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HomeMy WebLinkAboutCOM2021-00090 Final Antenna Upgrade - COM Permit / Conditions - 5/4/2022 Mason County I ' Mason County - Division of Community Development 615 W.Alder St. Bldg.8 ., Shelton,WA 98584 360-427-9670 ext 352 www.co.mason.wa.us FPROJECT 1-00090 NEW COMMERCIAL PERMIT ESCRIPTION:ANTENNA UPGRADE EXISTING TOWER ISSUED: 11/15/2021 ESS: 19943 E STATE ROUTE 3 ALLYN EXPIRES: 05/14/2022 PARCEL: 122172200032 APPLICANT: INFINIGY OWNER: MURPHY HEATHER 21806 Poplar Way 8909 49TH ST W Brier,WA98036- UNIVERSITY PLACE,WA98467 2062955926 OTHER: AMERICAN TOWER 10 PRESIDENTIAL WAY WOBURN, MA 01801 949-447-2303 VALUATIONS: FEES: Paid Due Project Valuation (BID, 20000.00 $20,000.00 Building Permit Fee $337.97 $0.00 ESTIMATION..) Plan Check Fee $219.68 $0.00 State Fee-Commercial $25.00 $0.00 Technology Surcharge $11.15 $0.00 Planning Commercial Review $380.00 $0.00 Fee Total: $20,000.00 Totals : $973.80 $0.00 REQUIRED INSPECTIONS BLD-Final Inspection CONDITIONS * By definition, propane tanks and heatpumps are structures,which must meet setback conditions. Please check your "Approved Site Plan"to ensure these structures meet the setback conditions listed. " Pressure treated wood manufactured after January 1, 2004 may contain high concentrations of copper which could quickly corrode metal fasteners, connectors, and flashing. Install metal connectors approved for contact with the new types of pressure treated material. Printed by:Genie Mcfarland on:11/15/2021 10:53 AM Page 1 of 3 P" Mason County Mason County - Division of Community Development 615 W.Alder St. Bldg.8 Shelton,WA 98584 360-427-9670 ext 352 www.co.mason.wa.us NEW COMMERCIAL PERMIT COM2021-00090 * Provisions for surface/subsurface drainage control must be implemented with new construction or development on site and MUST NOT adversely impact adjacent parcels. Under the requirements of Mason County Stormwater Ordinance, either private ditches and drains will meet requirements of the stormwater ordinance or prior approval will be granted to use an existing utility and drainage easement dedicated for that specific purpose. For further information regarding this ordinance and the REQUIREMENT to obtain an ACCESS PERMIT for the installation/construction of a driveway or access connecting from a Mason County Road, Contact the Mason County Public Works Department prior to construction at Ext 450. For any construction which is proposed to be located within 25' of a Mason County road right of way, it is suggested to contact that office to review future planned work which may affect your project. * All construction must meet or exceed all local and state ordinances in addition to the International Codes requirements as adopted and amended by Mason County and the State of Washington. Occupancy is limited to the approved and permitted classification. Any non-approved change of use or occupancy would result in permit revocation. * All property lines shall be clearly identified at the time of foundation inspection. * When parcel development requires direct access to state road(s), a Road Access Permit or Approval must be granted and approved by the Washington State Department of Transportation. For more information contact Washington State Department of Transportation, at(206)357-2620, ext. 630. * When parcel development requires direct access to county road(s), a Road Access Permit or Approval must be granted by the Mason County Department of Public Works. For more information contact Public Works, at(360)427-9670, ext. 450 or 100 W Public Works Dr. Shelton. The building permit will not be finaled until the permit holder can show proof that the access permit from Public Works has been finaled and approved. * All changes to"approved" building plans that effect compliance with the international codes as amended and adopted, or any other Mason County ordinance or regulation, must be reviewed and approved by Mason County prior to construction. * CONSTRUCTION PROCESS TO BE FIELD CORRECTED AS REQUIRED PER MASON COUNTY BUILDING DEPARTMENT AND THE ADOPTED BUILDING CODE. The construction of the permitted project is subject to inspections by the Mason County Building Department. All construction must be in conformance with the international codes as amended and adopted by Mason County. Any corrections, changes or alterations required by a Mason County Building Inspector shall be made prior to requesting additional inspections. * All surface water and potential runoff must be controlled on site and shall not adversely affect any adjacent properties nor increase the velocity flow entering or abutting to any state or county culverting/ditching system or road way. * The international code requires a fire apparatus access road for every facility, building, or portion of a building that is more than 150'from an approved access road. Roads are required to meet the minimum Mason County Fire Marshal standards for Fire Apparatus Access Roads up to the point where such roads connect with a county maintained public road or to another fire apparatus access road which connects to a county maintained public road. * All permits expire 180 days after permit issuance, or 180 days after the last inspection activity is performed. The Building Official may grant a one time extention of 180 days, upon the receipt of a written extension request prior to permit expiration. Letter must indicating that circumstances beyond the control of the permit holder preventing action from being taken. No more than one extension may be granted. * All RED stamped approved plans are required to be on-site for inspection purposes. If an inspection is called for and plans are not available on site,then approval will not be granted. In addition, a re-inspection fee (refer to current fee schedule, minimum 1 hour)will be charged and must be collected by the Building Department prior to any further inspections being performed or approvals granted. * All building permits shall have a final inspection performed and approved by Mason County Building Department prior to permit expiration.The failure to request a final inspection or to obtain approval will be documented in the legal property records on file with Mason County as being non-compliant with Mason County ordinances and building regulations. Printed by:Genie Mcfarland on:11/15/2021 10:53 AM Page 2 of 3 Mason County Mason County - Division of Community Development `J� 2 615 W.Alder St. Bldg.8 Shelton,WA 98584 360-427-9670 ext 352 www.co.mason.wa.us NEW COMMERCIAL PERMIT COM2021-00090 * The stamped approved site plan is required to be on-site for inspection purposes. If an inspection is requested and the approved site plan is not on site, approval will not be granted. In addition, a re-inspection fee (refer to current fee schedule, minimum 1 hour)will be charged and shall be collected by the Building Department prior to any further inspections being performed or approvals granted. * Owner/Agent is responsible to post the assigned address and/or purchase and post private road signs in accordance with Mason County Title 14.28 and 14.17. * WIND LOADS- Roof coverings shall be designed and tested to withstand the maximum basic wind speed. The basic wind speed for Mason County is 85 MPH. " REQUIREMENTS FOR ROOF COVERINGS. Roof coverings shall be applied in accordance with the applicable provisions of the current code and the manufacturer's installation instructions. A drip edge shall be provided at eaves and gables of shingle roofs. ' The foundation/footing must be placed on undisturbed, firm-native soil. Concrete encased grounding electrodes must be installed and used at each new building or structure that is built upon a permanent concrete foundation. In Mason County the electrical code is regulated by Washington State Department of Labor & Industries(L&I). For more information contact L&I for additional information. In Olympia call (360)902-6350 and in Bremerton call (360)415- 4000. * Contractor registration laws are governed under RCW 18.27 and enforced by the WA State Dept of Labor and Industries, Contractor Compliance Division.There are potential risks and monetary liabilities to the homeowner for using an unregistered contractor. Further information can be obtained at 1-800-647-0982. The person signing this condition is either the homeowner, agent for the owner or a registered contractor according to WA state law. * Approved per dimensions and setbacks on submitted site plan. Setbacks are measured from the furthest projection of the structure. * Application acknowledges that the structure is only permitted for a use consistent with the current zoning of the parcel. hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of Laws and Ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any other state/local law regulating construction or the performance of construction. Issued By: U—) Contractor or Autho ' d Agen . �OE Date: Printed by:Genie Mcfarland on:11/15/2021 10:53 AM Page 3 of 3 MASON COUNTY 615 W.Alder St.Bldg 8,SHELTON,WA 98584 COMMUNITY SERVICES SHELTON:360-427-9670,EXT 352 BELFAIR:360-275-4467,EXT 352 Building,Planning,Environmentaltle lth,Community Healdi ELMA:360-482-5269,EXT 352 www.co.mason.wa.us INSPECTION CARD AND CERTIFICATE OF OCCUPANCY" To schedule an inspection call or visit http://www.co.mason.wa.us/community-services/bid-inspection.php Permit Number COM2021-00090 Date Issued 11/15/2021 Issued By Project ANTENNA UPGRADE EXISTING TOWER Site Address 19943 E State Route 3 t�C/ Applicant INFINIGY Contractor Contractor Phone Primary Code UPC IBC,IRC,IFC,IEC,IMC,& Type Permit Type NEW COMMERCIAL PERMIT Occupancy -APPROVED PLANS MUST BE ONSITE FOR ALL INSPECTIONS. -DO NOT PROCEED BEYOND EACH STAGE OR COVER WORK UNTIL APPROVAL IS GRANTED. -THIS CARD MUST BE POSTED IN A CONSPICUOUS LOCATION,FRONT OF THE PREMISES IS BEST FOR MAKING ENTRY. -ALL PERMITS EXPIRE 180 DAYS AFTER THE PERMIT IS ISSUED OR 180 DAYS AFTER DATE OF LAST INSPECTION. -OWNER/AGENT IS RESPONSIBLE FOR REQUESTING ALL INSPECTIONS THROUGH FINAL INSPECTION. **THIS STRUCTURE MAY NOT BE USED OR OCCUPIED UNTIL ALL APPROVALS ARE GRANTED.** PRIOR TO CALLING FOR FINAL INSPECTION,ALL CONDITIONS OF THE PERMIT MUST BE MET Public Works Access/Driveway Other Health Septic Well Deptartment Planning Site Inspection Department Fire Marshall Fire Apparatus Access Fire Sprinkler Auto Fire Alarm Hood and Duct Other Final Building Department Building Official: Community Services Designee Concrete Setbacks Slab Footing Perimeter Point load Footing Footing Interior Footing Decks/Porches Foundation Stem Walls Other Rough-In Groundwork Plumbing Framing Groundwork Mechanical Plumbing Groundwork Gas Pipe Mechanical Gas Piping Shear Wall Nailing Underfloor Other Insulation Slab Ceiling Floor Vaulted Ceiling Walls Vapor Barrier Other Wallboard Interior Wall Brace Panels Fire Walls Nailing Other Final Building Manufactured Setbacks Setup Home Concrete Foot/Runners Final Other MASON COUNTY COMMUNITY SERVICES Permit No: 6r*n 0202 000�v PERMIT ASSISTANCE CENTER: RECEIVED -BUILDING-PLANNING-PUBLIC HEALTH-FIRE MARSHAL 615 W.Alder Street,Shelton,WA 98584 Phone Shelton:(360)427-9670 ext.352•Fax:(360)427-7798 Phone ` BeBair.(360)275.4467•Phone Elma:(360)482-5269 UL I _ 6 2021 BUILDING PERMIT APPLICATIONAIder Street -auPROPERTYeOWNER INFORMATION: CONTRACTOR INFORMATION: DING NAME: HEATHER MURPHY clo American Tower LLC NAME: TBD MAILING ADDRESS: 10 Presidential Way MAILING ADDRESS: CITY: Woburn STATE: MA ZIP: 01810 CITY: STATE: ZIP: PHONE#I: 949-447-2303 PHONE: CELL: PHONE#2: EMAIL: EMAIL: tiffany.oretty0b-americantower.com L&I REG# EXP. ! / PRIMARY CONTACT: OWNER❑ CONTRACTOR❑ OTHER❑X NAME Vinh Dinh-Infinigy on behalf of ATC and T-Mobile EMAIL vdinhft-infinigy.com MAILING ADDRESS 21806 Poplar Way CITY Brier STATE WA ZIP 98o36 PHONE CELL (206)295-5926 PARCEL INFORMATION: PARCEL NUMBER(12 Digit Number) 122172200032 ZONING RR10 LEGAL DESCRIPTION(Abbreviated) N 1/2 NW 1/4 EX ST R/W TR B SURVEY 9/137 FIRE DISTRICT SITE ADDRESS 19943 E State Route 3 CITY Allyn DIRECTIONS TO SITE ADDRESS IS THE PROJECT WITHIN 300 FT OF SLOPE(S)GREATER THAN 14%: YES❑ NO® SNOW LOAD:_psf IS PROPERTY WITHIN 200 FT OF THE FOLLOWING: (Check all that apply): SALTWATER❑ LAKE❑ RIVER/CREEK❑ POND❑ WETLAND❑ SEASONAL RUNOFF❑ STREAM❑ TYPE OF WORK: NEW❑ ADDITION❑ ALTERATION© REPAIR❑ OTHER ❑ USE OF STRUCTURE(Residence.Garage,Commercial Bldg.Etc.)Wireless telecommunication tower/facility IS USE: PRIMARY❑ SEASONAL❑ NUMBER OF BEDROOMS n/a NUMBER OF BATHROOMS n/a HEATED STRUCTURE? YES(Whole Bldg)❑ YES(Part(s]ofBtdg)❑ NO DESCRIBE WORK T-Mobile proposes to replace 3 antennas and 3 radios per plans SQUARE FOOTAGE:(proposed) 1ST FLOOR sq.ft. 2ND FLOOR sq,ft. 3RD FLOOR sq.ft. BASEMENT sq.ft. DECK sq.ft. COVERED DECK sq.ft. STORAGE sq.ft. OTHER sq.ft. GARAGE sq.ft. Attached❑ Detached❑ CARPORT sq.ft. Attached❑ Detached❑ MANUFACTURED HOME INFORMATION: *4 COPIES OF THE FLOOR PLAN REQUIRED* MAKE MODEL YEAR LENGTH WIDTH BEDROOMS BATHS SERIAL NUMBER ENVIRONMENTAL HEALTH: SEWAGE/SEWER SOURCE: SEPTIC❑ SEWER❑ / NEW❑ EXISTING❑ PLUMBING IN STRUCTURE? YES❑ NO® If yes,attach completed Water Adequacy Form PERIMETER/FOUNDATION DRAINS PROPOSED? YES❑ NO❑ EXISTING SQ.FT. EXISTING BEDROOMS PROPOSED BEDROOMS TOTAL BEDROOMS OWNER acknowledges that submission of inaccurate information may result in a stop work order or permit revocation.Acknowledgement of such is by signature below.I declare that I am the owner and I further declare that I am entitled to receive this permit and to do the work as proposed.I have obtained permission from all the necessary parties,including any easement holder or parties of interest regarding this project. The owner or legal representative,represents that the information provided is accurate and grants employees of Mason County access to the above described property and structure(s)for review and inspection. This permit/application becomes null&void if work or authorized construction is not commenced within 180 days or if construction work is suspended for a period of 180 days. PROOF OF CONTINUATION OF WORK ON THIS PERMIT IS BY MEANS OF INSPECTION. INACTIVITY OF THIS PERMIT APPLICATION OF 180 DAYS OF MORE WILL CAUSE THE APPLICATION TO BE EXPIRED.(MASON COUNTY CODE 14.08.42) **See Letter of Authorization X Tower 9.13.2021 Signature olarilNER(Must be sinned by the WNER) Date ower o:vner DEPARTMENTAL REVIEW APPROVED DATE DENIED DATE TAGS/NOTES/CONDITIONS BUILDING DEPARTMENT PLANNING DEPARTMENT FIRE MARSHAL PUBLIC HEALTH r INFINIGYo FROM ZERO TO INFINIGY the solutions are endless September 13, 2021 Mason County Community Services Permit Assistance Center 615 W Alder Street Shelton, WA 98584 RE: T-Mobile's equipment modification and upgrades Site Name: 310513 Allyn I SE06056A Address: 19943 East State Route 3, Allyn, Washington, 98524 Parcel #: 122172200032 Dear Mason County Community Services, Infinigy is representing American Tower Corporation (ATC) regarding T-Mobile's equipment modifications and upgrades on an existing tower at an existing wireless telecommunication facility refenced above. The Scope of Work Includes: • REMOVE (3) ANDREW- LNX-6515DS-Al M PANEL ANTENNAS • REMOVE (2) FXFC RRU AT ANTENNA LEVEL • REMOVE (1) SSC CABINET • RELOCATE (1) LEC ROUTER • INSTALL (3) AEHC PANEL ANTENNA • INSTALL (3) AHFIG RRUs AT ANTENNA LEVEL • INSTALL (1) NOKIA HCS 2.0 JUNCTION BOX AT GROUND LEVEL • INSTALL (2) ASIBs BASEBAND UNITS AT GROUND LEVEL • INSTALL (1) ASIK BASEBAND UNITS AT GROUND LEVEL • INSTALL (1) HCS 2.0 TRUNK 12#6AWG 24 SM FIBER PR • INSTALL (1) PENDANT BREAKOUT • INSTALL (1) GRIPSTRUT DIVING BOARD • INSTALL (1) VOLTAGE BOOSTER There will be no change in the existing tower height and there will be no expansion of the existing compound. Enclosed you will find: • (1) Signed Mason County Building Permit Application, (1) Perpetual Easement Agreement and (1) redacted land lease for proof of ownership (3) sets of 11X17 construction drawings with site plans and mount mods INFINIGYB • (2) sets of structural and mount calculations. Project valuation is $20,000. Once the fees have been determined, please send me an invoice via email and I will make payment arrangement with a credit card. Please let me know if you have any questions or need any additional information to process this permit. Thank you, Vinh Dinh Project Manager I INFINIGY m-(206)295-5926 vdinhC?infinigy.com INFINIGY .:, C�o�,� ���' �� P Site N No rthwest Market iii��� Sitc Name Ar WA0169-1 Site Number WA0168-1 UCA - s 2021 N N I N G OMMUNICATIONS SITE LEASE AGREEMENT GRO Roder Scree (Washington) ` 615 w This Lease Agreement ("Agreement") is entered into this �-day of 199�,, between Nextel West Corp.,a Delaware corporation,dba Nextel Conlmttrucations("Lessee"), and the John W. Murphy Trust("Lessor"). For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Premises. Lessor is the owner of a parcel of land(the "Land") located in the County of Mason, State of Washington, commonly known as Assessor's Parcel#12217-22-00032, The Land is more particularly described in Exhibit A annexed hereto. Lessor hereby leases to Lessee and Lessee leases from Lessor, approximately twenty- five hundred (2,500) square feet of the Land and all access and utility easements, if any, (the "Premises") as described in Exhibit B annexed hereto. 2. Use. The Premises may be used by Lessee for any activity in connection with the provision of communications services. Lessor agrees to cooperate with Lessee, at Lessee's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Lessee's intended use of the Premises. 3. Tests and Construction. Lessee shall have the right at any time following the full execution of this Agreement to enter upon the Land for the purpose of making appropriate engineering and boundary surveys, inspections, soil test borings, other reasonably necessary tests and constructing the Lessee Facilities (as defined in Paragraph 6(a)below). 4. Option to Lease:Term of Lease. Lessor grants to Lessee an option(the "Option")to lease the Premises, provided Lessee delivers to Lessor written notice that the lease shall commence the latter of the date of the notice or a date certain specified in the notice("Commencement Date"), which date shall be not later than August 1, 1999 (the"Expiration Date"). Upon a failure to deliver such notice on or before the Expiratio to this A rcement shall stand terminated. As consideration for the Option, Lessee shall pay the sum of for each six month period(or fractional part thereof), from the date of this Agreement to the Commencement Date. The term of the Lease shall be five(5)years commencing on the Commencement Date and terminating on the fifth (5') anniversary of the Commencement Date (the "Term") unless otherwise terminated as provided in Paragraph 10. Lessee shall have the right to extend the Term for five (5) successive five (5) year periods (the "Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of its intention not to renew prior to commencement of the succeeding Renewal Tenn. 5. Rent. (a) Within fifteen( s of-the Commencement Date and on the first day of each month thereafter, Lessee shall pay to Lessor as rent per month("Rent"). Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. Rent shall be payable to Lessor at 1717 150'Avenue SE,#24,Bellevue, WA 98007;Attention:John Murphy. (b) Extension-Term Rent. The base rent for each renewal term shall be increased by— _over the base rent for the previous rental period. (c) Lessee shall.pay Lessor a one time fee o as a signing bonus within fifteen days of the execution of this Agreement. Page 1 May 1997 2 Pacific Northwest Markei Site Name Allyn/Murphy Site Number WA0168-1 6. Facilities:Utilities:Access. (a) Lessee has the right to erect, maintain and operate on the Premises radio communications facilities, including without limitation an antenna tower or pole and foundation, utility lines, transmission lines, air conditioned equipment shelter(s), electronic equipment, radio transmitting and receiving antennas, supporting equipment and structures thereto ("Lessee Facilities"). In connection therewith, Lessee has the right to do all work necessary to prepare, maintain and alter the Premises for Lessee's business operations and to install transmission lines connecting the antennas to the transmitters and receivers. All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner. Title to the Lessee Facilities shall be held by Lessee. All of Lessee Facilities shall remain Lessee's personal property and are not fixtures. Lessee has the right to remove all Lessee Facilities at its sole expense on or before the expiration or earlier termination of the Agreement;provided,Lessee repairs any damage to the Premises caused by such removal. Upon termination of this Agreement, Lessee shall not be required to remove any foundation more than one(1)foot below grade level. (b) Lessee shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. Lessee shall have the right to draw electricity and other utilities from the existing utilities on the Land or obtain separate utility service from any utility company that will provide service to the Land sign such documents or (including a standby power generator for Lessee's exclusive use)_ Lessor agrees to easements as may be required by said utility companies to provide such service to the Premises, including the grant to Lessee or to the servicing utility company at no cost to the Lessee,of an easement in,over across or through the Land as required by such servicing utility company to provide utility services as provided herein. Any easement necessary for such power or other utilities will be at a location acceptable to Lessor and the servicing utility company. (c) Lessee, Lessee's employees, agents, subcontractors, lenders and invitees shall have access to the Premises without notice to Lessor twenty-four(24)hours a day,seven(7)days a week,at no charge. Lessor grants to Lessee, and its agents, employees, contractors, guests and invitees, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across that portion of the Land described in Exhibit B_ (d) Lessor shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Lessor shall be responsible for maintaining and repairing such roadway, at its sole expense, except for any damage caused by Lessee's use of such roadways. 7. Interference. (a) Lessee shall operate the Lessee Facilities in a manner that will not cause interference to Lessor and other lessees or licensees of the Land,provided that their installations predate that of the Lessee Facilities. All operations by Lessee shall be in compliance with all Federal Communications Commission("FCC")requirements. (b) Subsequent to the installation of the Lessee Facilities,Lessor shall not permit itself, its lessees or licensees to install new equipment on the Land or property contiguous thereto owned or controlled by Lessor, if such equipment is likely to cause interference with Lessee's operations. Such interference shall be deemed a material breach by Lessor. In the event interference occurs, Lessor agrees to take all reasonable steps necessary to eliminate such interference, in a reasonable time period. g, Taxes. If personal property taxes are assessed, Lessee shall pay any portion of such taxes directly attributable to the Lessee Facilities. Lessor shall pay all real property taxes,assessments and deferred taxes on the Land. 9. Waiver of Lessor's Lien. Page 2 May 1997 Pacific Northwest Market Site Name Allyn/Murphy Site Number WA0168-1 (a) Lessor waives any lien fights it may have concerning the Lessee Facilities which are deemed Lessee's personal property and not fixtures, and Lessee has the right to remove the same at any time without Lessor's consent. (b) Lessor acknowledges that Lessee has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Lessee Facilities (the "Collateral") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Lessor(i)consents to the installation of the Collateral;(ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 10. Termination. This Agreement may be terminated without further liability on thirty(30)days prior written notice as follows: (i)by either party upon a default of any covenant or term hereof by the other party,which default is not cured within sixty (60) days of receipt of written notice of default, provided that the grace period for any monetary default is ten (10)days from receipt of notice; or(ii) by Lessee for any reason or for no reason, provided Lessee delivers written notice of early termination to Lessor no later than thirty (30) days prior to the Commencement Date; or (iii) by Lessee if it does not obtain or maintain any license, permit or other approval necessary for the construction and operation of Lessee Facilities; or(iv)by Lessee if Lessee is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in frequencies; or (v) by Lessee if Lessee determines that the Premises are not appropriate for its operations for economic or technological reasons, including,without limitation, signal interference. 11. Destruction or Condemnation. If the Premises or Lessee Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Lessee may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Lessor no more than forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation_ If Lessee chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises. 12. Insurance- Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Premises and on the Lessee Facilities, bodily iniury and property damage insurance with a combined single limit of at least_ per occurrence. Such insurance shall insure, on an occurrence basis, lity o Lessee, its employees against all liabi and agents arising out of or in connection with Lessee's use of the Premises, all as provided for herein. Lessor shall be named as an additional insured on Lessee's policy. Lessee shall provide to Lessor a certificate of insurance evidencing the coverage required by this paragraph within thirty (30) days of the Commencement Date. 13. Waiver of Subrogation. Lessor and Lessee release each other and their respective principals, employees, representatives and agents, from any claims for damage to any person or to the Premises or to the Lessee Facilities thereon caused by, or that result from, risks insured against under any insurance policies carried by the parties and in force at the time of any such damage. Lessor and Lessee shall cause each insurance policy obtained by them to provide that the insurance company waives all right of recovery by way of subrogation against the other in connection with any damage covered by any policy. Neither Lessor nor Lessee shall be liable to the other for any damage caused by fire or any of the risks insured against under any insurance policy required by Paragraph 12. 14. Assignment and Subletting. Lessee may not assign,or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Lessor; provided, however, that Lessee may assi n its interest to its parent company,any subsidiary or affiliate or to any successor-in-interest or entity acquiring or more of its stock or assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Paragraph 9 above. Lessor may assign this Agreement upon written notice to Lessee, subject to the assignee assuming all of Lessor's obligations 1-;rein, including but not limited to, those set forth in Paragraph 9 above, and Lessee may sublet or license all or any portion of the Premises to one or more entities for Page 3 May 1997 s Pacific Northwest Market Site Name Allyn/Murphy Site Number WA0168-1 communications uses only, without Lessor's consent. Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Lessee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or(iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 15. Warranty of Title and Quiet Enjoyment Lessor warrants that: (i) Lessor owns the Land in fee simple and has rights of access thereto and the Land is free and clear of all liens,encumbrances and restrictions;(ii)Lessor has full right to make and perform this Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the terms,covenants and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Premises. Lessor agrees to indemnify and hold harmless Lessee from any and all claims on Lessee's leasehold interest. 16. Repairs. Lessee shall not be required to make any repairs to the Premises or Land unless such repairs shall be necessitated by reason of the default or neglect of Lessee. Except as set forth in Paragraph 6(a) above, upon expiration or termination hereof, Lessee shall restore the Premises to the condition in which it existed upon execution hereof,reasonable wear and tear and loss by casualty or other causes beyond Lessee's control excepted. 17. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any law or regulation. Lessor represents, warrants and agrees(1)that neither Lessor nor,to Lessor's knowledge,any third party has used,generated,stored or disposed of, or permitted the use,generation,storage or disposal of,any Hazardous Material(defined below)on,tender,about or within the Land in violation of any law or regulation, and (2) that Lessor will not, and will not permit any third party to use,generate,store or dispose of any Hazardous Material on,under,about or within the Land in violation of any law or regulation. Lessor and Lessee each agree to defend, indemnify and hold harmless the other and the other's partners,affiliates,agents and employees against any and all losses,liabilities,claims and/or costs(including reasonable attorney's fees and costs) arising from any breach of any representation, warranty or agreement contained in this paragraph. As used in this paragraph, "Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance known by the state in which the Land is located to cause cancer and/or reproductive toxicity, and/or any substance,chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. This paragraph shall survive the termination of this Agreement. 18. Miscellaneous. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) If any provision of this Agreement is invalid or unenforceable with respect to any patty, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (c) This Agreement -shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. (d) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested,or reliable overnight courier to the address of the respective parties set forth below: Page 4 May 1997 Pacific Northwest Market Site Name Allyn/Murphy Site Number WA0168-1 Lessee: Nextel West Corp. Lessor: John W. Murphy Trust dba Nextel Communications_ P.O_ Box 613 1750 1 12"Avenue NE, Suite C 100 Allyn, WA 98524 Bellevue, WA 98004 Attn.: System Development Manager With a copy to: Nextel West Corp. dba Nextel Communications 1750 1 12'Avenue NE, Suite C100 Bellevue, WA 98004 Arm.: Property Management and a copy to: Nextel West Corp. 1505 Farm Credit Drive McLean, VA 22102 Attn.: Legal Dept.,Contracts Manager Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt. (e) This Agreement shall be governed by the laws of the State of Washington. (f) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit C will be recorded by Lessee in the official records of the County where the Land is located. In the event the Land is encumbered by a mortgage or deed of trust, Lessor agrees to obtain and furnish to Lessee a non-disturbance and attomment instrument for each such mortgage or deed of trust. (g) Lessee may obtain title insurance on its interest in the Land. Lessor shall cooperate by executing documentation required by the title insurance company. (11) In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement,such party shall not unreasonably delay or withhold its approval or consent. (i) All Riders and Exhibits annexed hereto form material parts of this Agreement. (j) This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first above written. LESS L� ` _J--_2XZ, By: By: i Perry 5 erlee Vq-1lflurphy,Trustee Title: PNW President Date: Date: /O��'J/ l C! Tax ID#: 520-20-2173 Page 5 May 1997 Pacific Northwest Market Site Name Allyn/Murphy Site Number WA0169-1 ACKNOWLEDGI�V�'�NTS ALL SIGNATURES MUST BE ACKNOWLEDGED STATE OF Washington ) '/ ss. COUNTY OF The foregoing i ent was acjuiowledged before me this d y of 199_3 by of Nextel West Corp.,a Delaware corporation, dba Nextel Comm nications. WITNESS my hand and official seal,-"1`1`-'\j V. "74tary PubKc r Washington Residing at: ' - � My commission expires: 01`©cb o.e, q�aF,WASH��; STATE OF wA6H7nJ TVfQ ) ss_ COUNTY OF 7�►r`�C�� ) I certify that I know or have satisfactory evidence that-SCif"5 11�, YI~W a is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the'instrument,and acknowledged it as the -Tievsr1fE If -ID" 11). mN1et�1+�/TI2Ns�� to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 1997 Notary Public for ngton W Residing at: �- My appointment expires: �y Page 6 May 1997 Pacific Northwest Market Site Name Allyn/Murphy Site Number WA0168-I EXHIBIT A DESCRIPTION OF LAND to the Agreement dated 199_Z , by and between the John W. Murphy Trust, as Lessor, and Nextel West Corp.,a Delaware A6orporation,dba Nextel Communications, as Lessee. The Land is described and/or depicted as follows(metes and bounds description): PARCEL 1: ALL THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTH 820 FEET OF THE EAST 535 FEET OF THE WEST 1525 FEET OF THAT PART OF THE NORTHWEST QUARTER, SECTION 17, TOWNSHIP 22 NORTH, RANGE 1 WEST OF THE WILLAMgTTE MERIDIAN, LYING WESTERLY OF THE WESTERLY LINE OF THE STATE ROUTE NO. 3; EXCEPTING THAT PART, IF ANY, INCLUDED IN 100 FEET WIDE RIGHT—OF—WAY CONVEYED TO PENINSULA RAILWAY COMPANY BY DEED DATED NOVEMBER 28, 1890 AND RECORDED IF VOLUME U OF DEEDS, PAGE 133; AND EXCEPTING ALSO PUBLIC ROADS, IF ANY; WHICH LIES SOUTHERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE SOUTH 0'58.13" EAST ALONG THE WEST LINE OF SAID TRACT 310 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 89"26'38" EAST 130 FEET; THENCE SOUTH 31'08'28" EAST 230 FEET; THENCE NORTH 67"25109" EAST 308_48 FEET, MORE OR LESS, TO THE EAST LINE OF THE SAID TRACT AND THE TERMINUS OF SAID LINE. EXCEPT THAT PORTION DEEDED TO THE STATE OF WASHINGTON RECORDED MAY 13, 1993 UNDER AUDITOR'S FILE NO. 564736 (ALSO KNOWN AS LOT B OF SURVEY RECORDED UNDER AUDITOR'S FILE NO. 409449, RECORDS OF MASON COUNTZ, WASHINGTON. ) PARCEL 2 : TOGETHER WITH A 30 FOOT KON—EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND ACROSS THE SOUTH 30 FEET OF LOT A OF SURVEY RECORDED UNDER AUDITOR'S FILE NO. 409449, AND OVER, UNDER AND ACROSS THE EAST 30 FEET OF THE SOUTH 150 FEET OF SAID LOT A. , TAX PARCEL NO: 12217-22-00032 '►� Page 7 May 1997 Pack Northwest Market Site Name Allyr✓Murphy Site Number WA0168-1 EXHIBIT B DESCRIPTION OF PREMISES to the Agreement dated 199---7-, by and between the John W. Murphy Trust, as Lessor,and Nextel West Corp.,a Delaware corporation,dba Nextel Communications,as Lessee. The Premises are described and/or depicted as follows: Exhibit B attached(3 pages). Notes: 1.This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. 2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types,numbers,mounting positions may vary from what is shown above. Page 8 May 1997 EXHIBrr `er J HIGHWAY 3 - -- - - PROPERTY LINE EXISTING POWER a POLE I � � yGyc� EXISTING ACCESS yy'' �W ZONED RURAL RES. ROAD SLn DOWN► %o r IU 10 J i, PROPOSED 50'X50' LEASE b AREA; SEE SHEET 2 PROPERLY LDIE eq PROPOSED ROUTE OF POMIER AND 1ELCO EXISTING BUILDINGS 20'-0"1 o� so' too, ioa� ,ar ZONED GIRL SCOUT CAyp =rn PARCEL 1 12217-22-00032 ZONED : RURAL AREA NOTES: 1) PLAN SHOWN IS A GRAPHIC SITE PLAN - 1 OF 3 SITE NUMBER: WA0168-1 REPRESENTATION OF LEASE AREA. NLn I GL COMMUNICATIONS DAZE: OCT08ER 16, 97 2) THIS 'EXIXBIT B" MAY BE AµEWED OR ALLYN f MURPHY REV; t 1 ADDED TO AT ANY TIME. 19941 HIGHWAY 3, ALLYN, WA 98524 } OCTOBER 28, 97 D(NI91T w� ACCESS ROAD PROPOSED ROUTE OF 12'-0' 24" POMIER k TELCO PROPOSED PAD MWM D' PROPOSED 6' FENCE WRH IY eA,W WIRE AND 12' GATE ' r -- — — o- I a # PROPOSED CABLE BRIDGE WITH b ��+ L _. _ b TEST MOBILE ANTENNA MOUNTED tT M i ON TOP PROPOSED I15,20'' T t EQIAPM ENT SHELTER ' , PROPOSED MONOPOLE WITH (3) 0Li: I OMNM-INP ANTENNAS MOUNTED ON A PUITfORMi AT TOP b � 20'-IT 12'-0' 1'-0" r PROPOSED T (2) GM- SHELTER nP N TO� 50'-0 o, 4. V LEJ�SE AREA T NOTES:1} Pu+N sHarN Is a cRaPHlc ENLARGED SITE PLAN - 2 OF 3 SITE NUMBER: WA0168-1 REPRESENTATION OF LEASE AREA, NDGEL COMMUNICATIONS DATE: OCTOBER 16, 97 2) THS "EXHIBIT IT' MAY Of AMENDED OR ALLYN / MURPNY(OPtION 1 REV: (1) OCTOBER 28, 97 ADDED TO AT ANY TIME. 19941 HIGHWAY 3, ALLYN, WA 98524 DHIBI R� PROP06ED (3) OMM-imp M UMAS (RIP) ►- a� PROPOSED (3) MA ONNI ANTENNAS (DOWN) PROPOSED h MICRWVE DISH AT ON MONDIW NEW PROPOSED MONOPOLE PROPOSED " MICIINVE DISH � AT 60% MONDW FIGHT o A EXISIINC TREES TO REMAIN. TYP, PROPOSED EOIMPMENT SHELTER b CABL b PROPOSED E BRIDGE AM TEST MOBTLE ANTENNA 60 (2) CPS ANTENNAS PROPOSED 6' CHMN-W FENCE MOUNTED TO SHELTER m m a a b °z NOTES:PLAN SHOWN I$ A GRAPHIC NORTH ELEYV ATION - 3 OF 3 SITE NUMBER: WA0168-1 i) REPRESENTATION OF LEASE AREA. NIM COMMUNICATIONS DATE: OCTOBER 16, 97 2) THIS 'EXHIBIT if MAY DE AMENDED OR AIIYN / MURPHY REV: (1) OCTOBER 28, 97 ADDED TO AT ANY TIME. 19941 HIGHWAY 3, kM. WA 98524 Pacific Northwest Market Site Name Allyn/Murphy Site Number WA0168-1 EXHIBIT C MEMORANDUM OF AGREEMENT CLERK: Please return this document to: Nextel West Corp. dba Nextel Communications 1750 1 12'Avenue NE,Suite C 100 Bellevue,WA 98004 ATTN: System Development Manager This Memorandum of Agreement is entered into on this day of 199_, by and between the John W. Murphy Trust,with a residence at E 19941 Hwy. 3,Allyn WA 98524, (hereinafter referred to as "Lessor") and Nextel West Corp„ a Delaware corporation, dba Nextel Communications, with an office at 1750 112"Avenue NE,Suite C100,Bellevue,WA 98004(hereinafter referred to as"Lessee"). 1. Lessor and Lessee entered into a Communications Site Lease Agreement("Agreement")on the day of 199 , for the purpose of installing, operating and maintaining a radio communications facility and other improvements.All of the foregoing are set forth in the Agreement. 2. The term of the Agreement is for five (5)years commencing the latter of the date of the notice or a date certain specified in the notice ("Commencement Date"), which date shall be not later than August 1, 1999 (the "Expiration Date"), and terminating on the fifth anniversary of the Commencement Date with five(5)successive five(5)year options to renew. 3. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land being leased to Lessee(the"Premises")is described in Exhibit B annexed hereto. IN WITNESS WHEREOF,the parties have executed this Memorandum of Agreement as of the day and year first above written. LESSEE: LESSOR: By: X X X By: X X X Perry Satterlee John W.Murphy,Trustee Title: PNW President Date: X X X Date: X X X Page 9 May 1997 2104770 ' MASON CO WA 01/08/2019 10:02 RM ERS&WWEE Ilul6111M11111MNN 1 111111101111111111INII1111111111IIIIIF1111pi Fee E210 00 Pages lull Return Address: Fidelity National Title AFFIDA 7130 Glen Forest Drive WA R.E.EYG"E TAX Richmond VA 23226 JAN 0 7 2019 Ujulin Tnw,M"on,COWdy Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet RCW 65.04) Document Title(s)(or transactions contained therein):(all areas applicable to your document must be filled in) I. -Easement and Assignment Agre2nent 3. 4. Reference Number(s) of Documents assigned or released: Additional reference#'s on page of document No reference Grantor(s) Exactly as name(s)appear on document I.-Heather Murphy 2. Additional names on page of document. Grantee(s) Exactly as name(s)appear on document 1. American Tower Asset Sub, LLC 2. Additional names on page of document. Legal description(abbreviated: i.e.lot,block,plat or section,township,range) wiiia-c- - •.yan Mason gron - - Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number ❑Assessor Tax#not yet assigned 12217-22-00032 The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. "I am signing below and paying an additional$50 recording fee(as provided in RCW 36.18.010 and referred to as an emergency nonstandard document),because this document does not meet margin and formatti requirements.Furthermore,I hereby understand that the recording process may cover up or otherwis scure some part of tbt If t of the original document as a result of this request." Signature of Requesting Party Note to s miller:Do sig above n pay additional$50 fee if the document meets margin/formatting requirements Prepared by andi Rehw iac.._ Attorney Michael A.Saur,Land Management Site No:310513 AFTER RECORDING; RETURN TO: Site Name:Allyn Fidelity National Title Group c/o American Tower 7130 Glen Forest Dr., Ste, 300 10 Presidential Way Richmond, VA 23226 Woburn,MA 01801 Attn: (Recorder's Use Above this Line) STATE OF WASHINGTON Assessor's Parcel No.: 12217-22-00032 COUNTY OF MASON EASEMENT AND ASSIGNMENT AGREEMENT This Easement Agreement("Agreement")dated as of,AJLL*4r,- f?,201'4the"Effective Date"),by and between Heather Murphy("Grantor")and American Tower Asset Sub,U.C,a Delaware limited liability company("Grantee"). BACKGROUND Grantor is the owner of the real property described in Exhibit"A"attached hereto and by this reference made a part hereof(the"Premises"). Grantor desires to grant to Grantee certain easement rights with respect to the Premises,as more particularly described below,and subject to the terms and conditions of this Agreement. AGREEMENTS For and in consideration of the covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: 1. Grant of Easements. Grantor,for itself and its heirs,personal representatives,successors and assigns,hereby grants,bargains,sells,transfers and conveys to Grantee,its successors and/or assigns:(i)a perpetual,exclusive easement (the"Exclusive Easement")in and to that portion of the Premises more particularly described on Exhibit"B"attached hereto and by this reference made a part hereof(the "Exclusive Easement Area"); and (11) a perpetual, non-exclusive easement(the"Access and UN/ityEasement";the Exclusive Easement and Access and Utility Easement,collectively,the "Easements")in and to that portion of the Premises more particularly described on Exhibit"C"attached hereto and by this reference made a part hereof(the "Access and Utility Easement Area%the Access and Utility Easement Area and Exclusive Easement Area,collectively,the"Easement Areas"). The Easement Areas shall be used for the purposes set forth herein and shall expressly include that portion of the Premises upon which any of Grantee's fixtures,structures, equipment or other personal property are located as of the date of this Agreement. 2. Private Easement. Nothing in this Agreement shall be deemed to be a dedication of any portion of the Easement Areas for public use. All rights,easements and interests herein created are private and do not constitute a grant for public use or benefit. 1 Site No:310513 Site Name:Allyn p�� S 3. Successors Bound. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective heirs,personal representatives,lessees,successors and assigns. It is the intention of the parties hereto that all of the various rights,obligations,restrictions and easements created in this Agreement shall run with the affected lands and shall inure to the benefit of and be binding upon all future owners and lessees of the affected lands and all persons claiming any interest under them. 4. Duration. The duration of this Agreement and the Easements granted herein (the"Term")shall be perpetual, unless Grantee provides written,recordable notice of Grantee's intent to terminate this Agreement and the Easements described herein,in which event this Agreement,the Easements,and all obligations of Grantee hereunder shall terminate upon Grantee's recordation of any such notice. For the avoidance of doubt, Grantee may, in its sole and absolute discretion,unilaterally terminate this Agreement,the Easements,and all of Grantee's obligations hereunder without the approval of or consent of Grantor as provided in the immediately preceding sentence. 5. Abandonment. In the event Grantee,or its successors,abandons its use of the Easements,then Grantor,or its successors,may terminate this Agreement and the Easements conveyed herein by providing legally sufficient evidence of such abandonment and following such termination all right and title to the land constituting the Easement Areas shall revert back to Grantor. Abandonment shall be deemed to have occurred if neither Grantee nor any of its affiliates, customers,tenants,subtenants,employees or agents,use the EasementAreas in any manner(such use shall be construed broadly to include,but not be limited to,use of the tower for the broadcast and receipt of telecommunications signals, maintenance of the tower or the equipment located on the Exclusive Easement Area,or maintenance and/or upkeep of the Exclusive Easement Area)for a consecutive period of five(5)years,and,following the expiration of such five(5)year period, do not respond within forty-five (45) days of Grantee's receipt of written notice from Grantor asserting such abandonment. 6. Removal.Notwithstanding anything to the contrary contained herein,within 180 days of the termination of the Agreement as provided in this section, Grantee shall remove all of its communications equipment and other personal property from the Exclusive Easement Area, including the removal of any foundation to six(6)inches below grade, but not including underground utilities,if any,and shall restore,subject to the condemnation provisions set forth herein,the Exclusive Easement Area to its original condition,reasonable wear and tear excepted. 7. Easement Consideration. Grantor hereby acknowledges the receipt, contemporaneously with the execution hereof,of all consideration due hereunder. Accordingly,no additional consideration shall be due during the Term. 8. Use of Easement Areas. a. Exclusive Easement. The Exclusive Easement Area may be used by Grantee and any of its affiliates, customers, tenants, subtenants, lessees, licensees, successors, and/or assigns together with any of the employees,contractors,consultants,and/or agents of the foregoing(collectively,the"Permitted Parties") for the purposes of installing, constructing, maintaining,operating, modifying, repairing and/or replacing improvements, equipment, structures, fixtures, a communications tower, antennae and other personal property as Grantee may deem necessary or appropriate, which may be located on or in the Exclusive Easement Area from time to time,for the facilitation of communications and other related uses.The Grantee agrees to keep and maintain the Exclusive Easement in a commercially reasonable manner. Any such property,including any equipment,structures,fixtures and other personal property currently on or in the Exclusive Easement Area, shall not be deemed to be part of the Premises, but instead shall remain the property of Grantee or the applicable Permitted Parties. At any time during the Term and at any time within 180 days after the termination of this Agreement, Grantee and/or any applicable Permitted Parties may remove their equipment,structures,fixtures and other personal property from the Easement Areas. Grantee may make,without the consent or approval of Grantor,any improvements,alterations or modifications to the Exclusive Easement Area as are deemed appropriate by Grantee, in its sole and absolute discretion. Grantee shall have the unrestricted and exclusive right, exercisable without the consent or approval of Grantor,to lease,sublease,license,or sublicense any portion of the Exclusive Easement Area,but no such lease,sublease or license shall relieve or release Grantee from its obligations under this Agreement. Grantor shall not have the right to use the Exclusive Easement Area for any reason and shall not disturb Grantee's nor any Permitted Parties' right to use the Exclusive Easement Area in any manner. Grantee may, at Grantee's sole and exclusive option,construct a fence around all or any part of the Exclusive Easement Area and shall have the rightto prohibit anyone,including Grantor,from entry into such Exclusive Easement Area. Site No:310513 Site Name:Allyn b. Access and Utility Easement.The Access and Utility Easement shall be used by Grantee and the Permitted Parties for pedestrian and vehicular(including trucks)ingress and egress to and from the Exclusive Easement Area at all times during the Term on a seven(7)days per week,twenty-four(24)hours per day basis. Grantee shall have the non-exclusive right to construct,reconstruct,add,install,improve,enlarge,operate,maintain and remove overhead and underground utilities,including,without limitation,electric,fiber,water,gas,sewer,telephone,and data transmission lines(including wires,poles,guys,cables,conduits and appurtenant equipment)in,on,or under the Access and Utility Easement Area in order to connect the same to utility lines located in a publicly dedicated right of way. Notwithstanding the foregoing, Grantor shall not in any manner prevent,disturb,and/or limit access to the Access and Utility Easement Area or use of the Access and Utility Easement by Grantee or any of the Permitted Parties,and Grantor shall not utilize the Access and Utility Easement Area in any manner that interferes with Grantee's or any of the Permitted Parties'use of such area as expressly provided herein. In the event the Access and Utility Easement Area cannot, does not, or will not fully accommodate the access and utility needs of the Grantee during the Term,or if it is reasonably determined by Grantor or Grantee that any utilities that currently serve the Exclusive Easement Area are not encompassed within the description of the Access and Utility Easement Area as set forth herein, Grantor and Grantee agree to amend the description of the Access and Utility Easement Area provided herein to include the description of such areas and/or to relocate the Access and Utility Easement,for no additional consideration,and to create a revised legal description for the Access and Utility Easement Area that will reflect such relocation. The Access and Utility Easement and the rights granted herein with respect to the same shall be assignable by Grantee to any public or private utility company to further effect this provision without the consent or approval of Grantor. 9. Non-Compete. During the Term, Grantor shall not sell,transfer,grant, convey, lease, and/or license by deed, easement,lease,license or other legal instrument,an interest in and to,or the right to use or occupy any portion of the Premises or Grantor's contiguous,adjacent,adjoining or surrounding property to any person or entity directly or indirectly engaged in the business of owning,acquiring,operating,managing, investing in or leasing wireless telecommunications infrastructure(any such person or entity,a"Third Party Competitor'),without the prior written consent of Grantee,which may be withheld,conditioned,and/or delayed in Grantee's sole,reasonable discretion. 10. Assignment Grantee may assign this Agreement,in whole or in part,to any person or entity at anytime without the prior written consent or approval of,or notice to,Grantor,including,but not limited to,an affiliate of Grantee. If any such assignee agrees to assume all of the obligations of Grantee under this Agreement,then Grantee will be relieved of all of its obligations,duties and liabilities hereunder. 11. Covenants;Representations:Warranties. a. Grantor hereby represents and warrants to Grantee the following: (i)Grantor is the owner in fee simple of the Easement Areas,free and clear of all liens and encumbrances;(ii)Grantor has the full authority and power to enter into and perform its obligations under this Agreement, and, to the extent applicable, the person or persons executing this Agreement on behalf of Grantor have the authority to enter into and deliver this Agreement on behalf of Grantor;(iii)to the best of Grantor's knowledge,there is no condemnation proceeding pending or threatened against all or any portion of the Premises; (iv)no claim, litigation,proceeding,or investigation is pending or,to the best of Grantor's knowledge, threatened against Grantor or all or any portion of the Premises that could affect Grantee's use of the Easement Areas as contemplated herein;(v)Grantor has not filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by its creditors or suffered the appointment of a receiver to take possession of substantially all of its assets;(vi) to the best of Grantor's knowledge,the Premises is in compliance with all applicable laws, ordinances and regulations, including those governing Hazardous Materials (as defined below); (vii)to the best of Grantor's knowledge,there is no proceeding pending or threatened to change the zoning status of the Premises;(viii)Grantor is not indebted to any party, including,without limitation, any local or state or the federal government for which a lien or claim of lien has been or could be asserted against the all or any portion of the Premises;(ix)there are no leases, written or oral,affecting all or any portion of the Easement Areas, except for any agreements entered into between Grantee or its affiliates and third parties;(x)the Easement Areas do notconstitute or forma part of Grantor's homestead,or,in the event that the Easement Areas are located upon homestead property, then Grantor's spouse (if applicable) shall join in the execution of this Agreement; (xi)Grantor has paid all taxes,assessments,charges,fees,levies,impositions and other amounts relating to the Premises due and payable prior to the Effective Date;and(xii)Grantee shall peaceably and quietly hold,exercise,and enjoy the Easements during the Term without any hindrance,molestation or ejection by any party whomsoever. b. During the Term, Grantor shall pay when due all real property, personal property, and other taxes, fees and Site No:310513 Site Name:Allyn assessments attributable to the Premises,including the Easement Areas. Grantee hereby agrees to reimburse Grantor for any personal property taxes in addition to any increase in real property taxes levied against the Premises,to the extent both are directly attributable to Grantee's improvements on the Easements(but not,however,taxes or other assessments attributable to periods prior to the date of this Agreement), provided, however, that Grantor must fumish written documentation(the substance and form of which shall be reasonably satisfactory to Grantee)of such personal property taxes or real property tax increase to Grantee along with proof of payment of same by Grantor. Anything to the contrary notwithstanding, Grantee shall not be obligated to reimburse Grantor for any applicable taxes unless Grantor requests such reimbursement within one (1) year after the date such taxes became due. Grantor shall submit requests for reimbursement in writing to:American Tower Corporation,Attn:Landlord Relations, 10 Presidential Way, Woburn, MA 01801 unless otherwise directed by Grantee from time to time. Subject to the requirements set forth in this Section, Grantee shall make such reimbursement payment within forty-five (45) days of receipt of a written reimbursement request from Grantor. Grantee shall pay applicable personal property taxes directly to the local taxing authority to the extent such taxes are billed and sent directly by the taxing authority to Grantee. If Grantor fails to pay when due any taxes affecting the Premises as required herein, Grantee shall have the right, but not the obligation, to pay such taxes on Grantor s behalf and:(i)deduct the full amount of any such taxes paid by Grantee on Grantor's behalf from any future payments required to be made by Grantee to Grantor hereunder,(ii)and demand reimbursement from Grantor,which reimbursement payment Grantor shall make within ten (10) days of such demand by Grantee; and/or(iii) collect from Grantor any such tax payments made by Grantee on Grantor's behalf by any lawful means. C. Without Grantee's prior written consent,which consent may be withheld or conditioned in Grantee's sole and absolute discretion,Grantor shall not(i)cause any portion of the Easement Areas to be legally or otherwise subdivided from any master tract of which it is currently a part, or (ii) cause any portion of the Easement Areas to be separately assessed for tax purposes. d. Grantor shall not suffer,grant,create,transfer,or convey(or cause to be suffered,granted,created,transferred, or conveyed)any claim, lien, encumbrance,easement, interest, restriction or other charge or exception to title to the Easement Areas or any other portion of the Premises that would adversely affect Grantee's use of the Easement Areas as contemplated herein. e. Grantor shall not, and shall not permit any third party to use, generate, store, or dispose of any Hazardous Materials on, under, about,or within the Premises in violation of any Environmental Laws(as defined below). As used herein, "Hazardous Materials" shall mean any: contaminants, oils,asbestos, PCBs,hazardous substances,or wastes as defined by federal,state,or local environmental laws,regulations,or administrative orders or other materials the removal of which are required or the maintenance of which are prohibited or regulated by any federal,state,or local governmental authorities having jurisdiction over all or any portion of the Premises. As used herein,"Environmental Laws"shall mean any laws, regulations,ordinances,and/or administrative orders applicable to all or any portion of the Premises,which govern Hazardous Materials. f. Grantee shall not, and shall not permit any third party to use, generate, store, or dispose of any Hazardous Materials on,under,about,or within the Easement Areas in violation of any Environmental Laws. g. Grantor hereby agrees to and does indemnify and shall defend and hold harmless Grantee and its officers, directors,shareholders,agents,contractors,and attorneys for,from,and against all damages asserted against or incurred by any of them by reason of or resulting from a breach by Grantor of any representation,warranty or covenant of Grantor contained herein. h. The representations,warranties,covenants,agreements,and indemnities contained in this section shall survive the execution and delivery of this Agreement indefinitely. 12. Non-Disturbance. During the Term,Grantor will not improve or alter the Premises or grant,convey,transfer,or otherwise enter into any other easement,ground lease,lease,license,or similar agreement or contract with respect to any portion of the Premises if the same would interfere with, disturb, limit, or impair Grantee's permitted use of the EasementAreas. Grantor hereby acknowledges that Grantee and the Permitted Parties are currently utilizing the Exclusive Easement Area for the purpose of transmitting and receiving communication signals,including,but not limited to,wireless telecommunications signals. Grantor and Grantee recognize and acknowledge that Grantee's use of the Easement Areas set forth in this Agreement would be materially frustrated if the communications signals were blocked or otherwise interfered with,or if access and/or utilities to and from the Exclusive Easement Area were inhibited,even if temporarily. Site No:310513 Site Name:Allyn Grantor,for itself,its successors and assigns,hereby agrees to use its best efforts to prevent the occurrence of any of the foregoing and shall promptly undertake any remedial action necessary to comply with the terms and provisions of this Section. Grantee shall have the express right, among others, to seek an injunction to prevent any of the activities prohibited by this Section. 13. Grantee's$ecuritization Rights:Estoaoel. Grantor hereby consents to the granting by Grantee of one or more leasehold mortgages,collateral assignments,liens,and/or other security interests(collectively,a"Security Interest")in Grantee's interest in this Agreement and all of Grantee's property and fixtures attached to and lying within the Exclusive Easement Area and further consents to the exercise by Grantee's mortgagee("Grantee's Mortgagee")of Its rights to exercise its remedies,including without limitation foreclosure,with respect to any such Security Interest. Grantor shall recognize the holder of any such Security Interest of which Grantor is given prior written notice (any such holder, a "Holder")as"Grantee"hereunder in the event a Holder succeeds to the interest of Grantee hereunder by the exercise of such remedies. Grantor further agrees to execute a written estoppel certificate within thirty(30)days of written request of the same by Grantee or Holder. 14. Notices. All notices must be in writing and shall be valid upon receipt when delivered by hand,by nationally recognized courier service,or by First Class United States Mail,certified, return receipt requested to the addresses set forth below: To Grantee: American Tower Asset Sub,LLC To Grantor: Heather Murphy c/o American Tower 6522159"'Avenue NE 10 Presidential Way Redmond,WA 98052 Woburn,MA 01801 With copy to: American Tower Asset Sub,LLC c/o American Tower 116 Huntington Avenue Boston,MA 02116 Attn: Legal Department Grantor or Grantee,by thirty(30)days prior written notice to the other in the manner provided herein,may designate one or more different notice addresses from those set forth above. Refusal to accept delivery of any notice or the inability to deliver any notice because of a changed address for which no notice was given as required herein,shall be deemed to be receipt of any such notice. 15. Force Maieure. The time for performance by Grantor or Grantee of any term, provision, or covenant of this Agreement shall automatically be deemed extended by time lost due to delays resulting from strikes,civil riots,floods, labor or supply shortages,material or labor restrictions by governmental authority,litigation,injunctions,and any other cause not within the control of Grantor or Grantee,as the case may be. 16. Miscellaneous. This Agreement shall be recorded at the sole expense of Grantee and shall be governed by and construed in all respects in accordance with the laws of the State or Commonwealth in which the Premises is situated, without regard to the conflicts of laws provisions of such State or Commonwealth. The captions and headings herein are for convenience and shall not be held or deemed to define, limit, describe, explain, modify, amplify or add to the interpretation,construction or meaning of any provisions,scope or intent of this Agreement. This Agreement and any other documents executed in connection herewith,constitute the entire understanding between the parties with regard to the subject matter hereof and there are no representations,inducements,conditions,or other provisions other than those expressly set forth herein. Grantee has not provided any legal or tax advice to Grantor in connection with the execution of this Agreement. This Agreement may not be modified,amended,altered or changed in any respect except by written agreement that is signed by each of the parties hereto. 17. Cumulative Remedies. Except as otherwise expressly provided herein,each and every one of the rights,benefits and remedies provided to Grantor or Grantee in this Agreement,or in any instrument or documents executed pursuant to this Agreement,are cumulative and shall not be exclusive of any other of said rights,remedies and benefits allowed by law or equity to Grantor or Grantee. Site No:310513 Site Name:Allyn 18. Counterparts. This Agreement may be executed in several counterparts, each of which when so executed and delivered,shall be deemed an original and all of which,when taken together,shall constitute one and the same instrument, even though Grantor and Grantee are not signatories to the original or the same counterpart. 19. evera if . Should any part or provision of this Agreement be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or provision shall not invalidate the remaining portions of the Agreement,and they shall remain in full force and effect and this Agreement shall be construed as if such part or provision had been so limited or as if such provision had not been included herein,as the case may be. Additionally,if any laws, rules or regulations promulgated by any state,county or local jurisdiction,including without limitation those concerning zoning,subdivision or land use,or should any court of competent jurisdiction, make the sale of the Easements herein either void or voidable,Grantor agrees that upon the written request of Grantee,the parties shall execute a reasonably acceptable ground lease between Grantor,as landlord,and Grantee,as tenant(with the Exclusive Easement area being the leased premises therein,and the Access and Utility Easement area remaining a non-exclusive easement for access and utility purposes)for uses consistent with those set forth herein. The parties agree that no additional consideration shall be paid to Grantor for entering into such a lease and said lease must (a) expressly provide that Grantee shall not be required to obtain the consent of Grantor to enter into any sublease or license of any portion of the leased premises or to permit sublessees or licensees to utilize the non-exclusive easement for access and utilities,(b)be for a term of ninety- nine(99)years,or as long as permitted by applicable law. 20, Attorney's Fees. If there is any legal action or proceeding between Grantor and Grantee arising from or based on this Agreement,the non-prevailing parry to such action or proceeding shall pay to the prevailing party all costs and expenses,including reasonable attorney's fees and disbursements,actually incurred by such prevailing party in connection with such proceeding and in any appeal in related thereto. If such prevailing party recovers a judgment in any such action, proceeding or appeal,such costs,expenses and attorneys fees and disbursements shall be included in and as a part of such judgment. 21. Government Approvals/Applications_. Grantor hereby covenants and agrees that(a) neither Grantor nor any affiliate of Grantor shall at any time oppose in any manner(whether at a formal hearing,in written documentation,or otherwise)any zoning,land use or building permit application of Grantee and(b)Grantor shall promptly cooperate with that Grantee in making application for and/or otherwise obtaining all licenses,permits,and any other necessary approvals may be required for Grantee's intended use of the Easement Areas. 22. Assilznment of Ground Lease. The parties hereby acknowledge and agree that the Premises is currently subject to that certain Communications Site Lease Agreement(Ground)dated October 31,1997 originally by and between Nextel West Corp.and the John W.Murphy Trust as amended from time to time(collectively,the"Lease"),as evidenced by that certain memorandum of lease recorded in the records of Mason County,Washington. Grantor hereby acknowledges and agrees that there currently exists no default under the Lease,and no conditions that,with the passage of time,would constitute a default under the Lease. Grantor hereby assigns,transfers,sets over and delivers to Grantee all of Grantor's rights,title and interests in,to,and/or under the Lease,including,without limitation,all rents and other monies due to Grantor under the Lease from and after the Effective Date,and Grantee hereby accepts and assumes all of the obligations which are the responsibility of the landlord under the Lease from and after the Effective Date. Grantor hereby releases and forever remises Grantee from all claims arising under the Lease. Grantor hereby indemnifies and holds Grantee harmless with respect to any demands,claims,actions,causes of action,assessments,expenses,costs,damages,losses, and liabilities(including reasonable attorneys'fees and costs)which are actually asserted,instituted,assessed,incurred, and/or sustained against or by Grantee and/or the Permitted Parties with respect to or in connection with matters arising or accruing under the Lease prior to the Effective Date. Grantee hereby indemnifies and holds Grantor harmless with respect to any demands,claims,actions,causes of action,assessments,expenses,costs,damages,losses,and liabilities (including reasonable attorneys' fees and costs) which are actually asserted, instituted, assessed, incurred, and/or sustained against or by Grantor with respect to or in connection with matters arising or accruing under the Lease from and after the Effective Date. 23. Further Acts. Attorney-In-Fact. Grantor, at Grantee's sole cost and expense, shall cooperate with Grantee in executing any documents necessary to protect Grantee's rights under this Agreement or Grantee's use of the Easements and to take such action as Grantee may be reasonably required to effect the intent of this Agreement. Grantor hereby irrevocably appoints Grantee as Grantor attorney-in-fact coupled with an interestto prepare,execute,deliver,and submit Site No:310513 Site Name:Allyn land-use,building permit and zoning applications related to Grantee's permitted use of the Easement Areas,on behalf of Grantor,to federal,state and local governmental authorities. 24. Survey. Grantee may elect, at Grantee's expense, to cause a boundary, as-built or similar survey of all or any portion of the Easement Areas(the"Survey')to be prepared by a surveyor duly licensed under the laws of the state in which the Premises is located. Grantor further agrees that upon written notice from Grantee to Grantor,Grantee may elect,in Grantee's sole and absolute discretion,to replace Exhibit 8 and Exhibit C with a revised Exhibit B and Exhibit C depicting and/or describing the Exclusive Easement Area and Access and Utility Easement Area, as applicable, in accordance with the Survey prepared at Grantee's election. 25. Waiver. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,IN NO EVENT SHALLGRANTOR OR GRANTEE BE LIABLE TO THE OTHER FOR, AND GRANTOR AND GRANTEE HEREBY WAIVE,TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW,THE RIGHT TO RECOVER INCIDENTAL, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE OR LOSS OR BUSINESS OPPORTUNITY), PUNITIVE, EXEMPLARY,AND SIMILAR DAMAGES. 26. Condemnation. In the event Grantor receives notification of any condemnation proceeding affecting the Easement Areas,or any portion thereof,Grantor shall provide notice of the proceeding to Grantee within forty-eight(48) hours. If a condemning authority takes all of the Easement Areas,or any portion thereof, Grantee shall be entitled to pursue Grantee's own award in the condemnation proceeds,which for Grantee will include,where applicable,the value of its communications facility,moving expenses,consideration paid to Grantorfor the Easements,and business dislocation expenses. 27. Insurance Coverage.Grantee shall at all times during the Term of this Agreement and at Grantee's sole cost and expense,maintain in effect Worker's Compensation insurance with statutory limits and General Liability insurance to cover bodily injury and property damage,adequate to protect Grantor against liability for bodily injury or death of any person in connection with the use,operation and condition of the Easement Areas,in an amount not less than Two Million and No/100 Dollars($2,000,000.00)of combined single limit bodily injury and property damage coverage with not less than Four Million and No/100 Dollars($4,000.000.00)in the aggregate. These limits can be met using the general liability policy limits and umbrella/excess limits. Such policy shall cover the Easement Areas and include Grantor as an additional insured. Within thirty(30)days of Grantee's receipt of a written request from Grantor,and no more than once per calendar year,Grantee shall deliver a certificate of insurance to Grantor evidencing the insurance requirements set forth in this section. [END OF DOCUMENT—SIGNATURE PAGES AND EXHIBITS TO FOLLOW] Site No:310513 Site Name:Allyn IN WITNESS WHEREOF,the parties hereto have executed this Agreement under seal as of the day and year set forth below. GRANTOR: 2 WITNESSES Signature: Signature: Print Na"e:He ther M rp Print Name: Date: 7 Signature: Print Name: WITNESS AND ACKNOWLEDGEMENT State/Commonwealth of rlA J[A, County On this d day of 2011,before me,the undersigned Notary Public,personally appeared Heather Murphy,who proved tome on the basis•of satisfactory evidence,to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument,the person(s)or the entity upon which the person(s)acted,executed the instrument. JULIE S MCCORMICK WITNESS my hand and official seal. NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES m��t� �t JUKE 9,2022 Notary Public Print Name: My commission expires: `3 jo a-Z- [SEAL) Site No:310513 Site Name:Allyn GRANTEE: 2 WITNESSES American Tower Asset Sub,LLC, a Delaware limited liability company ., Signat Print Name: Signature: Print Name: hawn tanler Signature: Title: Print Name: Date: WITNESS AND ACKNOWLEDGEMENT Commonwealth of Massachusetts County of Middlesex On this the Is day of 2013, before me, the undersigned Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument,the person(s)or the entity upon which the person(s)acted,executed the instrument. WITNESS my hand and official seal. RENEE BYRD Notary P.�bi� A 9 k 0 t r>Q \ ;j) Commonweoth of t,Acssochusetts Notary Public My COrT1MSsion Expires My Commission Expires: (Seal}101 27,2023 Attachments: Exhibit"A"—Premises Exhibit"B"—Exclusive Easement Area Exhibit"C"—Access and Utility Easement Area Site No: 310513 Site Name:Allyn EXHIBIT"A" Premises This Exhibit A may be replaced by descriptions and/or depictions from an As-Built Survey conducted by Grantee at Grantee's option that depict and/or describe the Premises 'LRe X"th $10 fast of the Last 533 foot of the best 1525 foot o>' that past of rTue ibrtls+ast quarter. Section V- TOWnship 21 North, Bangs i Vest of the btiUW"tte Meridian. lying Westerly of the W&ateriy line of State #Auto No. 3; i`0ula thatPart- if ate►• included is IM feet vide right—of Way conveyed to U of Deeds Railwayy by Dead dated Mo�►asrber 2>3, 1490 and racorasa in volsar AND a7ccty'cIHG� 133. also publta: roads, if any; ' which lies southerly of the following described lines REG,MNG at the Morthw"t corner of the above described tract n East along the West = thecae South beginning of said line; Una of said tract 310 feet to the pout of �iat thsncs north 89.26138" East 130 fast; the aaca South to+the2Enataline Of thet 2-30 ;saidnca tractrth and6thesterminustof said f lot, lore or log etas. (Also krAva as Lot 13 of Survey recorded sander Auditor's rile V.D. 409449. records of Mason County, Washington.) TUCETRU WY'fF; At 30 foot non-"clusivs eassm>snt: for ingress, stress and atilities over, unr and across the South 30 feet of Lot A of Survey recorded under Auditor`sde F11s No. 409449, and over. under and across the Laet 30 fast of the South 150 feet of said Lot A. And being known as Mason County,Washington parcel:12217-22-00032. Site No:310513 Site Name:Allyn t EXHIBIT"B" Exclusive Easement Area This Exhibit B may be replaced with descriptions and/or depictions from an As-Built Survey conducted by Grantee at Grantee's option that depict and/or describe the Exclusive Easement Area,and if applicable,guy wire and guy anchor easements THAT PORTION OF LOT 8,ACCORDING TO THE SURVEY RECORDED IN VOLUME 9 OF SURVEYS,PAGE 167,UNDER AUDITOR'S FILE NO.409449,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 8;THENCE SOUTH 89'16'06'EAST(NORTH 89'26'38"EAST-RECORD OF SURVEY)ALONG THE SOUTH LINE THEREOF A DISTANCE OF 20.09 FEET;THENCE NORTH 00'4T 66"EAST AT RIGHT ANGLES A DISTANCE OF 20.46 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED AREA;THENCE NORTH 00'W 00"EAST A DISTANCE OF 50.00 FEET;THENCE NORTH 9V W 00'EAST A DISTANCE OF 60.00 FEET;THENCE SOUTH 00'00'00'EAST A DISTANCE OF 60.00 FEET:THENCE SOUTH 90'00'00"WEST A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING. SITUATED IN MASON COUNTY,WASHINGTON AND CONTAINING APPROXIMATELY 0.08 ACRES. Site No:310513 Site Name:Allyn i EXHIBIT"C" Access and Utility Easement Area This Exhibit C may be replaced with descriptions and/or depictions from an AS-Built Survey conducted by Grantee at Grantee's option that depict and/or describe the Access and Utility Easement Area All existing utility and access easements from Exclusive Easement Area to a public right of way including but not limited to: THAT PORTION OF LOT B,ACCORDING TO THE SURVEY RECORDED IN VOLUME 9 OF SURVEYS,PAGE 187,UNDER AUDITORS FILE NO.409449 MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 15.00 FEET IN WIDTH,7.60 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT B;THENCE S 89.18'06"E IN 89'26'38"E,RECORD OF SURVEY)ALONG THE SOUTH LINE THEREOF A DISTANCE OF 20.09 FEET;THENCE N 00'43'55"E AT RIGHT ANGLES A DISTANCE OF 20.46 FEET;THENCE N DO'00'00"E A DISTANCE OF 50.00 FEET;THENCE N 90'DO'00"E A DISTANCE OF 7.98 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE;THENCE N 00'41'31"E A DISTANCE OF 76.17 FEET;THENCE N 00'0347"W A DISTANCE OF 30.90 FEET;THENCE N 13'0817"W A DISTANCE OF 30.64 FEET;THENCE N 08'23'46"W A DISTANCE OF 31.13 FEET;THENCE N 00'22'20"E A DISTANCE OF 27.40 FEET;THENCE N 14"47'12"E A DISTANCE OF 20.92 FEET;THENCE N 28'44'28"E A DISTANCE OF 2429 FEET;THENCE N 34'00'33"E A DISTANCE OF 27.39 FEET;THENCE N 28'1O'32"E A DISTANCE OF 27.23 FEET;THENCE N 13'12'09"E A DISTANCE OF 26.48 FEET;THENCE N 01'10'66"W A DISTANCE OF 24.90 FEET;THENCE N 09'60'46"W A DISTANCE OF 33.66 FEET;THENCE N 03'43'11"W A DISTANCE OF 28.37 FEET;THENCE N 16'0324"E A DISTANCE OF 24.81 FEET;THENCE N 22"11'3W E A DISTANCE OF 25.58 FEET TO A POINT ON THE NORTH LINE OF SAID LOT B,DISTANT THEREON 67.26 FEET EASTERLY OF THE NORTHWEST CORNER THEREOF AND THE TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. Then continuing on,from the above-described tract,to the public right-of-way over and upon that easement granted by that Easement Deed,dated April 13, 1987,and recorded April 15, 1987,in Mason County, Washington, as Instrument No.465774,and as depicted on that plat entitled,"Large Lot Subdivision"dated November 1982, and recorded in Mason County,Washington,Volume 9, Page 167. r1 no This Instrument is being filed as an accomodation only. It has not been examined as to its execution, insurability or affect on title. Site No:310513 Site Name:Allyn N1mMiJ4POOWTONNiDUM 6 WfeFBJgFl➢�i!E0. I \ I \ NOTE LEGAL DESCRIPTION:N 1/2 NW 1N EX ST RWTR S 6URECEIVED RVEY B/137 I \ � ANG1p7�OIM�t' �(E)ACCESS ROAD ryL i - 6 2021 T • sMobileG� Alder Street �-Q Tangent � vcrte�,u�wc�II— � I c I `\ ti =If IW as•\ I� * \ DRAWN BY: q.R CNECKED BY: �(E)TREE (TwJ I � I � 1 N I Z V Cj 1 08/262021 100%CD'S FOR SUBMITTAL A..A D DBH2/2021 W%CD'S FOR REVIEW E REV DATE CRIPTION I _ t (E)GATE FOR SITE ACCESS PARCELt122172200032 m I � -- 1 r` 56058 1 x (E) MONOPOLE AZIMUTH 270' - �\ I THIS (SPREP�IFEb lD'JIG�I UNDER MY 6UPERVI6IUA 17�R1 IR MMUN ER MY X WILL BE D M OBSERVATp1L ("T-MOBILE , 58'-S , I R IS A VIOLATION OF LAW FOR ANY PERSON.UN�THEY AREACTNGUNDERTHEEURECTIONOFAUCENSED GROUND SPACE I y I PROFESSq ENGINEER,TO ALTER THIS DOCUMENT L ±545' PROPERTY LINE - _ - - -- -- -- -- T-MOBILE SITE ID:ALLYMSPECTRASITE T•MOBILE SITE NUMBER:SEDIMISM �O �► APPROVED ATC SITE MITEAD ADDRESS: 310613 T-MOBILE SITE ADDRESS: W ALLYW WA 9 GOUNTY:MASON COUNTY s�►F� TO sm L STRUCTURE TYPE:MONOPOLE ALL SETBACKS ARE MEASURED �i FROM THE FURTHEST [(j�7- SHEET TITLE PROJECTION OFTNF BUILDING N SITE PLAN ' E9 SHEETNUMBER 07 A s A-1 SITE PLAN ^N 24Y3,SCALE:1•=20'-T 10,11'ziT SCALE:1-=40'4r 34