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COM2020-00098 T Mobile Upgrades - COM Application - 10/14/2020
' ATC 310513 12949799 . MASON COUNTY COMMUNITY SERVICES Permit• PERMIT ASSISTANCE CENTER: •BUILDING•PLANNING•PUBLIC HEALTH•FIRE MARSHAL S y 615 W.Alder Street,Shelton,WA 98584 Phone Shelton:(360)427-9670 ext 352•Fax:(360)427-7798 Phone ('V U l" 14 2020 Belfast(360)275-4467•Phone Elma:(360)4825269 BUILDING PERMIT APPLICATION 615 W. Alder Streit PROPERTY OWNER INFORMATION: CONTRACTOR INFORMATION: j ', # l� 4046 o mencanI ower , ' NAME: Asset Sub,LLC NAME: TBD MAILING ADDRESS: 10 Presidential Way MAILING ADDRESS: CITY: Woburn STATE: MA ZIP: 01810 CITY: STATE: ZIP: PHONE 91: 972.999.8901 PHONE: CELL-.- PHONE#2: EMAIL: EMAIL: david.williams@americantower.com L&I REG# EXP. ! PRIMARY CONTACT: OWNER❑ CONTRACTOR❑ OTHER E NAME Vinh Dinh-Infinigy on behalf of ATC and T-Mobile EMAIL vdinh@infinigy.Gom MAILING ADDRESS 116th Avenue SE,Suite 210 CITY Bellevue STATE WA ZIP 98004 PHONE CELL (206)295-5926 PARCEL INFORMATION: PARCEL NLTNJ03ER(12 Digit Number) 122172200032 ZONING RR10 LEGAL DESCRIPTION(Abbreviated) N 1/2 NW 1/4 EX ST RAN 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: (Checkall that apply): SALTWATER❑ LAKE❑ RIVER/CREEK❑ POND❑ WETLAND❑ SEASONAL RUNOFF❑ STREAM❑ TYPE OF WORK: NEW❑ ADDITION❑ ALTERATION Pq REPAIR❑ OTHER ❑ USE OF STRUCTURE(Residence,Garage,CammercialBldg,Eic)Wireless telecommunication tower/facility IS USE: PRIMARY❑ SEASONAL❑ NUMBER OF BEDROOMS n/a NUMBER OF BATHROOMS n/a HEATED STRUCTURE? YES(Whale Bldg)❑ YES(Part[sl of Bldg)❑ NO KI DESCRIBE WORK T-Mobile proposes to replace'3 antennas and 3 radios per plans SQUARE FOOTAGE:(proposed) 1ST FLOOR sq.fL 2ND FLOOR sq.ft. 3RD FLOOR sq.ft. BASEMENT sq.ft. DECK sq.ft. COVERED DECK sq.& 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® Ifyes,attach completed Water Adequacy Form PERDAETER/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 permillapplication becomes null&void ff 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 Signature of TOWER OWNER(Must be signed by the OWNER) Date DEPARTMENTAL REVIEW APPROVED DATE DENIED DATE TAGS/NOTES/CONDITIONS BUILDING DEPARTMENT .3 PLANNING DEPARTMENT FIRE MARSHAL PUBLIC HEALTH Trish Woolett From: Trish Woolett Sent: Tuesday, November 24, 2020 2:38 PM To: 'vdinh@infinigy.com' Subject: Oakland Bay and Allyn in Mason County Re: COM2020-00097 &00098 In order to approve these projects we need either an approved Mount Analysis or a Special Inspection Agreement for Structural Observation Inspection.This may be provided via email. The Special Inspection Agreement: https://www.co.mason.wa.us/forms/Community Dev/special-inspection- aBreement.pdf Tricia Woolett Building Inspector-Plan Review tw@co.mason.wa.us (360)427-9670 ext. 281 1 INFINIGY6"' FROM ZERO TO INFINIGY the solutions are endless 50 1161h Avenue SE,Suite 210, Bellevue, WA 98004 Date: July 29, 2020 Mason County Community Services Permit Assistance Center 615 W Alder Street Shelton, WA 98584 r RE: T-Mobile's equipment modification and upgrades Site Name: 310513 Allyn 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: TOWER SCOPE OF WORK: • REMOVE (3) T-MOBILE PANEL ANTENNAS • REMOVE (3) T-MOBILE TMAS & (12) COAX • RELOCATE (2) T-MOBILE FXFC RRU'S FROM GROUND TO TOWER • INSTALL (3) FFHH-65C-R3 PANEL ANTENNAS • INSTALL (3) AHLOA RRU'S • INSTALL (1) HCS 2.0 PENDANT • INSTALL SITE PRO HRK12 HANDRAIL KIT 36"ABOVE THE PLATFORM HORIZONTALS GROUND SCOPE OF WORK: • REMOVE (1) ESMB & (1) FBBC FROM INSIDE EXISTING ULTRASITE CABINET • REMOVE (1) ULTRASITE CABINET & (1) ULTRASITE CHAIR • REMOVE (3) FRLB RRU'S • INSTALL (1) 19" HEAVY DUTY RAK • INSTALL (1) JUNCTION BOX • INSTALL (2) AMOB & (1) RELOCATED FSMF IN WEATHERPROOF SLEEVE ON PROPOSED 19" HEAVY DUTY RACK Arizona California Colorado Flovda Georgia— Mqryland New Hampshire New Jersey New York Washington_ INFINIGY8 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 • (2) sets of structural calculations. 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 Site Acquisition Manager I PNW I INFINIGY 50 116th Avenue SE, Suite 210 Bellevue, WA 98004 206.295.5926 vdinh@infinigy.com INFINIGY?? Kati Dooley From: Kati Dooley Sent: Wednesday, October 14, 2020 3:51 PM To: 'Vinh Dinh' Subject: RE: Site 420197 Sanderson Harbor, Site 310511 Oaklandbay, Site 310513 Allyn Thank you Vinh, The submittal fee for each one is 599.68 Kati Dooley I Permit Specialist Mason County Community Services Kdoolev@co.mason.wa.us Office 360-427-9670 ext. 236 1 From:Vinh Dinh <vdinh@infinigy.com> Sent: Wednesday, October 14, 2020 2:15 PM To: Kati Dooley<kdooley@co.mason.wa.us> Subject: RE:Site 420197 Sanderson Harbor, Site 310511 Oaklandbay,Site 310513 Allyn Hi Kati, The bid amount or project valuation for each project is$20,000. Let me know if you need any details. Thank you, Vinh Dinh Project Manager I INFINIGY m-(206)295-5926 vdinh@infinigv.com From: Kati Dooley<kdoolev@co.mason.wa.us> Sent: Wednesday, October 14, 2020 1:30 PM To:Vinh Dinh <vdinh@infinigy.com> Subject:Site 420197 Sanderson Harbor, Site 310511 Oaklandbay, Site 310513 Allyn Dinh, Could I please get the bid amount for these three projects? Kati Dooley I Permit Specialist Mason County Community Services Kdoolev@co.mason.wa.us i RECEIVED UL 1 14 2020 615 W. Alder Street AMERICAM 1MWYER• C O R P O R A T 1 0 M LETTER OF AUTHORIZATION ATC SITE#/NAME/PROJECT:310513/Allyn/129497" SITE,ADDRESS: 19943 E STATE ROUTE 3,ALLYN,WA 98524-7764 LI ENEE. MOILE WEST LLC dba T-MOBILE PLANNING 1, Margaret Robinson, Senior Counsel for American Tower*, owner of the tower facility located at the address identified above (the "Tower Facility"), do hereby authorize T-MOBILE WEST LLC dba T- MOBILE, its successors and assigns, and/or its agent, (collectively, the "Licensee") to act as American Tower's non-exclusive agent for the sole purpose of filing and consummating any land-use or building permit application(s) as may be required by the applicable permitting authorities for Licensee's telecommunications' installation. We understand that this application may be denied, modified or approved with conditions. The above authorization is limited to the acceptance by Licensee only of conditions related to Licensee's installation and any such conditions of approval or modifications will be Licensee's sole responsibility. TOWER 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 tower 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 tower owner or legal representative represents that the information provided is accurate and grant%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. Signature: r / , ' Print Name:Margaret Robinson Senior Counsel American Tower* NOTARY BLOCK Commonwealth of NIASSACHUSET17S County of Middlesex This instrument was acknowledged before me by Margaret Robinson, Senior Counsel for American Tower*,personalty known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. WITNESS my hand and official seal,this 7*day of August,2020. NOTARY �MELISSA ANN METZLER Notary Public y Commonwealth of Massachusetts Notary Public i My Commission Expires March 1 .20 5 My Commission Expires:March 14,2025 *American caries of American"Power Corporation. 10 Preside iW Way•Wd wr4 VA 01801 *781.916.4500 Office 9 781.926.4555 Fax•wwwanwknOw.com ii AMERKAIh/TO1 van* C O n►9 R A T I 0 N LETTER OF AUTHORIZATION SITE NO/PROJECT NO: 310513/IM9799 SITE NAME: Allyn ADDRESS.19943 E STATE ROUTE 3 APN:12217-22-00032 ALLYN,WA 98524-7764 I, Margaret Robinson,Senior Counsel, US Tower Division on behalf of American Towel*, owner of the tower facility located at the address identified above(the"Tower Facility"),do hereby authorize Infuugy,its successors and assigns,to act as American Tower's non-exclusive agent for the purpose of filing and securing any zoning, land-use, building permit and/or electrical permit application(s) and approvals of the applicable jurisdiction for and to conduct the construction of the installation of antennas and related telecommunications equipment on the Tower Facility located at the above address. This installation shall not affect adjoining lands and will occur only within the area leased by American Tower. American Tower understands that the application may be denied, modified or approved with conditions. The above authorization is limited to the acceptance by American Tower of conditions related to American Towers installation. Any such conditions of approval or modifications will not be effective unless approved in writing by American Tower. The above authorization does not permit Infinigy to modify or alter any existing permit(s)and/or zoning or land-use conditions or impose any additional conditions unrelated to American Towers installation of telecommunications equipment without the prior written approval of American Tower. TOWER 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 tower 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 tower owner or legal representative represents that the information provided is accurate and grants employees of Mason County access to the above described properly and structure(s)for review and inspection. This permit/application becomes null 8e void if work or authorized construction is not commenced within 180 days or if construction work is suspended for a period of 180 days. Signature: Margaret Robinson,Senior Counsel US Tower Division NOTARY BLOCK COMMONWEALTH OF MASSACHUSETIS County of Middlesex This instrument was acknowledged before me by Margaret Robinson,Senior Counsel of American Tower(Tower Facility owner and/or operator),personally known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. WITNESS my hand and official seal,this 7w day of August,2020. NOTARYSEAL MELISSA ANN METZLER ( �/ ► Notary Public Notary Public ;/Comnnnwealth of Massachusetts My Commission Expires:March 14.2025 M Cammiseion Er Tres March 14,2025 •American Tower as used herein is defined as American Tower Corporation and any of its affiliates or subsidiaries. 10 Presidential Way • Wobum,MA 01801 • 781.926.4500 office• 781.926.4555 Fax • www.amakantower.com , f Pacific Northwest Markei 9PLASi�Al hY NN l�i+ 1 COMMUNIC. T O S SITE LE E AGREE E D L I ' 4 2020 (Washington) /�� der Street This Lease Agreement ("Agreement") is entered into this Z1�day of MW , 199 -7 between Nextel West Corp.,a Delaware corporation,dba Nextel Contrnunications("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: I. 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#1 22 1 7-22-00 032, 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 necessay 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 rs A Bement 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 (51") 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 Term. 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 I erm shall be prorated. Rent shall be payable to Lessor at 1717 150"Avenue SE,424,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. Pagc I May 1997 Pacific Northwest Market Site Name Allyn/Murphy Site Number WA0169-1 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 constriction 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 (including a standby power generator for Lessee's exclusive use). Lessor agrees to sign such documents or 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. 8. 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. pate 2 May 1997 Pacific Northwest Market Site Name Allyn/Murphy Site Number WA0168-1 (a) Lessor waives any lien rights 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 injury and property damage insurance with a combined single limit of at least= per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Lessee, its emp oyees 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. Assienment and Sublettine. 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 ►;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 . 1 Pacific Northwest Market Site Name Allyn/Murphy Site Number WA0169-1 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. is. Warranty of Title and Ouiet 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, under,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 party, 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 ofthe 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 ofthe respective parties set forth below: Page 4 May 1997 • Pacific Northwest Market Site Name Allyn/Murphy Site Number WA0I68-1 Lessee: Nextel West Corp. Lessor: John W.Murphy Trust dba Nextel Corttututtications. P.O. Box 613 1750 1 l2"Avenue NE,Suite C I00 Allyn,WA 98524 Bellevue,WA 98004 Attn.: System Development Manager With a copy to: Nextel West Corp. dba Nextel Commutiicatiorts 1750 112"Avenue NE,Suite C 100 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. (h) 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 ` f By: �. Perry Saderlee Iliurphy,Trustee "s5__>. Title: PNW President Date: Date: _1/C �-3/ /-i 7 _ Tax ID#: 520-20-2173 Page 5 May 1997 Pacific Northwest Market Site Name AltvNMurphy Site Number WA0168-1 ACKNOWLEDGMENTS ALL SIGNATURES MUST BE ACKNOWLEDGED STATE OF Washington ) ss. COUNTY OF V4 The foregoing i ument was acl�owledged before me this�d of L J� �st�. 199 by peml of Nextel West Corp.,a Delaware corporation, dba Nextel Comm nications. ., WITNESS my hand and official seat,-,... �,� p, SD. EIg C'j oti Sf �, 'I4otary Pub&f r Washm n Residing at 's •�B��e� My commission expires: _ WA9rlO -- STATE OF IVA5l-l7/J TyrJ ) > ss. COUNTY OF n-50"J ) I certify that t know or have satisfactory evidence that�D►tR} 111, Y1%rt12O 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 Tiers'sFE often tJ. mN1e19+-1 TXASr�6- to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: OC i D81'0 �j , 199 -/ 1J?_� Notary Public for WAsh"ngton LJ Residing at: lce�L My appointment expires Pitgc 6 May 1997 fi Pacific Northwest Market Site Name Allyn/Murphy Site Number WA0168-1 EXHIBIT A DFSCRIPTION OF LAND to the Agreement dated � ��,, 199_7__, by and between the John W. Murphy Trust, as Lessor, and Nextel West Corp.,a Delaware orporation,dba Nextel Communications,as Lessee. The Land is described and(or depicted as follows(metes and bounds description): PARCEL l: 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 WII.LAMETTE MERIDIAN, LYING WESTERLY OF THE WESTERLY LINE OF THE STATE ROUTE IIO. 3; EXCEPTING THAT PART, IF ANY, INCLUDED IN 100 FEET WIDE RIGHT-0E—WAY CONVEYED TO PENINSULA RAILWAY COMPANY BY DEED DATED NOVEMBER 28, logo AND RECORDED In VOLUME U OF DEEDS, PAGE 133; AND EXCEPTING ALSO PUBLIC ROADS, IF ANY; WHICH LIES SOUTHERLY OF THE FOLIOWING DESCRIBED LINE; BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE SOUTH 0'58' 1391 EAST ALONG THE WEST LINE OF SAID TRACT 310 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 89*26138" 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 COUNTY, WASHINGTON. ) PARCEL 2 _ TOGETHER WITH A 30 FOOT, NON—EXCLUSIVE HASEMEST 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 Pacific Northwest Market Site Name Allyn/Murphy Site Number WA0168-1 EXH]Brr B DESCRIPTION OF PREMISES to the Agreement dated _, 199-, by and between the 7oha W. Murphy Trust, as Lessor,and Neztel West Corp.,a Delawar corporation,dba Nextel Communications,as Lessee. The Premises are described and/or depicted as follows: Exhibit 13 attached(3 pages). I 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. [IAA Page 8 May 1997 EXHIBff "B" HIGHWAY 3 -- --_=_-._ _ PROPERTY LINE EXISTING POWER POLE EXISTING ACCESS yy�l ZONED RURAL. RES. ROAD SLOP DOWNS J` j 14� 1"T Io 1 PROPOSED 50'x5O' LEASE b AREk SEE SHEET 2 PROPERTY LINE PROPOSED ROUTE OF POWER AND TELCO EXISTING BUILDINGS 20'-0"t ZONED GIRL SCOUT CALdP a' Z so, too, ear ,om PARCEL 1 12217-22-00032 ZONED : RURAL AREA NOTES: 1) PLAN SHOWN IS A GRAPK SITE PLAN - 11 OF 3 SITE NUMBER: WA0168-1 r REPRESENTATION OF LEASE AREA NDaL COMMUWTION$ DATE: OCTOBER 16, 97 \` ALM MURPHY 2) THIS 'EXHIBIT 0' MAY BE ANEAT�D OR � REV: (1) OCTOBER 28, 91 ADDED TO AT ANY TWE, 19941 HIGHWAY 3, ALLYN, WA 98524 D(HOT 'i' ACCESS ROAD PROPOSED ROUTE OF 12'-O' 24' POKR & TELCO PROPOSED PAD MINTED' PROPOSED 6' FENCE WITH It TRANSFORMER BARBED MARE AND 12' GATE ° n PROPOSED CABLE BRIDGE MATH b Il L a_ ¢ b TEST MOBLE ANTENNA MOUNTED 1 ti ti i ON TOP PROPOSED I Ilx 0' IU ppp in EQUIPMENT SHELTER ) P� 1�( � ROPOSED ►AONOPOIE MArr'1 (3) 1 b W I z r>; `' a • �� OMM-WHIP ANTENNAS MOINNE i i �➢ ON A PLATFORM AT TOP � W _ Q b L4 1 20'-d L 12'-0" 7'-D" 2' PROPOSED (2) CPS SHELTER TYP ANTENNAS MOUNIr o' 4' r it 3r N To S O;; 5D'-Cr rn LEASE AREA m PLAN 1) PUW SHOWN IS A GRAPHIC ENLARGED SITE PLAN — 2 OF 3 SITE NUMBER: WA0168-1 _a REPRESENTATION OF LEASE AREA NE)M COMMUNICATIONS DATE: OCTOBER ts, 97 2} THIS "EXHI IT 9' MTYE E AMENDED OR ALLYN / MURPHY(OPPON 1) REV: (1)ADDED TO OCTOBER 2s, 97 19941 HIGHWAY 3, ALLYN, WA 98524 EXHIBIT .g PROPOSED (3) ON-WHIP ANTENNAS (UP) f �, PROPOSED (3) FUTURE OUNI ANTENNAS (DOWN) PROPOSED 8v KROWE DISH AT 801 kVIDPOLE HEIGHT 3� PROPOSED IiONOPO(.E PROPOSED 8V IODYIA4E DISH AT 60% YOFgPOLE HEIGHT o n EXISTfNG TREES TO REWJN, TYP. PROPOSED EQUIPMENT SHELTER b 1 > �. PROPOSED CABLE BRIDGE AND TEST MOM ANTENNA POSED (1) GPS ANTENNAS a PROPOSED 6' CHAIN-LW FENCE MOUNTED TO SHELTER z NOTES: NORTH ELVATO — 3 OF 3 SITE NUMBER: WA0168-1 1) PLAN SHOW!! IS A GRAPHIC REPRESENTATION Or LEASE AREA. NDMI COMMUNICATIONS DATE: OCTO ER 16, 97 s)THIS 'EXHIBIT B' MAY BE AMENDED OR KIA / MURPHY REV: 1 OCTOBER 28, 91 ADDED TO AT ANY nME. 19941 HfGHWAY 3, ALLYN, WA 98524 Pacific Northwest Ma*ct 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 CI00 Bellevue, WA 98004 AT"CN: 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 C 100,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 tatter 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 ofthe 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: I 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 0110BJ2019 10:02 AM EASMT,AGREE 1FIDELITY NATIONAL IIIIIITITLE INSURANCE $120945 Rec Fee $210 00 Pages INIVI INI{I III IIIlI IIII 1111111 ��ICI IIII�NI Iilllll.If hill III��III IIII Return Address: Fidelity National Title , AtIUAvr 7130 Glen Forest Drive No_. -• WA R.E 9=99 TAX Richmond VA 23226 JAN 0 7 2019 t:xON't USA NAMER Tm&,M"on Cvunty Ptcase 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) 1. Easement and Assignment Agreement 3. 4. Reference Number(s) of Documents assigned or released: Additional reference Ws on page of document No reference Grantor(s) Exactly as name(s)appear on document 1. 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,c,lot,block,plat or section,township,range) f Additional legal is on page of document. Assessor's Property Tax ParceVAccount Number 0 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 veri the accuracy or com leteness 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 t of the original document as a result of this request." _ Signature of Requesting Party Note to s mitter:Do sig above n pay additional$50 fee if the document meets margin/formatting requirements 'G i I Prepared by and'Roow*4*;.._ 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 1.0 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 Xa,201 the"Effective Date"),by and between Heather Murphy("Grantor")and American Tower Asset Sub,LLC,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 Ared'); and (ii) a perpetual, non-exclusive easement(the"Access and UtilltyEasement";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 Ared'; 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, Site No:310513 ` Site Name:Allyn I �v i 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. S. 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 i 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 Easement Areas 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 cr 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 Partlee) 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 right to 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 EasementArea 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 any time 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 Grantors 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 not constitute or form a part of Grantor's homestead,or,in the eventthat 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 furnish 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 li 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 Securitization Rights: Estoppel. 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`h 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 everyone 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. 5everabili . 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 party to such action or proceeding shall pay to the prevailing parry 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 Aparovals/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 Grantee in making application for and/or otherwise obtaining all licenses,permits,and any other necessary approvals that may be required for Grantee's intended use of the Easement Areas. 22. Assignment 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"tease"),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; Attornev-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 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. Waive . 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 Narrie:Heather Murphy Print Name: Date: D of al Signature: Print Name: WITNESS AND ACKNOWLEDGEMENT State/Commonwealth of County of t-r5-6.) On this day of 201tL,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 �Y)� JUNE 9,2022 Notary Public Print Name: �t `�4 S. �C My commission expires: _ 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: Q Signature: Title: l sod Print Name: Date: T 0 (".6 WITNESS AND ACKNOWLEDGEMENT Commonwealth of Massachusetts County of Middlesex at T' �p On this the )a day of 201_ 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 ,&ic Com.r, Notory Pub!io \ Non'�ea:fh of PAcssochjsefts Notary Public Y:ommisslon Expires My Commission Expires: {Seal)AP6127,2023 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 The north feat of the test 333 the Northwest East of tht Hest 1525 feet of tZtat part of tsse quarter, Section 1T, Township 22 Rorth, Range 1 Hest of the Wills w"a Meridian, 1ying Westerly of the Westerly Tina of State stoats No. 3; taai i*AVTZ= that part. if any, included in 100 fast vide right--ofway coaveyed to nsula Rs"Way Company by Dead dated November 28 U of Dods, page 133e , 1$9b and recorded in Vol A.ND EXC NO also public roads, if any; vhich lies Southerly of the follevins described line: 6EC'MOO at the Northwest corner of the above described tract; than4e South beginning Ease along the Heat 13ne of said tract 310 feet to tits point of baginAint of said the thenct North g9.26'38" East 130 feat; thence South 31•�'28" East 230 fset; thtnca March 67•2S'o9" Feat 308.48 feet, more or lasso to the East lira of the $aid tract and the terminus of said Line. (Also ktrovn as Lot E of Survey recorded under Auditor's File Mo. 409449, records Of Mason County. Washington.) 113CETHER WM a 30 foot noer-oxclwtw aaas=ent far ingress. over, under aed across the egi"sss and utilieies South 30 feet of Lot A of Survey teeorded under Auditor's Fllt No. 409449. end over, under &ad across the East 30 feet of the South 1S0 feet of said Lot A. And being known as Mason County,Washington parcel:12217-22-00032. !i 4 Site No:310513 Site Name:Allyn EXHIBIT"B" Exclusive Easement Area This Exhibit 8 may be replaced with descriptions and/or depictions from on 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 -HAT PORTION OF LOT B,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 B;THENCE SOUTH 89'16'05'EAST(NORTH 89'26'38'EAST-RECORD OF SURVEY)ALONG THE SOUTH LINE THEREOF A DISTANCE OF 20.09 FEET;THENCE NORTH 00'43'56"EAST AT RIGHT ANGLES A DISTANCE OF 20.46 FEET TO 'HE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED AREA;THENCE NORTH 00'00'00"EAST A DISTANCE OF 50.00 FEET;THENCE NORTH 90°00' 00'EAST A DISTANCE OF 60.00 FEET.THENCE SOUTH 00`00'DO'EAST A DISTANCE OF 50.00 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 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 8,ACCORDING TO THE SURVEY RECORDED IN VOLUME 9 OF SURVEYS,PAGE 167,UNDER AUDITORS FILE NO.4D9449 MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 15.00 FEET IN WIDTH,7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT B;THENCE S 89'16'05"E(N 89'26'38'E,RECORD OF SURVEY)ALONG THE SOUTH LINE THEREOF A DISTANCE OF 20.09 FEET;THENCE N DO"43'55"E AT RIGHT ANGLES A DISTANCE OF 20.46 FEET;THENCE N DO'00'00"E A DISTANCE OF 50.0C FEET;THENCE N 90`00'OC"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 75A7 FEET;THENCE N 00'03'47'W A DISTANCE OF 30 90 FEET;THENCE N 13'06'37 W A DISTANCE OF 30.64 FEET;THENCE N 08'23'45'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 24.29 FEET;THENCE N 34"OO'33"E A DISTANCE OF 27,39 FEET;THENCE N 28'10'32"E A DISTANCE OF 27.23 FEET;THENCE N 13'12'09'E A DISTANCE OF 26.48 FEET;THENCE N 01'10'65"W A DISTANCE OF 24.90 FEET;THENCE N 09'50'46"W A DISTANCE OF 33.68 FEET;THENCE N 03'4311'W A DISTANCE OF 26.37 FEET;THENCE N 16'0324"E A DISTANCE OF 24,81 FEET;THENCE N 22"11'38'E A DISTANCE OF 25.56 FEET TO A POINT ON THE NORTH LINE OF SAID LOT B,DISTANT THEREON 57.20 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. This Instrument is being filed as an accomodation only. It has not been examined as to its execution, insurability or affect on title. a i Site No:310513 Site Name:Allyn LEGAL DESCRIPTION: PARENT PARCEL-AS PROVIDED: -- uT PROPERTY LOCATED IN MASON,WA ALL THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY: T { a K+ kI ® 1 THE NORTH 820 FEET OF THE EAST 535 FEET OF THE WEST 1525 FEET OF THAT PART OF THE y'`°^ r -'•tea° NORTHWEST QUARTER,SECTION 17,TOWNSHIP 22 NORTH, 19807 NORTH CREEK PKWY N RANGE 1 WEST OF THE WILLAMETTE MERIDIAN,LYING WESTERLY OF THE WESTERLY LINE OF 8 STATE ROUTE NO.3;EXCEPTING THAT PART,IF ANY, I INCLUDED IN 100 FEET WIDE RIGHT-OF-WAY CONVEYED TO PENINSULA RAILWAY COMPANY BY I DEED DATED NOVEMBER 28,1890 AND RECORDED IN n �LO VOLUME U OF DEEDS,PAGE 133;AND EXCEPTING ALSO PUBLIC ROADS,IF ANY;WHICH LIES C11'j /Y � ^ SOUTHERLY OF THE FOLLOWINGlJl°1 DESCRIBED LINE: j BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED TRACT;THENCE SOUTH 0'58'13"EAST ALONG THE WEST LINE OF SAID TRACT 310 I FEET TO THE POINT OF BEGINNING OF SAID LINE;THENCE C + I NORTH 89'26'38"EAST 130 FEET;THENCE SOUTH 31'08'08"EAST 230 FEET;THENCE NORTH _ - - 67'25'09"EAST 308.48 FEET,MORE LESS,TO THE EAST LINE OF THE SAID TRACT AND THE - EXISTING ELECTRIC TERMINUS OF SAID LINE. METER / (ALSO KNOWN AS LOT 8 OF SURVEY RECORDED UNDER AUDITOR'S FILE NO.409449,RECORDS / \ OF MESON COUNTY,WASHINGTON.) -7/� / \ TOGETHER WITH A 30 FOOT NON-EXCLUSIVE EASEMENT FOR INGRESS,EGRESS AND UTILITIES I N F I N I G Y� OVER,UNDER AND ACROSS THE SOUTH 30 FEET OF LOT 1 A OF SURVEY RECORDED UNDER AUDITOR'S FILE NO.409449,AND OVER,UNDER AND ACROSS f THE EAST 30 FEET OF THE SOUTH 150 FEET OF SAID LOT EXISTINGI6-0" 1 \ A FROM ZERO TO INFINIGY METAL GATE I (� \ AND BEING THE SAME PROPERTY CONVEYED TO HEATHER MURPHY,A SINGLE PERSON FROM the solutions are endless HEATHER MURPHY PERSONAL REPRESENTATIVE OF THE 50 116TH AVE SE,SUITE 210 I I ESTATE OF JOHN W.MURPHY,DECEASED BY PERSONAL REPRESENTATIVE'S DEED DATED BELLEVUE,WA 98004 -EXISTING 30'-0"ACCESS NOVEMBER 10,1998 AND RECORDED NOVEMBER 13,19981N t ' \ AND UTILITY EASEMENT INSTRUMENT NO.678817. I 1 \ ATC EASEMENT AREA-AS PROVIDED,AS SURVEYED:(SEE SURVEYOR'S NOTE 8) EXISTING THAT PORTION OF LOT B,ACCORDING TO THE SURVEY RECORDED IN VOLUME 9 OF SURVEYS, T-MOBILE SITE: COMM VAULT ni PAGE 167,UNDER AUDITOR'S FILE NO.409449,MORE SE06056A PARTICULARLY DESCRIBED AS FOLLOWS: ALLYN-ATC \ BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT B;THENCE SOUTH 89'16'05"EAST (NORTH 89'26'38"EAST-RECORD OF SURVEY)ALONG THE i tp SOUTH LINE THEREOF A DISTANCE OF 20.09 FEET;THENCE NORTH 00"43'55"EAST AT RIGHT 1 1 l ANGLES TO SAID SOUTH LINE A DISTANCE OF 20.46 FEET TO ATC SITE: THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBEDAREA;THENCE NORTH 00'Od 00" 310513 I EAST A DISTANCE OF 50.00 FEET;THENCE NORTH 90'00'\ 00"EAST A DISTANCE OF 50.00 FEET;THENCE SOUTH 00'00'00"EAST A DISTANCE OF 50.00 FEET; ALLYN THENCE SOUTH 90'00'W'WEST A DISTANCE OF 50.00 / \ / FEET TO THE TRUE POINT OF BEGINNING. EAST 19941 HIGHWAY 3 1 ✓ / ' SITUATED IN MASON COUNTY,WASHINGTON AND CONTAINING APPROXIMATELY 0.06 ACRES. 15 FOOT ACCESS AND UTILITY EASEMENT-AS PROVIDED,AS SURVEYED:(SEE SURVEYOR'S ALLYN,WA 98524 NOTE 8) MASON COUNTY THAT PORTION OF LOT B,ACCORDING TO THE SURVEY RECORDED IN VOLUME 9 OF SURVEYS, ' PAGE 167,UNDER AUDITORS FILE NO.409449 MORE J PARTICULARLY DESCRIBED AS FOLLOWS: 150I-0I MONOPOLE A STRIP OF LAND 15.00 FEET IN WIDTH,7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOTS;THENCE S 89`1605"E(N 89'26'38"E, RECORD OF SURVEY)ALONG THE SOUTH TINE THEREOF A DISTANCE OF 20.09 FEET;THENCE N 00'43'55"E AT RIGHT ANGLES TO SAID SOUTH LINE A DRAWINGS ISSUED FOR: DISTANCE OF 20.46 FEET;THENCE N 00'00'W'E A DISTANCE OF 1� APN: 12217-22-00032 50.00 FEET,THENCE N 90'0900"E A DISTANCE OF 7.96 FEET TO THE TRUE POINT OF BEGINNING REV. DATE DRAWN DESCRIPTION QAIQC LOT:B OF THE HEREIN DESCRIBED CENTERLINE;THENCE N A o0rov19 RCA PRELIMINARY REVIEW PD \ 00'41'31"E A DISTANCE OF 75.17 FEET;THENCE N 00'03'47"W A DISTANCE OF 30.90 FEET;THENCE l I N 13`06'37"'W A DISTANCE OF 30.64 FEET,THENCE N 0 07na20 JGB 100%CONSTRUCTION PO 08'23'45"WA DISTANCE OF 31.13 FEET;THENCE N OW2720"E A DISTANCE OF 27.40 FEET;THENCE N 14*47112"E A DISTANCE OF 20.92 FEET;THENCE N �} 28'44'28"E A DISTANCE OF 24.29 FEET;THENCE N 34-00'33"E A DISTANCE OF 27.39 FEET;THENCE APPROVE V I N 28'1 O'3T'E A DISTANCE OF 27.23 FEET;THENCE N I 13'12'09"E A DISTANCE OF 25.48 FEET,THENCE N 01-10-55"W A DISTANCE OF 24.90 FEET;THENCE EXISTING T-MOBILE LEASE MASON COUNTY MD PLANNING N 09'50'46"W A DISTANCE OF33.56 FEET;THENCE N AREA WITHIN EXISTING ATC 03'43'11"WA DISTANCE OF 26.37 FEET;THENCE N 16-03'24"E A DISTANCE OF 24.81 FEET;THENCE I I I I S PLAN RE©V� 'TO �� ON $� N 22'11'38"E A DISTANCE OF 25.56 FEET TO A POINT ON 1 COMPOUND(SEE SHEET A-2) THE NORTH LINE OF SAID LOT B,DISTANT THEREON 57.26 FEET EASTERLY OF THE NORTHWEST CHAN t SUIBJET TO APPROVAL I CORNER THEREOF AND THE TERMINUS OF THE HEREIN I I EXISTING CHAIN LINK DESCRIBED CENTERLINE. I / \ FENCE ENCLOSURE SY Da>l?! / V I ALL SETBACKS ARE M1- 11INU . cA SURE h EXISTING PROPERTY LINE, - TYR(APPROXIMATE) FROM THE FURTHEST PROJECTION OF THE BUILDING a401 SHEETTFLE: INFOR7RESULT TAINED WITHIN DRAWINGS SITE PLAN IS BASDED INFORMATION AND IS NOT THF A FIELD SURVEY. SHEET NUMBER, REVISION. 1 SITE PLAN 22Y34'SCALE:1'=40'-0' A- 1 10 11'xt7'SCALE:1'=80'-0' 40 20' 0' 40' THIS DOCUMENT AND THE IDEAS AND DESIGNS ItJCOI;PORATED HEREIN,AS AN W STRUMENT OF PROFESSIONAL.SERVICE,ARE THE PROPERTY OF INFINIGY ENG WEEPING.PLLC AND ARE NOT TO BE USED,IN WHOLE OR IN PART',FOR OTHER PRLIJECTS W RHOJ'T THE W RITTEN ALNTIORIZATIGN OF fNRINIGY FNGINEERtNG,PLL.C.IT IS UNLAWFUL FOR ANY PERSON TO AMEND ANY ASPECT OF THESE DRAWINGS W ITHOI-11 THE W RITT FN APPROVAL OF THE PROVE,SIONAL.CF RECORD.