 6 of the Agreement is hereby modified to
add the following sub-paragraph as Paragraph 6 (e):
"Pursuant to Orange County Zoning Ordinance §5.10.6, Lessor may collocate its wireless
facilities on the tower at no charge to the Lessor. Lessee shall provide accommodation for
installation of any Lessor service/safety cellular and/or wireless equipment on the tower as
reasonably requested by Lessor, in a location determined by Lessee. Such installation shall be
rent free, provided that Lessor shall be responsible for the cost of procurement, installation and
maintenance of the equipment and utility consumption. Lessee shall also provide ground space
for Lessor's ground equipment within the Premises."
The remainder of Paragraph 6 remains unchanged.
5. Agreement in Full Force. Except as expressly amended hereby, all terms and
conditions of the Agreement shall remain in full force and effect, and, in the event of
any inconsistencies between this Amendment and the terms of the Agreement, the
terms set forth in this Amendment shall govern and control. The covenants,
representations and conditions in the Agreement are mutual and dependent.
6. Counterparts. This Amendment may be executed in one or more counterparts
which shall be construed together as one document.
7. Successors and Assigns. Upon full execution by Lessee and Lessor, this
Amendment (i) shall be binding upon and shall inure to the benefit of each of the
parties and their respective successors, assigns, receivers and trustees; and (ii) may be
modified or amended only by a written agreement executed by each of the parties.
NC0326 First Amendment
Page 2
4
8. Recitals. The recitals at the beginning of this Amendment are incorporated in and
made a part of this Amendment.
(SIGNATURES APPEAR ON FOLLOWING PAGE)
NC0326 First Amendment
Page 3
5
IN WITNESS WHEREOF, the parties have executed this Amendment as of the later of the
signature dates below.
LESSOR:
ORANGE COUNTY,NORTH CAROLINA
By:
Name:
Title:
Date:
LESSOR ACKNOWLEDGEMENT:
STATE OF NORTH CAROLINA )
COUNTY OF ORANGE )
I, a Notary Public do hereby certify that
[Name] personally came before me this day and acknowledged
that he/she, is the [Title] of Orange County, North Carolina, and that
he/she, as [Title] being authorized to do so, executed the
foregoing on behalf of the said county.
This the day of , 2025.
Notary Public
Print Name
My commission expires: (seal)
NC0326 First Amendment
Page 4
6
LESSEE:
TOWERCO VI, LLC, a Delaware limited liability company
By:
Name: Mike Smith
Title: CFO
Date:
LESSEE ACKNOWLEDGEMENT:
STATE OF NORTH CAROLINA )
COUNTY OF WAKE )
I, , a Notary Public do hereby certify that Mike Smith personally
came before me this day and acknowledged that he is the CFO of TowerCo VI, LLC, a Delaware
limited liability company, and that he, as CFO being authorized to do so, executed the foregoing
on behalf of the said limited liability company.
This the day of , 2025.
Notary Public
Print Name
My commission expires: (seal)
NC0326 First Amendment
Page 5
7
Exhibit B-1
An approximately 120' x 160' (19,200) square foot tract of land, together with easements for
ingress, egress and utilities described or depicted as follows:
(see attached)
NC0326 First Amendment
Page 6
8
CARp�
2O�PMT E55/ON4 7/�
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SEAL
L-3729
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SURVEYOR'S NOTES
� ALL PRIVATE UTILITY INFORMATION WAS PROVIDED BY BLEW&ASSOCIATES(JOB N0. RRELL x
X 5./TE
24-8267)AND ARE APPROXIMATE BASED ON HELD LOCATED PAINT MARKS.
THE APPROXIMATE LOCATION OF THE WASTEWATER LINE IS SHOWN HEREON BASED OFF
OF THE JOB REPORT FROM THE AFOREMENTIONED UTILITY LOCATE.NO EVIDENCE OF HEREBY CERTIFY THAT THIS MAP IS CORRECT AND WAS DRAWN UNDER MY
THE WASTEWATER LINE BEING LOCATED WAS FOUND AT THE TIME OF THE SURVEY. DIRECT SUPERVISION MY VISIBLE ENCROACHMENTS ARE SHOWN HEREON.
oWETLAND DELINEATIONS ARE BASED ON FLAGGING LOCATED AT THE TIME OF THE ,�V /
SURVEY AND ON A CLIENT PROVIDED KMZ FILE OUTLINING AREAS W1 AND Ti DATE:03/25/2025
G.DARRELL TAYLOR,NORM CAROLINA PROFESSIONAL LAND SURVEYOR#L-3729
POINT TO POINT LAND SURVEYORS,INC.
THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN RENEWED BY A
LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPUCABLE LAND
DEVELOPMENT REGULATIONS AND HAS NOT BEEN RENEWED FOR COMPLIANCE WITH
RECORDING REQUIREMENTS FOR PLATS.
1
No / OLOi 2,BLOCK B VICINITY MAP SPECIFIC PURPOSE SURVEY PREPARED BY:
epP, 1 LOT 1,BLOCK B (PB 23 PG 116) O 007 70 SCALE
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p�0�'pS�QJQg, OB 6591 1A 334 y.. •THIS SPECIFIC PURPOSE SURVEY IS FOR THE LEASED PREMISES AND EASEMENTS
IPF PIPE W/NAIL SET LOT 1A 5 p h O z ONLY.THIS SPECIFIC PURPOSE SURVEY WAS PREPARED FOR THE EXCLUSIVE USE
,F� \ (PB 49 PG 134)O ^U? a OF TOWERED S HOLDINGS,LLC AND EXCLUSIVELY FOR THE TRANSFERRAL AL THE
LOT IS O LEASED PREMISES AND THE RIGHTS OF EASEMENT SHOWN HEREON AND SHALL NOT
(PB 49 IS 134)5 4 7 W o BE USED AS AN EXHIBIT OR EVIDENCE IN THE FEE SIMPLE TRANSFERRAL OF THE
i5`J w A PARENT PARCEL NOR ANY PORTION OR PORTIONS THEREOF.BOUNDARY
20' UTILITY EASEMENT = E tiCn INFORMATION SHOWN HEREON HAS BEEN COMPILED FROM TAX MAPS AND DEED P2
(SEE SHEETS 2-3 FOR DETAILS) m ,: DESCRIP110NS ONLY.NO BOUNDARY SURVEY OF THE PARENT PARCEL WAS
\\ �• PERFORMED.
f IPE I'OTP �V IPE 5/8"RB A/86.16'21 T 682.60' IPE I"oar m
THIS DRAWING DOES NOT REPRESENT A BOUNDARY SURVEY. ■
�\ _ \ EQUIPMENT USED FOR ANGULAR&LINEAR MEASUREMENTS:GEOMAX ZOOM ROBOTIC
—\ \ AND CARLSON BRx7 BASE AND ROVER[DATE OF LAST FELT VISIT:11/18/2024]. Fl rill LlGense NU n'160r: C-4145
-66 TRACT IJNE \ \ — IPF 1.5"OTP SEE CNSS NOTES FOR GNSS EQUIPMENT.
\ PER PB 100 Governors Trace, Ste. 103
LOT A N/F \— — PER PB 49 PG 134E — — \ \ LEASE AREA SURVEY ARE CONTOADJUSTED O HAVE)88URS AND SPOT TD TUM IONS SHOWN
(COMPUTED THIS
USING GEOIDCIFIC iS)PADD HAVE Peachtree City, CA 30269
OSE
(PB 74 PG 141) PARENT PARCEL 5 55�j \ \ �o� (SEE SHEETS 2-3 A VERTICAL ACCURACY OF 2 0.5'.CONTOURS OUTSIDE THE IMMEDIATE SITE AREA
ORANGE COUNTY,NORTH cABouNn A \ FOR DETAILS) ARE APPROXIMATE. (p) 678.565.4440 (f) 678.565.4497 (w) p2pls.Cam
PARCEL I0.9867419070 BEARINGS SHOWN ON THIS SPECIFIC PURPOSE SURVEY ARE BASED ON NORTH SPECIFIC PURPOSE SURVEY PREPARED FOR:
P OB 4709 PG 855 40' ACCESS SC UTILITY \ CAROLINA GRID NORTH NAD 83
PB 101 PG 85 ( )
EASEMENT 250.a 311 TowerCo
(SEE SHEETS 2-3 FOR DETAILS) Q PER THE FEMA EOMAPS,THE SITE D)LOCATED IN AN AREA DESIGNATED
m N 3710986700KA A DATEDF:11 MINIMAL17 HAZARD).COMMUNITY PANEL NO.
LOT B v NO WETLAND AREAS HAVE BEEN INVESTIGATED BY THIS SPECIFIC PURPOSE SURVEY. TOWERCO IV HOLDINGS,LLC
(PB 74 PG 141) �- POB:LEASE 5000 VALLEYSTONE DRIVE.SUITE 200 CARY NO 27519
O ALL ZONING INFORMATION SHOULD BE VERIFIED WITH THE PROPER ZONING
8 ,r ��• OFFICIALS.
STREAM Lor 7 KENION RD
`" /j,`�,}.. (PB 54 PC 178) ANY UNDERGROUND UTIUPES SHOWN HAVE BEEN LOCATED FROM ABOVE GROUND T
PROPERTY LINE w.E- 0p R R FIELD SURVEY INFORMATION. THE SURVEYOR MAKES NO GUARANTEES THAT ANY SITE NO. NCO326
tigy 26, UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, CEDAR GROVE TOWNSHIP,
f%98 EITHER IN-SERVICE OR ABANDONED.THE SURVEYOR FURTHER DOES NOT WARRANT ORANGE COUNTY,NORTH CAROLINA
6` THAT ANY UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED
O WETLANDS"T1"PER KMZ ( ALTHOUGH THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM INFORMATION /.
PROVIDED.BY CLIENT -*- WETLANDS"WI"PER KMZ POC.IPF 1 5'OT AVAILABLE.THE SURVEYOR HAS NOT PHYSICALLY LOCATED ANY UNDERGROUND PARENT PARCEL
----_PROVIDED BY CLIENT N=870804.1732 UTILITIES. r`7
E=1965657.5682
THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL OWNER:ORANGE COUNTY,NORTH CAROLINA
GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT
LEGEND REGULATIONS.THIS MAP IS ONLY INTENDED FOR THE PARTIES AND PURPOSES SITE ADDRESS:3605 WALNUT GROVE CHURCH RD,HILLSBOROUGH,NO 27278
POB POINT OF BECAMWNB SHOWN.THIS MAP IS NOT FOR RECORDATION. 9
ROC MINT OF COMMENCEMENT PARCEL ID:9867419070
IPF ION PIN FOUND
RB REAR
Om DPFN i0P PIPE AREA:18.13 ACRES(PER TAX ASSESSOR)
INV I MRr
EPEXE OF PAVEMENT ZONED:AS(AGRICULTURAL RESIDENTIAL)
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ou oVERHEHO U F, REFERENCE:DEED BOOK 4209 PAGE 385
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CLF -IN!MK FENCE SURVEY IS BASED HAVE BEEN PRODUCED AT THE 957 100 0 200 400
HH HANOHOLE CONFIDENCE LEVEL:
CP CONCRETE PAO
NOW OR FDRMERLr GRAPHIC SCALE IN FEET
Rlcrlr-OF-wnr ADJOINER TABLE TYPE POSITIONAL ACCURACY:0.00 FEET DROPS)BAS 0.16 FEET(VERT) SCALE:1"=200' 11x17)
• SEWER AFAN ODi TYPE OF EQUIPMENT:CARLSON BRx7 BASE AND ROVER,MULTI-FREQUENCY
N f PARCEL ID. DEED REF. TYPE OF GNSS FlELD PROCEDURE:ONLINE POSITION USER SERVICE N0. DATE REVISION DRAWN BY:REE SHEET: i
BOLIa4D 1,CLAUDE A.BREEZE JR. 9867419666 230 1b24 DATE OF SURVEY:11/18/2024 g
UTILITY LEGEND DATUM EPOCH: NAD-83(2011 EPOCH:2010,0000 T.
1 31 25 0 UTI M
Q IEI.CO PEDfSiAt ' 2.LEON S.&DOROTHY P.LEA 9867515717 413 432 / )( ) CHECKED BY:JKL
e,�oVERHGo Onutt LINE 3.ANDREW P.&HAVEN J.SALZWEOEL 9867518460 6830 2176 PUBLISHED FIXED CONTROL USE N/A 2 13 25 7
UTILlIY PIXE * HW(RtWJUND mfCONNUMTAIl0A5 MW GEOID MODEL:18 I
—Fo UNOEROROurvO flBEROPTIC NNE 4.CHARLES H.HELMS III 9867602719 6721 849 COMBINED GRID FACTOR S):0.99996520 4. 3 25 25 M APPROVED:D.MILLER
• Gur WIRE ANCHOR —B—O—UNOERDRODND GAS LINE 5.LEWIS W.&FAYE N CRABTREE 9867497561 518 680 CENTERED ON THE GASB POINT AS SHOWN HEREON.
UGH(POLE S� �UNOERO,O SEWER ONE 6.RANDY H.SPENCER&THERESA N.STONE 9867411034 677fi 226 CONVERGENCE ANGLE:—0.06924167 DATE:JANUARY 14,2025 —
H—MMOERCRD00 ELECTRIC LINE BENCHMARKS USED:DG9328,DF9213,DL3891
BENCHMARK UNOERGROUNO WATER LINE ALE BEFORE YD� DIG P2P JOB :241524NC OF 4
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9
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LB ODIC 16'38'W 455.24' HEREBY CERTIFY THAT THIS MAP IS CORRECT AND WAS DRAWN UNDER MY
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L101 N4047'05'W 315.60'
-" L11 N51'00'55'E 40.02' DATE:03/25/2025
L12 540'47'05"E 274.34' "G
DARRELL TAYLOR,NORTH CAROLINA PRO IONAL LAND SURVEYOR L-3729
L13 N49'12'36'E 53.88' POINT TO POINT LAND SURVEYORS,INC.
L14 NSF16'381E 481.96'
/ L15 S5654 391 333.36' THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A
L76 S7T42'08"E 29.58' LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPUCABLE LAND
DEVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH
L17 N40'42'41'W 274.03' RECORDING REQUIREMENTS FOR PLATS.
L18 N51 00'55"E 20.00'
L19 S494248U 252.08' 'SPECIFIC PURPOSE SURVEY PREPARED BY:
L20 540'42'48'E 21.31'
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40' ACCESS & UTILI'Y
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(RIGHTS TO BE ACQUIRED / / \' \ _ _ LEASE AREA TOWERCO IV HOLDINGS,LLC
APPROXIMATE LOCATION OF WASTEWATER LINE / % \ \ L3 (RIGHTS TO BE ACQUIRED) 5000 VALLEYSTONIE DRIVE,SUITE 200 CARY NO 27519
J0� (SEE SURVEYOR'S NOTE)
KENION RD
v — SITE NO. NCO326
CEDAR GROVE TOWNSHIP,
ORANGE COUNTY,NORTH CAROLINA
PROPOSED TOWER
SITE INFORMATION
oLEASE AREA=79,200 SQUARE FEET(0.4408 ACRES) N
LEGEND AT CENTER LEASE AREA:
POB PANT OF BEGINNING LATITUDE: 36'08'35.77"(NAD 83)(36.143269') 9
MW Di COMMENCEMENT LONGITUDE: -]9'0701.82"(NAD 83)(-79.117172')
IPF IRaJ PIN FDUNO ELEVATION=681.8' A.M.SL.
f _ L5 RB REBAR
POB:ACCESS ESMT. / INTV IRTiDP PIPE VERTICAL DATUM:DAVID 1988(COMPUTED USING GEOID78)
EP EDGE OF PAKMENT HORIZONTAL DATUM:NAD83 n
25.3 / BC BACK OF CURB
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lg CIF Cl—LINK FENCE
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FMI/ 1 PMIAN BUFFER OCE
H aw oR ioRUERL1 GRAPHIC SCALE IN FEET
\ �� R/W Rlc-Nr-oF-WAY SCALE:1"=60'(11x17)
N53°56'35"W 269.86' ❑• SE CLEAN Our N0. DATE REVISION DRAWN BY:REE SHEET:
\ POB:.L7`ASE (7lf FROM PSC) '' eaukD 1. 1 31 25 C UTI M
UTILITY LEGEND ❑r rzLco PEDEsru 2 13 25 CHECKED BY:JKL /� °
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10
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L12 S40'47'05'E 274.34'
DIRECT SUPERVISION_ANY VISIBLE ENCROACHMENTS ARE SHOWN HEREON.
L13 N49'7236Q 53.88'
18"RCP H1H Q L14 N86"16'38"E 481.96' At DATE:03/25/2025
INV:697] L15 S56'5439'E 333.36'
\ 24°CPP G.NTAYLOR,NORTH CAROLINA PRO ZONAL LAND SURVEYOR#L-3729
\' INV:695.4 L16 S77'4208E 29.58' POINTT TOTO P POINT LAND SURVEYORS,INC.
LI7 N40'4241W 274.03'
THIS MAP MAY NOT BE A CER SURVEY AND HAS NOT BEEN REVIEWED BY A
L18 N51 0055"E 20.00' LOCAL GOVERNMENT AGENCY FOROR COMPLIANCE WITH ANY APPLICABLE LAND
COMPLIANCE
� NV-6 55 P' J�.\� L19 S40'4248'E 252.08' DEVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH
INV 6955 G \ m,
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18"RCP fA 1 ���V"+� L21 S49'1236" 20.00
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SPECIFIC PURPOSE SURVEY PREPARED FOR:
—
L4N,--_ ---_�
v\ -----
PER 101 PG 85
Be — — _ \ _—�_l •,/�•TrCo
PER Be PC 134 — � Aw/� o�x eYV lr
9 a1 k TOWERCO IV HOLDINGS,LLC
5000 V LLEYSTONE DRIVE SUITE 200 GARY NO 27519
KENION RD
SITE NO. NCO326
t SWELL X CEDAR GROVE TOWNSHIP,
ORANGE COUNTY,NORTH CAROLINA
GAT
LEGEND \
PoB POINr OF BEGINNING
MC POINr OF COMMENCEMENT DETAIL VIEW -
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LEASE AREA TITLE EXCEPTIONS
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN CEDAR GROVE TOWNSHIP,ORANGE COUNTY,NORTH CAROLINA,AND BEING A THIS SURVEY WAS COMPLETED WITH THE AID OF TITLE WORK PREPARED BY U.S.TITLE SOLUTIONS,REPORT DATE BEING APRIL 3,2024,BEING HEREBY CERTIFY THAT THIS MAP IS CORRECT AND WAS DRAWN UNDER MY
PORTION OF THE LANDS OF ORANGE COUNTY,NORTH CAROLINA,AS RECORDED IN DEED BOOK 4209,PAGE 385,ORANGE COUNTY FILE N0.UST77389, FOR THE PARENT PARCEL,TO DETERMINE THE IMPACTS OF EXISTING TITLE EXCEPTIONS. DIRECT SUPERVISION_ANY VISIBLE ENCROACHMENTS ARE SHOWN HEREON.
RECORDS,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
5.1 MEMORANDUM OF LEASE BETWEEN ORANGE COUNTY,NORTH CAROLINA AND AMERICAN TOWERS LLC,A DELAWARE LIMITED LIABILITY
TO FIND THE POINT OF BEGINNING,COMMENCE AT A 1.5-INCH OPEN TOP PIPE FOUND AT THE SOUTHEAST CORNER OF SAID ORANGE COMPANY,DATED OCTOBER 17,2013,RECORDED FEBRUARY 18,2015,IN BOOK 5908,PAGE 420. DATE:03/25/2025
COUNTY LANDS,SAID 1/5-INCH OPEN TOP PIPE HAVING A NORTH CAROLINA,NAD83 VALUE OF N=870004.1732,E=1965657.5682;THENCE G.DARRELL TAYLOR,NORTH CAROLINA PRO ZONAL LAND SURVEYOR�L-3729
RUNNING ALONG A TIE LINE,NORTH 53-56'35'WEST,269.86 FEET TO A POINT AND THE TRUE POINT OF BEGINNING,THENCE,NORTH [THIS ITEM IS NOT APPLICABLE TO THE PARENT PARCEL. THIS ITEM HAS BEEN TERMINATED BY DB 6857,PAGE 1201.]
77'4207"WEST,120.00 FEET TO A POINT;THENCE,NORTH 12'17'53"EAST,160.00 FEET TO A POINT;THENCE,SOUTH 77'42'07"EAST, POINT TO POINT LAND
SURVEYORS,INC.
120.00 FEET TO A POINT;THENCE,SOUTH 12°17'53"WEST,160.00 FEET TO A POINT AND THE POINT OF BEGINNING. 5.2 MEMORANDUM OF LEASE BETWEEN ORANGE COUNTY,NORTH CAROLINA AND AMERICAN TOWERS LLC,A DELAWARE LIMITED LIABILITY
COMPANY,DATED OCTOBER 13,2013,RECORDED NOVEMBER 13,2013,IN BOOK 5718,PAGE 492. THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A
BEARINGS BASED ON NORTH CAROLINA GRID NORTH,NAD83, LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLELAND
[THIS ITEM IS NOT APPLICABLE TO THE PARENT PARCEL. THIS ITEM HAS BEEN TERMINATED BY BE 6857,PAGE 1201.1 DEVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH
SAID TRACT CONTAINS 0.4408 ACRES(19,200 SQUARE FEET),MORE OR LESS. RECORDING REQUIREMENTS FOR PLATS.
SO PROPERTY SURVEYED FOR ORANGE COUNTY SOLID WASTE MANAGEMENT RECORDED JANUARY 31,2007,IN BOOK 101,PAGE 85.
*SPECIFIC PURPOSE SURVEY PREPARED BY:
[THIS ITEM IS APPLICABLE TO THE PARENT PARCEL,LEASE AREA&30'ACCESS&UTILITY EASEMENT;PLOTTABLE ITEMS ARE SHOWN
HEREON]
5.4 RECOMBINATION OF PROPERTY OF IRA R.WAGNER AND L.W.CRABTREE RECORDED MARCH 18,1988,IN BOOK 49,PACE 134. •
40' ACCESS & UTILITY EASEMENT NOTES:PLEASE SEE RELATED DOCUMENT BELOW.
TOGETHER WITH A 40-FOOT WIDE ACCESS&UTILITY EASEMENT,LYING AND BEING IN CEDAR GROVE TOWNSHIP,ORANGE COUNTY,NORTH 1.PUBUC NOTICE OF MERGE RECORDED IN BOOK 713,PAGE 275. .,
CARINA,AND BEING A PORTION OF THE LANDS OF ORANGE COUNTY,NORTH CAROLINA,AS RECORDED IN DEED BOOK 4209,PAGE
OLTHIS ITEM IS APPLICABLE TO THE PARENT PARCEL AND PLOTTABLE ITEMS ARE SHOWN HEREON.]
385,ORANGE COUNTY RECORDS,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: [
TO FIND THE POINT OF BEGINNING,COMMENCE AT A 1.5-INCH OPEN TOP PIPE FOUND AT THE SOUTHEAST CORNER OF SAID ORANGE 5.5 PIEDMONT PROVISION COMPANY INC.PROPERTY CEDAR GROVE TOWNSHIP ORANGE COUNTY,NORTH CAROLINA RECORDED APRIL 12,1965,
COUNTY LANDS,SAID 1/5-INCH OPEN TOP PIPE HAVING A NORTH CAROLINA,NAD83 VALUE OF N=870804 1732,E=1965657.5682, IN BOOK 14,PAGE 89.
THENCE RUNNING ALONG A HE LINE,NORTH 53'56 35'WEST,269.86 FEET TO A POINT ON THE LEASE AREA;THENCE RUNNING ALONG hIIS ITEM IS APPLICABLE 10 THE PARENT PARCEL HOWEVER THIS PLAT HAS BEEN SUPERSEDED BY PLAT BOOK 101,PAGE 05,ORANGE
SAID LEASE AREA,NORTH 77'42'07"WEST,120.00 FEET TO A POINT;THENCE,NORTH 12'17 53°EAST,25 38 FEET TO A POINT AND COUNTY RECORDS WHICH HAS RECONFIGURED AND UPDATED THE PARENT PARCEL AND ITS BOUNDARIES AS SHOWN HEREON]
P2p
THE TRUE POINT OF BEGINNING;THENCE LEAVING SAID LEASE AREA AND RUNNING,NORTH 77'42'07"WEST,40.00 FEET TO A POINT;
THENCE,NORTH 12'1753'EAST,61.17 FEET TO A POINT;THENCE,NORTH 56'54'39'WEST,32409 FEET TO A POINT;THENCE,SOUTH ,
86'1638"WEST,455.24 FEET TO A POINT;THENCE,SOUTH 49'12'36"WEST,80.48 FEET TO A POINT;THENCE,NORTH 40'4705 WEST 5.6 PROPERTY OF G.C.KENNEDY RECORDED JULY 27,1957,IN BOOK 6,PAGE 95. ,
315.60 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF NORTH CAROLINA STATE ROUTE 1001,ALSO KNOWN AS WALNUT THIS ITEM IS APPLICABLE TO THE PARENT PARCEL HOWEVER THIS PLAT HAS BEEN SUPERSEDED BY PLAT BOOK 101,PAGE B5,ORANGE
GROVE CHURCH ROAD(HAVING A 60-FOOT WIDE PUBLIC RIGHT-OF-WAY);THENCE RUNNING ALONG SAID SOUTHERLY RIGHT-OF-WAY COUNT'RECORDS WHICH HAS RECONFIGURED AN UPDATED THE PARENT PARCEL AND ITS BOUNDARIES AS SHOWN HEREON.]
LINE.NORTH 51'00'55"EAST,40,02 FEET TO A POINT;THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE AND RUNNINGS SOUTH
40'47'05'EAST,274.34 FEET TO A POINT;THENCE,NORTH 49'12'36'EAST,53.88 FEET TO A POINT;THENCE,NORTH 86'16 38'EAST,
481.96 FEET TO A POINT;THENCE,SOUTH 56'54'39"EAST,333.36 FEET TO A POINT;THENCE,SOUTH 77'42%8°EAST,29.58 FEET TO Flim LIGEDSe Number: C-4145
A POINT ON THE LEASE AREA;THENCE RUNNING ALONG SAID LEASE AREA,SOUTH 12'17'53"WEST,100.00 FEET TO A POINT AND THE 66 Governors Trace, Ste. 63
POINT OF BEGINNING.
BEARINGS BASED ON NORTH CAROLINA GRID NORTH.NAD83. Peachtree City, GA 36269
p) 678.565.4440 (f) 678.565.4497 (w) p2pls com
SAID EASEMENT CONTAINS 1.1519 ACRES(50,177 SOUARE FEET),MORE OR LESS,
SPECIFIC PURPOSE SURVEY PREPARED FOR:
0 ToweTCo
20' UTILITY EASEMENT PARENT PARCEL
TOWERCO IV HOLDINGS,LLC
TOGETHER WITH A 20-FOOT WIDE UTILITY EASEMENT,LYING AND BEING IN CEDAR GROVE TOWNSHIP,ORANGE COUNTY,NORTH (PER FILE NO. UST77389) 5000 V LLEYSTONE DRIVE SUITE 200 GARY NC 27519
CAROLINA,AND BEING A PORTION OF THE LANDS OF ORANGE COUNTY,NORTH CAROLINA,AS RECORDED IN DEED BOOK TOTAL(
4209,PAGE 385,ORANGE COUNTY RECORDS,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: NS DE R/W)ACCORDING EI G ALL OF THAT TTO PLATAIN O OF O SURVEY SBYS MML OF R CONSULTING NGICONTAINING 18.1 3NEERS,ACRESIT LD WDRK9PERFORMED DECEMB9 ACRES OUTSIDE ER 29,2006 AND 0.14 K ENIO N PD
TO FIND THE POINT OF BEGINNING,COMMENCE AT A 1 5-INCH OPEN TOP PIPE FOUND AT THE SOUTHEAST CORNER OF SAID ENTITLED PROPERTY SURVEYED FOR ORANGE COUNTY SOLID WASTE MANAGEMENT'AND BEING DULY RECORDED AT PLAT BOOK 101,PAGE
ORANGE COUNTY LANDS,SAID 1/5-INCH OPEN TOP PIPE HAVING A NORTH CAROLINA,NAD83 VALUE OF N=870804.1732, 85,ORANGE COUNTY REGISTRY,WHICH IS HEREBY INCORPORATED BY REFERENCE SITE NO. N CO3 2 6
E=1965657.5682;THENCE RUNNING ALONG A TIE LINE,NORTH 53'5635"WEST,269.86 FEET TO A POINT ON THE LEASE CEDAR GROVE TOWNSHIP,
AREA;THENCE RUNNING ALONG SAID LEASE AREA,NORTH 77'42'07°WEST,120.00 FEET TO A POINT;THENCE NORTH A METES AND BOUNDS DESCRIPTION IS AS FOLLOWS. ORANGE COUNTY,NORTH CAROLINA
12'17'53"EAST,25.38 FEEL TO A POINT;THENCE LEAVING SAID LEASE AREA AND RUNNING,NORTH 77'42'07'WEST,40.00
FEET TO A POINT;THENCE,NORTH 12'17'53'EAST,61.17 FEEL TO A POINT;THENCE,NORTH 56'54'39'WEST,324.09 FEET BEGINNING AT AN EXISTING MONUMENT FOUND,SAID MONUMENT BEING LOCATED S 64'23 15'E 345.89'FROM GPS CONTROL POINT"A"
TO A POINT;THENCE,SOUTH PYLE,38"WEST,455.24 FEET TO A POINT;THENCE,SOUTH 49'12'36'WEST,8048 FEET TO A (N=870953.681 FEET AND E=1965345.617 FEET);THENCE FROM SAID BEGINNING POINT N 87°30'43"W 135779'TO AN EXISTING
POINT;THENCE,NORTH 40'47'05"WEST,315.60 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF NORTH MONUMENT;THENCE N 12°27'28"W 250.90'TO AN EXISTING MONUMENT;THENCE N 12°23'48"W 223,75'TO AN EXISTING
CAROLINA STATE ROUTE 1001,ALSO KNOWN AS WALNUT GROVE CHURCH ROAD(HAVING A 60-FOOT WIDE PUBLIC MONUMENT(CONTROL CORNER),SAID MONUMENT LYING ON THE SOUTHERN RIGHT-OF-WAY LINE OF WALNUT GROVE CHURCH ROAD
RIGHT-OF-WAY);THENCE RUNNING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE,NORTH 51'0055°EAST.40.02 FEET TO A (E%ISTINO 60 PUBLIC ROW,SR 1001),THENCE N 12°23'48"W 32,85'TO A MATHEMATICAL POINT,SAID MATHEMATICAL POINT LYING ON
POINT;THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY UNE AND RUNNING,SOUTH 40'47'05"EAST,274.34 FEET TOA '1HE CENTERLINE OF SAID WALNUT GROVE CHURCH ROAD;THENCE ALONG AND WITH THE CENTERLINE OF SAID ROAD,N 50°53'35"E
POINT,THENCE,NORTH 49'12'36"EAST,9.61 FEET TO A POINT AND THE TRUE POINT OF BEGINNING;THENCE,NORTH 19557'TO A MATHEMATICAL POINT;THENCE S 40°47'05"E 29.84'TO AN EXISTING MONUMENT;THENCE S 40°47'05"E 252.22'TO
40'42'41"WEST,274.03 FEET T0,A POINT ON SAID SOUTHERLY RIGHT-OF-WAY;THENCE ALONG SAID SOUTHERLY AN EXISTING MONUMENT;THENCE N 86°16'38"E 682.20'TO AN EXISTING MONUMENT;THENCE N 06°15'59"E 264.69'TO AN _
LINE OF SAID ORANGE COUNTY LANST 20.00 FEET TO A PIPE WITH NAIL SET FOUNDD ON THE3 NORTEHLEASSTEARLQINRTOONRTHE MONUNG MONUMENT;THENCE S 07°25'26'E 40 AN IS AN EXISTING MONUMENT;THENCE 5 00°45 15'E N2.36'TO AN EXISTING x
RIGHT-OF-WAY,NORTH 51'00'55 EAST (��T �`(� T�`I o,,
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40'42'48"EAST,252.08 FEET TO MONUMENT;THENCE S Oi°OS'46"E 421.18'i0 AN EXISTING MONUMENT,SND MONUMENT BEING THE POINT AND PLACE Of BEGINNING LEGAL DESCRIPTION O(. +'
46-FOOTH ACC &UTILIREBAR FOUND TY EASEMENT;THENCE ALONG SAID HENCE LEAVING SAL PROPERTY LEASEMENNT,SOUTHSOUTH 249*12'36"WEST,20.00 FEET TO A POINT LW
AND THE POINT OF BEGINNING, TITLE REVIEW SHEET _
BEARINGS BASED ON NORTH CAROLINA GRID NORTH,NAD83.
SAID EASEMENT CONTAINS 0.1256 ACRES(5,473 SQUARE FEET),MORE OR LESS.
NO. DATE REVISION DRAWN BY:REE SHEET:
1. 1 31 25 0 UTI SMT a
11 I'll CHECKED BY:JKL
3 APPROVED:D.MILLER
4.
3/25/25 0 ESMT SHIFTJE
DATE:JANUARY 14,2025 4
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