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HomeMy WebLinkAboutGrant of Easement and Assignment of Lease - OT General - 7/27/2010 a V FCORDING REQUESTED BY AND 1960605 MASON CO WA 07127121I0`1f0 03I:4`1 PM IEAISMTITLE INS Co ,{AI5LSE STE�VART TITLE GUARAN 1'Y-N TS �111141 11"IE 111 111 1h�hil 1111 IN 111��1 f11l13111111111111111111 I1.l11111 � pas°s 18 Shirley Arnold 1980 Post Oak Blvd., Suite 610 Houston,TX 77056 1033/.;P8J AFFMAT NO..MK ......... WA R. E. EXCISE TAX ,JUL 2 7 2010 PAID 3-0- Qo - - LISA FMIER Treas., Mason County GRANT OF EASEMENT AND ASSIGNMENT OF LEASE .^�:*(it Grantor: S & J Johnson, LLC,a Washington limited liability company Grantee: Global Signal Acquisitions IV LLC, a Delaware limited liability company Abbreviated Legal Ptn. of SW %4 of SE ''A Sec 21, T.23 N., R. 1 W., W.M., Description: Mason County, WA Assessor's Tax Parcel ID #: 123213400030 Prior Recorded Document(s) April 23, 1996 at Instrument No. 625764 in Mason County: January 11, 2002 at Instrument No. 1747101 January 13, 2003 at Instrument No. 1772201 Site ID: Belfair(880354) The legal description of the property conveyed herein can be found on Exhibit C. GRANT OF EASEMENT AND ASSIGNMENT OF LEASE THIS GRANT OF EASEMENT AND ASSIGNMENT OF LEASE (the "Easement") is made this 1p'* day of , 2010, by and between S & J JOHNSON, LLC, a Washington limited liabili co any, having a mailing address of P.O. Box 488, Belfair, Washington 98528 ("Grantor") and GLOBAL SIGNAL ACQUISITIONS IV LLC, a Delaware limited liability company, with its national headquarters located at 2000 Corporate Drive, Canonsburg, Pennsylvania 15317 ("GSA IV or Grantee"). 1. Description of Grantor's Property. Grantor is the owner of that certain land and premises in Belfair, County of Mason, State of Washington, by Quitclaim Deed recorded on June 30, 2005, at Instrument No. 1842108, in the Public Records of Mason County, Washington, the description of said property is attached hereto as Exhibit "A" (hereinafter "Grantor's Property"). 2. Description of Easement. For good and valuable consideration, the actual consideration being the receipt and sufficiency of which the parties hereby acknowledge, Grantor grants and conveys unto GSA IV, its successors and assigns, forever, an exclusive, perpetual casement for the use of a portion of Grantor's Property, that portion being described as an irregular shaped 924.49 square foot parcel within Grantor's Property (the "Easement Area"), as such Easement Area is more particularly shown in the Site Plan attached hereto as Exhibit "B" and described by metes and bounds in Exhibit "C-1"attached hereto. The Grantor also grants to GSA IV, its successors and assigns, as part of this Easement, a non-exclusive, perpetual right-of-way for ingress and egress, seven days per week, twenty-four hours per day, on foot or motor vehicle, including trucks, along an irregular shaped 1,987 square foot area extending from the nearest public right-of-way to the Easement Area, together with the right to install, replace and maintain utility wires, poles, cables, conduits and pipes (the "Access Easement"), as is more particularly shown in the Site Plan attached hereto as Exhibit "B" and described by metes and bounds in Exhibit "C-2" (hereinafter the term "Easement Area" shall be deemed to also include the Access Easement unless stated to the contrary). In the event any public utility is unable or unwilling to use the above-described Access Easement, Grantor hereby agrees to grant an additional right-of-way, in form satisfactory to GSA IV, either to GSA IV or directly to the public utility at no cost and in a location acceptable to either GSA IV or the public utility (the "Additional Access Easement"). For any such Additional Access Easement to be effective, such easement shall be recorded among the Public Records of Mason County, Washington. Also, Grantor hereby grants to GSA IV, its successors and assigns a non-exclusive construction and maintenance easement over any portion of Grantor's Property that is reasonably necessary, in GSA IV's discretion, for any construction, repair, maintenance, replacement, demolition and removal related to the Permitted Use (defined below), and GSA IV shall restore such portion of Grantor's Property to its original condition after its use of the construction and maintenance easement. 2 Site Name: Belfair BUN: 880354 3. Easement Area. The Easement Area shall be used for constructing, maintaining and operating communications facilities, including without limitation, tower structures, antenna support structures, cabinets, meter boards, buildings, antennas, cables, equipment, and uses incidental thereto for GSA IV's use and the use of its lessees, licensees, and/or sub-easement holders (the "Permitted Use"). It is the intent of the parties that GSA IV's communications facilities shall not constitute a fixture. Grantor acknowledges that Grantor has no right to object to or approve any improvements to be constructed by GSA IV on the Easement Area. if requested by GSA IV, Grantor will execute, at GSA IV's sole cost and expense, all documents required by any governmental authority in connection with any development of, or construction on, the Easement Area, including documents necessary to petition the appropriate public bodies for certificates, permits, licenses and other approvals deemed necessary by GSA IV in GSA IV's absolute discretion to utilize the Easement Area for the Permitted Use. Grantor agrees to be named applicant if requested by GSA IV. In furtherance of the foregoing, Grantor hereby appoints GSA IV as Grantor's attorney-in-fact to execute all land use applications, permits, licenses and other approvals on Grantor's behalf. Grantor shall be entitled to .no further consideration with respect to any of the foregoing matters. Grantor shall take no action that would adversely affect the status of the Easement Area with respect to the Permitted Use. 4. Expansion Option. As further consideration for the purchase price of this Easement, Grantee shall have the irrevocable option ("Option") to purchase a perpetual easement over a maximum of two thousand (2,000) square feet of real property located to the west and adjacent to the Easement Area at a location to be determined at Grantee's sole discretion ("Additional Easement Area") on the same terms and conditions set forth in the Easement. Grantee may conduct any reasonable due diligence activities on the Additional Easement Area at any time after full execution of this Easement. If Grantee elects to exercise the Option, Grantee shall pay a purchase price per square foot for the Additional Easement Area equal to the purchase price per square foot that Grantee paid to Grantor for the Easement Area pursuant to the Easement. Grantee may exercise the Option by providing written notice to Grantor at any time. Within 30 days after Grantee's exercise of the Option, Grantor agrees to execute and deliver any additional easement, amendment to the Easement, and any other documents necessary to grant and record Grantee's interest in the Additional Easement Area. In addition, within 30 days after Grantee's exercise of the Option, Grantor shall obtain and deliver any documentation necessary to free the Additional Easement Area from any mortgages,deeds of trust, liens or encumbrances. 5. Perpetual Easement. This Easement and GSA IV's rights and privileges hereunder shall be perpetual and may be terminated only as provided for herein. 6. GSA IV's Risht to Terminate. GSA IV shall have the unilateral right to terminate this Easement for any reason. Said termination shall be effective upon GSA IV providing written notice of termination to Grantor. Upon termination of this Easement, this Easement shall become null and void and all of the parties shall have no further obligations to each other. Upon termination of this Easement, GSA IV shall, within a reasonable time, remove 3 Site Name: Belfair BUN: 880354 IN WITNESS WHEREOF, Grantor and GSA IV, having read the foregoing and intending to be legally bound hereby, have executed this Grant of Easement as of the day and year first written above. GRANTOR: S &J JOHNSON, LLC,a Washington limited liabilitycompany P Y By: ly�dmvfl Print Name: i Y) Title: LIMITED LIABILITY COMPANY STATE OF WASH 06Ta0 ) )SS. COUNTY OF Min) ) I certify that I know or have satisfactory evidence that LEN&a A.,To"sm is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the (MG LAiiLV of S & J JOHNSON, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: 7-12 —d010 Notary Seal %11s111011ii se t _ {Sid ature of Not ) x _ �+ ul V I, . VoSkpj , me of Notary) , F yy�5 ,�`` Notary Public forStamptye State of Washington My appointment expires: !O-31 -.101 10 Site Name: Belfair BUN:880354 GSA IV GLOBAL SIGNAL ACQUISITIONS IV LLC, a Dela aLlimilinbility compay By: Print me: SR, s r Moo Title: a to -Land Ac u iti 0 erations LIMITED LIABILITY COMPANY STATE OF S ) )SS. COUNTY OF ON&EV ) I certify that 1 know or have satisfactory evidence that 110bkq is the person who appeared before me, and said person acknowledged that said person signed 6iis instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the big&Mf� of GLOBAL SIGNAL ACQUISITIONS IV LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: Notary Seal ' NotP4SW;tt exas • :, Expires %�• „j • I�p11t014t)14 (Signa re o Notary .T tr Y�sN (Legibly Print or Stamp Name of Notary) jAs Notary Public in and for the State of Weel gt My appointment expires: 'fi''-t•-1 I1 Site Name: Belfair BUN: 880354 EXHIBIT "A" TO GRANT OF EASEMENT [Description of Grantor's Property] A)All that portion of the following described tract of land which lies Westerly of the Westerly right-of-way line of the U.S.Navy Railroad,as conveyed to the United States of America in(feed recorded July 5, 1945,Auditor's File No. 111325: A tract of land in the Southeast (quarter S q E 1/4)of the Southwest quarter(SW 1/4)of Section twenty one(21),Township twenty three(23)North, Range one(1)West, W.M.,particularly described as follows: BEGINNING at the Northwest corner of said Southeast quarter(SE 1/4)of the Southwest quarter(SW 1/4); thence South, along the West line of said Southeast quarter(SE 1/4)of the Southwest quarter(SW 1/4), 770 feet; thence East to the Northwesterly right-of-way line of State Route 3; thence Northeasterly,along said Northwesterly right-of-way line, to the East line of said Southeast quarter(SE 1/4)of the Southwest quarter(SW 1/4); thence North,along said East line, to the Northeast corner of said Southeast quarter(SE 1/4)of the Southwest quarter(SW 1/4); thence West,along the North line of said Southeast quarter(SE 1/4)of the Southwest quarter (SW 1/4),to the POINT OF BEGINNING, B)All that portion of the Southeast quarter(SE 1/4)of the Southwest quarter(SW 1/4),and of the Southwest quarter(SW 1/4) of the Southeast quarter(SE 1/4), all in Section twenty one(21), Township twenty three(23)North, Range one(1) West, W.M.,particularly described as follows: COMMENCING at the South quarter corner of said Section twenty one(21);thence North 0'26'18"East,along.the North-South centerline of said Section, 1305.67 feet,to the Northeast corner of said Southeast quarter(SE 1/4)of the Southwest quarter(SW 1/4); thence South 44002'56" East, 189.33 feet;thence South 45°57'04" West, 344.34 feet, to the POINT OF BEGINNING of the tract of land hereby described;thence North 44°02'56" West, 71.55 feet,to the beginning of a curve to the left having a radius of 100.00 feet; thence Westerly, along said curve,through a central angle of 56°45'14" for an arc distance of 99.05 feet; thence South 79°11'50" West,337.35 feet,to the beginning of a curve to the right having a radius of 100.00 feet;thence Westerly, along said curve,through a central angle of 23°56'08"for an arc distance of 41.78 feet,to the Easterly right-of-way line of the U.S. Navy Railroad,as conveyed to the United States of America in deed recorded July 5, 1945,Auditor's File No. 111325,at a point on a curve,concave to the East, the radius point of which bears South 76°52'02"East, 1071.28 feet; thence Southerly,along said curve,and along said Easterly right-of-way line,through a central angle of 28°25'10"for an are distance of 5 31.37 feet;thence continuing along said Easterly right-of-way line, South 150 17'12"East, 2 95.71 feet, and South 74°42'48" West, 5.00 feet,and South 15117'12" East, 38.06 feet,to the Northwesterly right-of-way line of State Route 3; thence, along said Northwesterly right-of-way line,North 49024'05"East, 80.53 feet,to the Site Name:Belfair BUN:880354 beginning of a curve to the left having a radius of 5680.00 feet; thence Northeasterly along said curve,and along said Northwesterly right-of-way line, through a central angle of 0°4228" for an arc distance of 70.17 feet; thence North 41°18'24" West, along a radial, 20.00 feet, to a point on a curve, the radius point of which bears North 41°18'24" West 5660.00 feet; thence Northeasterly, along said curve, and along said Northwesterly right-of-way line, through a central angle of 2'25'16" for an arc distance of 23 9.17 feet; thence South 43°43'40" East, along a radial line, 20.00 feet, to a point on a curve, the radius point of which bears North 43°43'40" West, 5680.00 feet; thence Northeasterly, along said curve, and along said Northwesterly right- of-way line, through a central angle of 0°19'16" for an arc distance of 31.82 feet; thence North 45°57'04" East, 457.82 feet,to a point thereon which lies South 44°02'56" East from the point of beginning; thence North 44°02'56" West, 320.59 feet , to the POINT OF BEGINNING. Said land being also known and described as the resulting Parcel 1 of Boundary Line Adjustment No, 03-14 Rev. 1, recorded April 17, 2003, Auditor's File No. 1779502, rerecorded June 3, 2003, Auditor's File No. 1783214. TOGETHER WITH an easement for a term of fifty (50) years for the construction, installation, use, operation, maintenance, repair and replacement of an access road and utility corridor for underground water, power and telephone lines, 40 feet in width, as granted in instrument recorded August 2, 2001, Auditor's File No. 1736629. TOGETHER WITH and SUBJECT TO an easement for access and utility purposes, 80 feet in width, as set forth on the map of Boundary Line Adjustment No. 03-14, recorded April 17, 2003, in Volume 28 of Surveys, page 106, Auditor's File No. 1779501. TOGETHER WITH and SUBJECT TO an easement for access and utility purposes, 40 feet in width,as set forth on the map of Boundary Line Adjustment No. 03-14, recorded April 17, 2003, in Volume 28 of Surveys, page 106, Auditor's File No. 1779501. Site Name: Belfair BUN:880354 EXHIBIT "B" TO GRANT OF EASEMENT [Site sketch including access road to property] Site Name: Belfair BUN: 880354 Sllelnfolmaaon AS-BUILT SURVEY A FARM Of LAN"LOCATED IN SHE SE 1/4 Or 9t4 1404W—1WW f7rF SM 4/4 O7 SECroOn 21.TUXIM D 23 RCRD1, RAWGE t HEST.WUAVETSE HERO" BUM - W354 t UASON COUNTY.m tt3 -�- �7 2vig o&L—atlen-CC-B f I IQ-PQrcO 1 141~ 1232134f1f M STD RA` RELFAIR A O DUN j: 11=154 1 1 ersJ halo t al IAm ae- te47tOa �1 1� A➢➢RHSS: tEIUPOS7 29-0. 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Ll L2 NSM'47'p 20.25 I / Tower Easement } �.« .� 1/ 1 Area, �� / SUM WOBR PHRPORMED BY: L3 H%Y42'WT 17.70 L4 Siff27521 192" L5 SA1'43'31'E 17.Z 1 // ZI La 51714'18T 20.35 L7 1:21`3S02T 71.50 1 ; 1 // w rm LE I:17141" 12.11A 1 ----Poht of / 1.O fo L9 1024'O310 60.53 �1 - Tom Easonma / LtO 1::Shr:Yx 3&06 L9 .n4 Aeceu!tlmtr / n o I E / y 14gmrl Mft mm I am N Hem Stuck WW 2 01 Rw4Y4a'E 5.0O 2 �`�1 L12 M't51rt2'x 47.95 // 11IAR1rhhmllgrmWPttorm:pO�722ad00 L13 NTr4y4n 7.40 L14 !►aed alit to Gym I17 G 523.7T sle.ar,me"want wew U54 e.e N34 '+?z`i---` - 21 a«1. r .sent■a murM r lAal lae mar - vales my*eclion h faLL�O cod Thby at G1 Lmw Irapro.en.nls m■emmulsed.t1ah tho 28 Crow.C-U4 USA Oesubm ACiYwMI a40. 1 /p Pobt.1.-----1's- (A11.01W 6w atol r / COIVA to"dl1 Rai Rood / Right-ol-" ------�. 9 1 / CL1RVr TAHLC Mlgh" t MW LENGTH RAO115 DELTA Gs017O f7cm mm «: .r.ap i /~`.l Right-of-way lA Cl 30.78 'Lta.0O Vte 3e' Sam s.914 aev r.-_t11I►C,m1 alto In" 1 / h2 Am)".LLr �aiuwt. nii iw 0 10 20 Jnlwo A Dog4r epDle In feet ��x-4r.shaay.e PLS 4 9-tai 2 OF 4 Dole of Lasl Rrlske- t EXHIBIT "C-1" TO GRANT OF EASEMENT [Description of Easement Area. Also referred to as "Tower)Easement"I A parcel of land located in the Southeast Quarter of the Southwest Quarter of Sections 21, Township 23 North, Range 1 West, Willamette Meridian, Mason County, Washington, more particularly described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter of Section 21, from which the northeast corner of said Southeast Quarter of the Southwest Quarter of Section 21, bears North 00°26'18 East, a distance of 1305.67 feet as shown on Boundary Line Adjustment, recorded in Volume 28, Page 106, Records of Mason County; thence North 74°54'22" West, a distance of 523.73 feet to the Point of Beginning; thence South 73°33'47" West, a distance of 20.25 feet; thence North 17°14'27" West, a distance of 55.53 feet; thence North 73°42'58" East, a distance of`12.70 feet; thence South 18'27'52" East, a distance of 19.59 feet; thence South 41°43'31" East, a distance of 17.21 feet; thence South 17'1418" East,a distance of 20.35 feet to the Point of Beginning. Containing 924.49 square feet or 0.021 acres, more or less Site Name: Belfair BUN: 880354 EXHIBIT "C-2" TO GRANT OF EASEMENT [Description of Access Easement Areal A parcel of land located in the Southeast Quarter of the Southwest Quarter of Sections 21, Township 23 North, Range 1 West, Willamette Meridian, Mason County, Washington, more particularly described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter of Section 21, from which the northeast corner of said Southeast Quarter of the Southwest Quarter of Section 21, bears North 00'26'18 East, a distance of 1305.67 feet as shown on Boundary Line Adjustment, recorded in Volume 28, Page 106, Records of Mason County; thence North 74°54'22" West,a distance of 523.73 feet to the Point of Beginning; thence North 17'14'18" West along the east line of the Tower Easement, a distance of 12.84 feet; thence North 71°35'02" East,a distance of 71.59 feet to the northerly right-of-way of State Highway number 14 (US Highway 3) and the beginning of a curve to the left having a chord bearing of South 49'14"46" West, a chord distance of 30.78 feet; thence continuing along said curve to the left with a radius of 5680.00 feet, through a central angle of 00°18"38" , an arc distance of 30.78 feet; thence South 49°24'05" West along the said northerly right-of-way, a distance of 80.53 feet to the easterly right of way line of railroad; thence North 15°17'12" West along the said easterly right-of-way, a distance of 38.06 feet; thence North 74°42'48" East along the said easterly right-of-way, a distance of 5.00 feet; thence North 15'17'12" West along the said easterly right-of-way, a distance of 47.95 feet; thence North 74°42'48" East leaving the said easterly right-of-way, a distance of 2.40 feet to the northwest corner of the Tower Easement; thence South 17°14'27" East along the west line of the Tower Easement, a distance of 55.53 feet to the southwest corner of the Tower Easement: Site Name: Belfair BUN:880354 thence North 73°33'47" East along the southerly line of the Tower Easement,a distance of 20.25 feet to the southeast corner of the Tower Easement and the Point of Beginning; Containing 1987 square feet or 0.046 acres, more or less Legal Descriptions for Exhibits C-1 and C-2 prepared by: h2 Surveying, LLC 8880 N. [less, Suite 2 Hayden, ID 83835 208-772-6600 Site Name: Belfair BUN:880354