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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/� � 9 SEAL L-3729 D 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 O(PB 23 PG 116) RO eve S8726'13 E pe LOT na) q6 c�V � 407.76' ( � • Peo of /gee AID PF 3/a^om IPE 1.5'OTP S v a'eh V R°ev e\ Es FREELA CREDIT ID 956747347 ausr GENERAL NOTES y\9�p'L � PARCEL I0.9867417347 W 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) RC ..DF c GNSS NOTES ou oVERHEHO U F, REFERENCE:DEED BOOK 4209 PAGE 385 CPP CORRUD4TE0 PVSRC PIPE RCP REINFORCED COWCREIE PIPE THE FOLLOWING GNSS STATISTICS UPON WHICH THIS 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 D..M UNOERC,P TSR UINIIY IMT SURVEY NOT VALID WITHOUT ALL SHEETSW 9 �N CARp� ' CO CRETE VAULT WITH �Q�R'MT ESaI pNq`�iL9 CUBAN our LINE TABLE VALVE SEAL - UNE BEARING DISTANCE -_ L-3729 - Ll N77'42'07'W 120.00' �A P L2 N12'1753"E 160.00' C C, o �^ 57717'57'E 120.00 A ' Q L4 5121 ELL]'S3'W 16000' ELL L5 _ Ls N7742'o]"w 10.00' R rr L6 Ni 2'1753"E 61.17' 1 tr L7 N56'5439'14 324.09' LB ODIC 16'38'W 455.24' HEREBY CERTIFY THAT THIS MAP IS CORRECT AND WAS DRAWN UNDER MY A S49'12'36'1V 80.48' DIRECT SUPERVISION_ANY VISIBLE ENCROACHMENTS ARE SHOWN HEREON. 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' IPF 1"OT P L21 S49'12'361A 20.00' J6 • • PROPERTY LINE /J , 702 \ 4'WIRE FENCE JJR' _ X— 1 X�iX V � P2P \ = OLD TRACT LINE IPF 1.5"OTP ■ 'I PER PB 101 PG 85 �O� \--���� _ �' PER PB — \ s.a Firm License Number: C-4145 -- - 100 Governors Trace, Ste. 103 /p0G REF e9D (p) 678.565.44408t(f)678.565.4497City, 6 COG (w) p2pIS Com \ \\ � \S ,6E'8 SPECIFIC PURPOSE SURVEY PREPARED FOR: 40' ACCESS & UTILI'Y i EASEMENT '\ A - _ ; (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 DU DKRHFPD UTIUNg CPP CaRRUG-—11C v/PE BEARINGS ARE BASED ON NORTH CAROLINA GRID NORTH RCP REINFORCEDCUNCRETE PIPE lg CIF Cl—LINK FENCE —7--0 60 120 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 /� ° aKRNuO umm(INE 3Ll urrocwreou+m rzumuwuwDnmw uWE unun PALE APPROVED:D.MILLER o FO NDERCROUND FIBEROPBC UNE 4. 3 25 25 M i —G—G UNDERGRDUND GAS LINE \ • GI WIRE 7'W WR 5 ^�UNDERGRDUND SEWER LINE —E—uNDERGRDUND ELECTRIC UNE LIGHT PoLE DATE'JANUARY 14,2025 0 UNDERGROUND w U UNE BENCHMI.4K P2P JOB ;241524NC OF 4 MUS—uxxxowN uwxRGrourm uTxm L SURVEY NOT VALID WITHOUT ALL SHEETSW 10 / LINE TABLE N CAR�< d �O QAp4 E551 ON4 �. A � LINE BEARING DISTANCE C 9 X00 '07'W 120,00 'Y"N L2 wx47'C3'E 160.00 - SEAL - 0�(EPo S742'07E 120.60 = L-3729 L4 S12'17'53'W 160.00' L5 N77'42'07" 40.00' C p P Oh 6' EQ S'( P�t��Sl d L6 N12.17'53"E 61.17'L7 N56-54 39"W T V \� PBC �GQG_ w / L9 sas•1z'36" 4ao.0aa ea OgRRELL�P �0eo'VPCT �11 /� a VP�V��`EP Q2VQV0 /� IPE PIPE W/NAIL SET L10 N0.0'47'05" 31560 R L11 N51'0055"E 40.02' HEREBY CERTIFY THAT THIS MAP IS CORRECT AND WAS DRAWN UNDER MY 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, L20 540 42 40"E 21.37' RECORDING REQUIREMENTS FOR PLATS. 18"RCP fA 1 ���V"+� L21 S49'1236" 20.00 INV:697.4 PR \9 *SPECIFIC PURPOSE SURVEY PREPARED BY: 51GN HN SPEED E. , IPF 1"OTP VP� • 20' UTILITY EASEMENT + Q (RIGHTS TO BE ALYlUIRED) _______ _ P2P x $cV CONCRETE \ 40' ACCESSISLAND NTUTILITY *` (RIGHTS i0 BE ACQUIRED) 0 0 F 6 _ / Al / \ \\ Sd P6, O,9 \\ P OPE LINE __— 4 / , o -� "ar i A F CONCNISLAND g� \AV '\� T� \V A � 11 -�W� ' ' i 1 _ d � Firm License Number: C-4145 _— _ ES T 0 00 Governors Trace, ate 10 e — _-_ Peachtree City, GA 0269 - x -X =' -69� (p) 678.565.4440 (f) 678.565.4497 (w) p2pls.com 60� 69 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 - IPF IRON PIN FOUNR RB REBA4 OM OPEN TOP PIPE INV IN Fr EP EDGE OG PAW.511 A BC BACK OF CURB BASE POINT* W OVERHEAR UTWir `N CPP CORRUGATE)CLICHE PIPE RCP REINFORCE)CONCRETE PIPE CLF CHAIN LINK FENCE 30 0 60 120 HH HANOHOLE CA NONwCRaER EFPAUR LE r GRAPHICSCA ( 17R --my S : . 6' 1hU • SEWER CLEAN our N0. DATE REVISION %� eOLIARO e,0.F �x DRAWN BY:REE SHEET: UTILITY LEGEND . x x, x 1. 1 31 25 0 UTI SMT CHECKED BY:JKL ^ ❑T TELCO PEDESTAL i 2 3 25 JJ o eu—OVERHEAD UillJtt LINE OO'RIP unury POLE —io u RcRaurvo e RR Ic'uN ARIAN BUFFER 25 0 E' SHIFT APPROVED:D.MILLER GUY WIRE ANCH0.P —E—:: UNOERGROUNR CAS LINE (- ucHT POLE s uNBERGRourvR SLWER uNE DATE:JANUARY 14,2025 E—UNOERGRRry1..L RRII LINE o eENcnuARxLUG-1ui"rrk°iro rtROl>°Rr.realuRLuR,n w P2P JOB ;241524NC OF 4 SURVEY NOT VALID WITHOUT ALL SHEETSW 11 �N CARo�' , �Q� DT ESSI pN9`��9 i R SEAL - L-3729 �No CO.", o� �gRRELL SP1 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,, TO // -THENCE ALONG SAID PROPERTY LINE.SOUTN 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 P2P JOB ;241524NC OF 4 SURVEY NOT VALID WITHOUT ALL SHEETSW