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HomeMy WebLinkAboutCTG-NC0010023 Hwy 401 Kipling Full ApplicationAPPLICATION FOR NON-RESIDENTIAL CONDITIONAL USE PERMIT Page 1 of 4 Non-Residential Conditional Use Permit Planning Department 108 E. Front Street P.O. Box 65, Lillington, NC 27546 Phone: (910) 893-7525 Fax: (910) 893-2793 Total Fee: Receipt: Permit: Date: Case #: Applicant Information Owner of Record: Applicant: Name: Name: Address: Address: City/State/Zip: City/State/Zip: E-mail: E-mail: Phone: Phone: Property Description PIN(s): ____-__-____ Acreage: acres Address/SR No.: Directions from Lillington: Deed Book: Page: Plat Book: Page: Zoning District: Township: Flood Plain & Panel: Watershed Dist: Water: Public (Harnett County) Private (Well) Sewer: Public (Harnett County) Private (Septic Tank Requested Use: Conditional Use for Required Information: (Applications will not be accepted without this information) 1. Is an Erosion and Sedimentation Control Plan required? No Yes If yes, is one on file? No Yes (Please attach a copy to your application) 2. It is recommended that all non-residential developments have preliminary discussions with NC DOT concerning driveways and other traffic issues for each project. Has this been done? No Yes Date of Meeting: NCDOT Contact: 3. Is a Driveway Permit required? No Yes If yes, is one on file? No Yes (Please attach a copy to your application) 4. Have you contacted applicable local, state, and federal agencies regarding building, fire, and other possible code compliance issues? No Yes APPLICATION FOR NON-RESIDENTIAL CONDITIONAL USE PERMIT Page 2 of 4 Sketch Plan Required: Provide a sketch plan along with application. It is strongly encouraged that sketch plans be prepared by a NC Professional Land Surveyor and that it meet the following (as applicable): TITLE BLOCK INFORMATION Name of Project & Date (Including all Revision Dates) Applicant/Owner(s) Contact Information (Name, Address, & Phone) Surveyor/Engineer Contact Information (Name, Address, & Phone) Parcel ID Number/Tax ID of Tract(s) Deed Reference of Tract(s) Zoning Classification of Tract(s) Location (Including Township, County, & State) Flood Plain Depicted & Noted (Zone, Map Number, & Effective Date) Watershed District Noted & Extent of Coverage Depicted GENERAL REQUIREMENTS Map Size 22” x 34” & Scale 1”=100’ or Larger North Point, Graphic Scale, & Vicinity Map Name(s) & Location(s) of Adjacent Property Owner(s) & Use(s) Existing Boundaries of Tract(s) Showing Bearings & Distances Gross Acreage of Development Name(s) & Right(s)-of-way of Streets & State Road Number(s), Including Notation of Public or Private Name, Location, Width, & Acreage of Additional Easement(s) & Right(s)-of-way Within or Adjacent to Site Building Envelope & Required Setbacks Existing & Proposed Utilities Signage Location, Easement, Type, & Size Existing Structure(s) Located on Site SITE PLAN Fire Hydrant(s) & Street Light(s) Noted Erosion Control Plan Submitted Hours & Days of Operation Impervious Surface (% Coverage of Lot) Hazardous Materials to be Stored on Site Existing & Proposed Mechanical Areas Existing & Proposed Trash Containment Areas Existing & Proposed Utility Areas Parking Space Typical Parking Lot Material All parking areas on site (Based on Type of Business and/or Sq. Ft.) Existing & Proposed Fencing, Screening, Gate(s) and/or Dock(s) Spillage & Pollution Prevention & Response Methods BUFFERING REQUIREMENTS Buffering Regulations (Per Harnett County Zoning Ordinance) Signatures I, as the landowner, hereby CERTIFY that the information contained herein is true to the best of my knowledge; and by accepting this Permit (if approved) shall in every respect conform to the terms of this application and to the provisions of the Statutes and Ordinances regulating development in Harnett County. Any VIOLATION of the terms above stated immediately REVOKES this Permit. I further understand this structure is not to be occupied until a CERTIFICATE OF OCCUPANCY is issued. This Permit expires 12 months (1 year) after the date the Permit is granted by the Harnett County Board of Adjustment. Property Owner Signature Date 5/8/2017 APPLICATION FOR NON-RESIDENTIAL CONDITIONAL USE PERMIT Page 3 of 4 Written Statement ** Applicant is required to answer the following questions under oath at the Board of Adjustment Meeting – Please print answers ** Public Convenience & Welfare 1. Why are you requesting this use? 2. How will this use benefit the citizens of Harnett County? On-site & Surrounding Land Uses 3. How will the use you are requesting affect the surrounding properties, residents and businesses in the area? Describe in detail why and how it will or will not affect the surrounding areas? Utilities, Access Roads, Drainage, etc… 4. Describe the driveway (width and surface) that you will be using to enter and exit the property. 5. Describe the drainage of this property. 6. How is your trash and garbage going to get to the landfill? Traffic 7. Describe the traffic conditions and sight distances at the State Road that serves the property. 8. What is the approximate distance between your driveway and the next nearest driveway or intersection? General 9. How many employees will this development employ? 10. What is the estimated investment of the development? 11. What experience do you have in the proposed field? Conditions 12. State any conditions that you would be willing to consider as part of the approved Conditional Use Permit. 13. Additional comments the Board should consider in reviewing your application: APPLICATION FOR NON-RESIDENTIAL CONDITIONAL USE PERMIT Page 4 of 4 Action by the Board of Adjustment The Board of Adjustment shall approve, modify, or deny the Application for Conditional Use Permit following the Public Hearing. In granting a Conditional Use Permit, the Board of Adjustment shall make written findings that the applicable regulations of the district in which it is located are fulfilled. With due regard to the nature and state of all adjacent structures and uses, the district within which it is located and official plans for future development, the Board of Adjustment shall also make written findings that the following provisions are fulfilled: 3.1 The requested use is in harmony with the surrounding area and compatible with the surrounding neighborhood. 3.2 The requested use will not materially endanger the public health and safety. 3.3 The requested use will not substantially injure the value of adjoining property, or, alternatively, the requested use is or will be a public necessity. 3.4 The requested use will meet all required conditions and specifications. 3.5 The requested use is in general conformance with the Harnett County Unified Development Ordinance (UDO), Land Use Plan, and other relevant adopted plans. Note: There must be four (4) Board of Adjustment members present at the meeting to hear a request for a Conditional Use Permit. Four (4) out of the five (5) board members must vote in favor of granting the Permit. If only four (4) board members are present at the meeting then all four (4) must vote in favor of granting the Permit. If three (3) or fewer members vote in favor of granting the Conditional Use Permit, the request is denied. ** I have received and read the above statement: Signature Date 5/8/2017 5/8/2017 Communications Tower Ordinance of Harnett County North Carolina Application Permit Received: ___________________________________________ _______________ Harnett County Planning Department Date HCWFC-03 Date Submitted:_____________________________ APPLICANT’S NAME: ________________________________________________________________________________ Phone: _______________________ FAX: _____________________ E-mail: _____________________________ PROPERTY OWNER: _____________________________________________ Phone: ____________________________ APPLICANT'S CONTACT: ____________________________________________________________________________ Address:____________________________________________________________________________________ Phone: _______________________ FAX: _____________________ E-mail: _____________________________ Lessor/Licensor Contact Information: Name: ______________________________________________________________________________________ Address: ___________________________________________________________________________________ Phone: _______________________ FAX: ______________________E-mail: ____________________________ Commercial Wireless Provider:_______________________________________________________________ New Structure: Yes [ ] No [ ] Co-location: Yes [ ] No [ ] Water Tower: Yes [ ] No [ ] Replace Existing Structure: Yes [ ] No [ ] Replacement (upgrade) of Existing Antennas: Yes [ ] No [ ] Stealth Attached Facility: Yes [ ] No [ ] New Stealth Antenna Support Structure: Yes [ ] No [ ] FACILITY INFORMATION: Site Address:_______________________________________________________________________________________ Latitude (NAD83): _________________________________Longitude (NAD83): _________________________________ Ground Elevation (AMSL) (ft): _______________________Total Height of Tower: (AGL) (ft)_______________________ RAD Center (ft): _____________________________________________________________________________________ TAX Parcel Identification Number: _____________________________________________________________________ Present Zoning of Property: __________________________________________________________________________ Land Use and Description of Property: _________________________________________________________________ FCC Antenna Structure Registration Number (ASR) (if applicable): __________________________________________ The following must be enclosed with this application: 1. A map (electronic preferable) of the same search ring submitted and used by the applicant’s site locator; 2. A map (electronic preferable) indicating applicant’s existing RF signal propagation; 3. A map (electronic preferable) indicating proposed new RF signal propagation; 4. A statement (electronic preferable) from a qualified individual that the applicant will comply with all FCC rules regarding human exposure to RF energy, along with the individual’s qualifications. 5. A statement (electronic preferable) from the applicant that the applicant will comply with all applicable FCC rules regarding radio-frequency interference; 6. A statement (electronic preferable) that the submitted search ring is the same as utilized in the selection of the sit; 7. Complete plans of the proposed facility to include a structural certification by a Registered Professional Engineer that the facility complies with applicable Harnett County building codes; to include, if necessary, required structural modifications; 8. A completed “County of Harnett Land Use Application” and Application Fee Communications Tower Ordinance of Harnett County North Carolina Application Permit Received: ___________________________________________ _______________ Harnett County Planning Department Date HCWFC-03 Please Note: Supplemental information may be requested for purposes of clarity or confirmation. SIDE VIEW DRAWING NOTES: FENCE NOTE: 3 72596 0 03-03-17 PRELIMINARY SITE NAME:HWY 401 KIPLINGID: CTG-NC 0010023 1 03-06-17 PRELIMINARY 2 03-07-17 CONSTRUCTION 3 05-05-17 CONSTRUCTION May 5, 2017 JKW JAS C-7GATE STOP / KEEPER DETAIL FENCEDETAILS GATE DETENT DETAIL TYPICAL FENCE ELEVATION FENCE DETAIL (SIDE VIEW) Copyright © and (P) 1988–2006 Microsoft Corporation and/or its suppliers. All rights reserved. http://www.microsoft.com/streets/Portions © 1990–2006 InstallShield Software Corporation. All rights reserved. Certain mapping and direction data © 2005 NAVTEQ. All rights reserved. The Data for areas of Canada includes information taken with permission from Canadian authorities, including: © Her Majesty the Queen in Right of Canada, © Queen's Printer for Ontario. NAVTEQ and NAVTEQ ON BOARD are trademarks of NAVTEQ. © 2005 Tele Atlas North America, Inc. All rights reserved. Tele Atlas and Tele Atlas North America are trademarks of Tele Atlas, Inc.Kipling SR0 mi0.511.52 Copyright © and (P) 1988–2006 Microsoft Corporation and/or its suppliers. All rights reserved. http://www.microsoft.com/streets/Portions © 1990–2006 InstallShield Software Corporation. All rights reserved. Certain mapping and direction data © 2005 NAVTEQ. All rights reserved. The Data for areas of Canada includes information taken with permission from Canadian authorities, including: © Her Majesty the Queen in Right of Canada, © Queen's Printer for Ontario. NAVTEQ and NAVTEQ ON BOARD are trademarks of NAVTEQ. © 2005 Tele Atlas North America, Inc. All rights reserved. Tele Atlas and Tele Atlas North America are trademarks of Tele Atlas, Inc.Kipling Search Ring0 mi0.511.5 CTG-NC0010023 Kipling, NC - AWS Propagation MapSite StudyExisting Sites CoverageOkumura Propagation Model @ -85dBm Min FS (Losses Included)00.80.81.61.62.42.43.23.201122334455miAMTC_97619 LILLINGUNITED STATES CELLAMTC_21268 CHALYBECCIC_815255 LILLINATTAMTC_280860 SMITH # CTG-NC0010023SBA_NC40177-T MameAMTC_21269 LILLINGHOLLAND & KNIGHT LKGI-10679 KGI @ 10Charter CommunicatAKiplingCape FearLuart CTG-NC0010023 Kipling, NC - AWS Propagation MapSite StudyProposed Site at 250 feetOkumura Propagation Model @ -85dBm Min FS (Losses Included)00.80.81.61.62.42.43.23.201122334455miAMTC_97619 LILLINGUNITED STATES CELLAMTC_21268 CHALYBECCIC_815255 LILLINATTAMTC_280860 SMITH # CTG-NC0010023SBA_NC40177-T MameAMTC_21269 LILLINGHOLLAND & KNIGHT LKGI-10679 KGI @ 10Charter CommunicatAKiplingCape FearLuart 1-A Certification of Location and Elevation Date of Survey: 09/22/2016 326 Tryon Rd., NC 27603 O) 919.661.6351 F) 919.661.6350 www.tepgroup.net tfish@tepgroup.net Prepared For: Erik Brooks Communications Tower Group, LLC 15720 Brixham Hill Avenue Charlotte, NC 28277 Site Ref.: CTG-10023 Site Name: Kipling TEP Job No: 72596 Structure Type: Proposed Telecommunications Tower Site Address: 4899 US Highway 401 N. Fuquay Varina, NC (Harnett County) The elevations referenced hereon are based on N.A.V.D. 1988, and are accurate to within 3 feet, more or less as determined by our survey of the subject property. The values are as follows: Existing Elevation of Site Above Mean Sea Level: 284.4 (AMSL) Proposed Elevation of Site Above Mean Sea Level: 284.4 (AMSL) The horizontal values of the above referenced point, and the geodetic coordinates thereof, were established by taking multiple readings with dual frequency Global Position Satellite Receivers and are hereby certified to be within 20 feet, more or less, based thereon. The values are as follows: NAD ’83 LATITUDE: 35° – 27 – 25.628 North LONGITUDE: 078° – 49 – 50.235 West NAD ’83 (Decimal) LATITUDE: 35.4571191° North LONGITUDE: 078.8306210° West 10-27-2016 ______________________________ ______________________ Timothy L. Fish Date Professional Land Surveyor L-4631 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2016-ASO-32402-OE Prior Study No. 2016-ASO-17579-OE Page 1 of 5 Issued Date: 03/07/2017 Erik Brooks CTG LLC 15720 Brixham Hill Avenue Suite 300 Charlotte, NC 28277 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure:Tower HWY 401 Kipling CTG-NC 0010023 Location:Kipling, NC Latitude:35-27-25.62N NAD 83 Longitude:78-49-50.23W Heights:284 feet site elevation (SE) 254 feet above ground level (AGL) 538 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: As a condition to this Determination, the structure is to be marked/lighted in accordance with FAA Advisory circular 70/7460-1 L Change 1, Obstruction Marking and Lighting, a med-dual system - Chapters 4,8(M- Dual),&12. Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen (NOTAM) can be issued. As soon as the normal operation is restored, notify the same number. It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or: _____ At least 10 days prior to start of construction (7460-2, Part 1) __X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2) This determination expires on 09/07/2018 unless: (a)the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b)extended, revised, or terminated by the issuing office. Page 2 of 5 (c)the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based, in part, on the foregoing description which includes specific coordinates , heights, frequency(ies) and power . Any changes in coordinates , heights, and frequencies or use of greater power will void this determination. Any future construction or alteration , including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this determination will be forwarded to the Federal Communications Commission (FCC) because the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (817) 222-5933. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2016-ASO-32402-OE. Signature Control No: 313604522-324440370 ( DNE ) Andrew Hollie Specialist Attachment(s) Frequency Data Map(s) cc: FCC Page 3 of 5 Frequency Data for ASN 2016-ASO-32402-OE LOW FREQUENCY HIGH FREQUENCY FREQUENCY UNIT ERP ERP UNIT 698 806 MHz 1000 W 806 824 MHz 500 W 824 849 MHz 500 W 851 866 MHz 500 W 869 894 MHz 500 W 896 901 MHz 500 W 901 902 MHz 7 W 930 931 MHz 3500 W 931 932 MHz 3500 W 932 932.5 MHz 17 dBW 935 940 MHz 1000 W 940 941 MHz 3500 W 1850 1910 MHz 1640 W 1930 1990 MHz 1640 W 2305 2310 MHz 2000 W 2345 2360 MHz 2000 W Page 4 of 5 TOPO Map for ASN 2016-ASO-32402-OE Page 5 of 5 Sectional Map for ASN 2016-ASO-32402-OE Commitment for Title Insurance ALTA PLAIN LANGUAGE COMMITMENT INFORMATION The Title Insurance Commitment is a legal contract between you and the Company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Policy contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or you as the exclusive remedy of parties. You may review a copy of the arbitration rules at <http://www.alta.org/> The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to as Requirements, Exceptions, and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, contact (888) 406-5166. TABLE OF CONTENTS INFORMATION Front Page AGREEMENT TO ISSUE POLICY Back Page CONDITIONS Back Page SCHEDULE A Insert 1. Commitment Date 2. Policies to be Issued, Amounts and Proposed Insureds 3. Interest in the Land and Owner 4. Description of the land SCHEDULE B SCHEDULE B-I ----- REQUIREMENTS Insert SCHEDULE B-II ---- REQUIREMENTS Insert SCHEDULE A Commitment 01-16027271-01T 1. Commitment Effective Date: 04/22/2016 at 7:00 AM 2. Policy (or Policies) to be issued: (a)ALTA OWNER’S POLICY 06-17-06 Policy Amount: TO BE DETERMINED Proposed Insured: TO BE DETERMINED (b) Policy Amount: Proposed Insured: (c) Policy Amount: Proposed Insured: (d) Policy Amount Proposed Insured: 3. Fee Simple Interest in the land described in this Commitment is owned, at the Commitment Date by: MARTIN PLANTATIONS, LLC 4. The land referred to in this Commitment is described as follows: SEE ATTACHED EXHIBIT “A” SITE ID: CTG NC 0010017 HWY 49 DEBRA DR EXHIBIT "A" SITUATED IN THE TOWNSHIP OF COLUMBIA, COUNTY OF RANDOLPH, STATE OF NORTH CAROLINA: PARENT PARCEL: BEGINNING AT A STAKE IN THE CENTER LINE OF STATE ROAD #2478 AT A POINT WHERE SAID CENTER LINE INTERSECTS THE NORTHERN RIGHT OF WAY LINE OF N.C. HIGHWAY NO. 49-A, AND RUNNING THENCE FROM SAID BEGINNING POINT AND ALONG THE NORTHERN RIGHT OF WAY LINE OF N.C. HIGHWAY NO. 49-A SOUTH 59 DEGREES 44 MINUTES WEST 373.80 FEET TO A STAKE MARKING THE INTERSECTION OF SAID HIGHWAY AND STATE ROAD #2479; THENCE ALONG THE NORTH SIDE OF STATE ROAD #2479 SOUTH 83 DEGREES 21 MINUTES WEST 106.58 FEET TO A STAKE, THE SOUTHEAST CORNER OF THE HOLLY CHAPEL PENTECOSTAL CHURCH LINE; THENCE ALONG SAID LINE NORTH 4 DEGREES 57 MINUTES EAST 296.83 FEET TO AN IRON PIPE; THENCE CONTINUING ALONG SAID LINE NORTH 89 DEGREES 14 MINUTES WEST 513.21 FEET TO AN IRON PIPE; THENCE CONTINUING ALONG SAID LINE SOUTH 5 DEGREES 23 MINUTES WEST 383 FEET TO AN IRON PIPE ON THE NORTH SIDE OF STATE ROAD #2479; THENCE WITHIN SAID ROAD SOUTH 60 DEGREES WEST 738.88 FEET TO A STAKE; THENCE ALONG HICKS' LINE NORTH 82 DEGREES 21 MINUTES WEST 2516.44 FEET TO A STAKE IN O.G. KIVETT'S LINE; THENCE ALONG SAID LINE NORTH 10 DEGREES 09 MINUTES EAST 660 FEET TO A STONE, PAUL EDWARDS' CORNER; THENCE ALONG EDWARDS' LINE SOUTH 84 DEGREES 12 MINUTES EAST 1674.54 FEET TO A STONE, EDWARDS' CORNER; THENCE NORTH 6 DEGREES EAST 881.48 FEET TO A POPLAR IN PUGH'S LINE; THENCE ALONG PUGH'S LINE SOUTH 88 DEGREES 24 MINUTES EAST 1355.97 FEET TO A STAKE, ADDIE MAE RILEY'S CORNER; THENCE ALONG RILEY'S LINE SOUTH 13 DEGREES 40 MINUTES WEST 165 FEET TO AN IRON PIPE ON THE NORTH SIDE OF STATE ROAD #2478; THENCE WITHIN SAID ROAD THE FOLLOWING COURSES AND DISTANCES: SOUTH 75 DEGREES 32 MINUTES EAST 176 FEET TO A STAKE, SOUTH 79 DEGREES 44 MINUTES EAST 146.85 FEET TO A STAKE, SOUTH 87 DEGREES 11 MINUTES EAST 250.45 FEET TO A STAKE, SOUTH 85 DEGREES 24 MINUTES EAST 286.20 FEET TO A STAKE AND SOUTH 3 DEGREES 28 MINUTES EAST 740.55 FEET TO THE POINT AND PLACE OF THE BEGINNING. THE DESCRIPTION AS HEREIN USED IS IN ACCORDANCE WITH A SURVEY AND PLAT PREPARED BY CLOTUS CRAVEN, REGISTERED LAND SURVEYOR, ASHEBORO, NORTH CAROLINA IN JULY 1967. LESS AND EXCEPT: THAT PORTION OF THE PROPERTY AS CONVEYED TO DONALD SCOTTON AND J. C. YORK, AS TRUSTEES AND/OR THEIR SUCCESSORS FOR THE BENEFIT OF HOLLY’S CHAPEL PENTECOSTAL HOLINESS CHURCH, BY DEED RECORDED 04/25/2016 AS BOOK 2491, PAGE 187 OF THE RANDOLPH COUNTY RECORDS, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF LOT 2 OF A PLAT FOR MARTIN PLANTATIONS, LLC, AS RECORDED IN PLAT BOOK 147, PAGE 56, RANDOLPH COUNTY REGISTRY. TAX I.D. NUMBER: 8714907324000 BEING A PORTION OF THE SAME PROPERTY CONVEYED TO MARTIN PLANTATIONS, LLC, GRANTEE, FROM BRENDA WALLMEYER, TRUSTEE OF THE BERNICE HALL HAYES ASSET PROTECTION TRUST DATED JULY 15, 2014, GRANTOR, BY DEED RECORDED 09/03/2015, AS BOOK 2457, PAGE 1255 OF THE RANDOLPH COUNTY RECORDS. LEGAL DESCRIPTION-WORD FORMAT END OF SCHEDULE A SCHEDULE B – SECTION I REQUIREMENTS THE FOLLOWING REQUIREMENTS MUST BE MET: (1) PAY THE AGREED AMOUNTS FOR THE INTEREST IN THE LAND AND/OR THE MORTGAGE TO BE INSURED. (2) PAY US THE PREMIUMS, FEES AND CHARGES FOR THE POLICY. (3)DOCUMENTS SATISFACTORY TO US CREATING THE INTEREST IN THE LAND AND/OR THE MORTGAGE TO BE INSURED MUST BE SIGNED, DELIVERED AND RECORDED. (4)YOU MUST TELL US IN WRITING THE NAME OF ANYONE NOT REFERRED TO IN THIS COMMITMENT WHO WILL GET AN INTEREST IN THE LAND OR WHO WILL MAKE A LOAN ON THE LAND. WE MAY THEN MAKE ADDITIONAL REQUIREMENTS OR EXCEPTIONS. (5) PAY ALL TAXES, CHARGES AND ASSESSMENTS WHICH ARE DUE AND PAYABLE. TAX I.D. NUMBER: 8714907324000 TAX YEAR: 2015 - ANNUAL AMOUNT: $511.24 – PAID 09/11/2015 TAX YEAR: 2016 - ANNUAL AMOUNT: NOT YET AVAILABLE – DUE 09/01/2016 TAX AUTHORITY INFORMATION: RANDOLPH COUNTY TAX COLLECTOR 725 MCDOWELL ROAD ASHEBORO, NC 27205 (336) 318-6500 NOTE: THE ABOVE REAL ESTATE TAX INFORMATION IS A REFLECTION OF THE TAX AUTHORITY RECORDS AVAILABLE AS OF THE DATE HEREOF. PLEASE NOTE THAT PRIOR TO CLOSING, SETTLEMENT AGENT IS ADVISED TO CONTACT TAXING AUTHORITY TO VERIFY ANY CHANGES TO THE RECORD. CONTINUED NEXT PAGE SCHEDULE B-I CONTINUED (6) WITH RESPECT TO MARTIN PLANTATIONS, LLC THE FOLLOWING MUST BE SUBMITTED: A.) A CERTIFIED TRUE COPY OF THE ARTICLES OF ORGANIZATION ON FILE WITH THE STATE IN WHICH THE LIMITED LIABILITY COMPANY IS ORGANIZED AND ALL AMENDMENTS THERETO. B.) A CERTIFIED TRUE COPY OF THE CERTIFICATE OF ORGANIZATION OF LIMITED LIABILITY COMPANY. C.) A CURRENT CERTIFICATE OF GOOD STANDING FOR THE LIMITED LIABILITY COMPANY ISSUED BY THE STATE IN WHICH THE COMPANY IS ORGANIZED. D.) A CERTIFIED TRUE COPY SHOWING THE NAMES OF ALL CURRENT MEMBERS OF THE LIMITED LIABILITY COMPANY. E.) A CERTIFIED TRUE COPY OF ANY OPERATING AGREEMENT AND ALL AMENDMENTS THERETO TOGETHER WITH A CERTIFICATION THAT THERE IS NO OTHER OPERATING AGREEMENT, EITHER WRITTEN OR ORAL; OR IF THERE IS NO OPERATING AGREEMENT, A CERTIFICATION STATING THAT THERE IS NONE. F.)A CERTIFIED TRUE COPY SIGNED BY ALL MEMBERS OF THE LLC AGREEING TO THE CONVEYANCE BY MARTIN PLANTATIONS, LLC TO (TO BE DETERMINED) IN THE AMOUNT OF (TO BE DETERMINED). G.) SUCH OTHER REQUIREMENTS AS MAY BE MADE FOLLOWING A REVIEW OF THE LLC ORGANIZATIONAL DOCUMENTS REQUIRED ABOVE. END OF SCHEDULE B-I SCHEDULE B – SECTION II EXCEPTIONS ANY POLICY WE ISSUE WILL HAVE THE FOLLOWING EXCEPTIONS UNLESS THEY ARE TAKEN CARE OF TO OUR SATISFACTION. (1) FACTS WHICH WOULD BE DISCLOSED BY A COMPREHENSIVE SURVEY OF THE PREMISES HEREIN DESCRIBED. (2) RIGHTS OR CLAIMS OF PARTIES IN POSSESSION OR RIGHTS OF TENANTS IN POSSESSION AS TENANTS ONLY UNDER UNRECORDED LEASES. (3) MECHANICS', CONTRACTORS' OR MATERIAL MEN'S LIENS AND LIEN CLAIMS, IF ANY, WHERE NO NOTICE THEREOF APPEARS OF RECORD. (4) ANY CHANGES IN TITLE OCCURRING SUBSEQUENT TO THE EFFECTIVE DATE OF THIS COMMITMENT AND PRIOR TO THE DATE OF ISSUANCE OF THE TITLE POLICY. (5) TAXES AND SPECIAL ASSESSMENTS FOR CURRENT TAX YEAR DUE AND ALL SUBSEQUENT YEARS. (6) DELETING FROM ANY INSTRUMENT IN THE PUBLIC RECORDS REFLECTED HEREIN, ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN TO THE EXTENT SUCH MATTERS VIOLATE 42 USC 3604(c). (7) RIGHT OF WAY AGREEMENT IN FAVOR OF STATE HIGHWAY COMMISSION, RECORDED 03/13/1969 IN BOOK 989, PAGE 68 OF RANDOLPH COUNTY RECORDS. (8) TIMBER DEED, BY AND BETWEEN BERNICE HALL HAYES, AND JIMMY WARD HARDWOODS, INC., RECORDED 03/27/1990, IN BOOK 1255, PAGE 638 OF THE RANDOLPH COUNTY RECORDS. (9) EASEMENT IN FAVOR OF RANDOLPH ELECTRIC MEMBERSHIP CORPORATION, RECORDED 05/03/1993, AS BOOK 1355, PAGE 1663 OF THE RANDOLPH COUNTY RECORDS. SUPPORTING DOCUMENTS END OF SCHEDULE B-II Commitment to Insure ALTA PLAIN LANGUAGE COMMITMENT AGREEMENT TO ISSUE POLICY We agree to issue a policy to you according to the terms of this commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six (6) months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-I. The Exceptions in Schedule B-II. The Conditions below. This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B. CONDITIONS 1. Definitions. (a) “Mortgage” means mortgage, deed of trust or other security instrument. (b) “Public Records” means title records that give constructive notice of matters affecting your title – according to the state statutes where your land is located. 2. Later Defects. The Exceptions in Schedule B – Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attach between the Commitment Date and the date of which all of the Requirements (a) and (c) of the Schedule B – Sections I are met. We shall have no liability to you because of this amendment. 3. Existing Defects. If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. Limitation Of Our Liability. Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements in Schedule B – Section I or Eliminate with our written consent any Exceptions shown in Schedule B – Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. Claims Must Be Based On This Commitment. Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory. Issued through the Office of: US 401 NCH R I S T I A N L I G H T R O A D SR 1 4 1 2 BRADLEY ROADSR 1431BALLARD R O A D SR 1437 NOTES: LEGEND 0 72596 0 01-10-17 LEASE EXHIBITDO NOT USE FORCONSTRUCTIONLEASE EXHIBITSITE NAME:HWY 401 KIPLINGID: CTG-NC 0010023 JKW JAS L-1SITE PLAN LEASE EXHIBIT 0 72596 0 01-10-17 LEASE EXHIBITDO NOT USE FORCONSTRUCTIONLEASE EXHIBITSITE NAME:HWY 401 KIPLINGID: CTG-NC 0010023 JKW JAS L-2COMPOUND DETAIL COMPOUNDDETAIL NOTES:0 72596 0 01-10-17 LEASE EXHIBITDO NOT USE FORCONSTRUCTIONLEASE EXHIBITSITE NAME:HWY 401 KIPLINGID: CTG-NC 0010023 JKW JAS L-3 TOWER ELEVATION TOWER ELEVATION 336-681-6166 dale@plantecservices.com 2028 Walker Ave, Greensboro, NC 2740 David H. McRae, Planner I Harnett County Development Services Department 108 E. Front Street Lillington, NC 27546 910-893-7525 RE: Regulatory Compliance Dear Mr. McRae: Communication Towers Group, LLC has been engaged to develop a facility in Harnett County the proposed tower will meet or exceed all FCC regulatory requirements regarding non-ionizing electromagnetic radiation (NIER) human exposure levels as well as all FAA related Airspace hazard requirements and meeting all requirements of the NEPA. I am a professional city planner with a MCRP from Clemson University who specializes in wireless development and all aspects of regulatory compliance. I have worked in the industry since 1995 and now working as a consultant for Communication Towers Group, LLC and responsible for local, state, and federal permitting and regulatory compliance for Communication Towers Group, LLC communication towers. The proposed towers will be designed to withstand wind speeds and forces as needed by State and local building regulations as well as those standards defined by the American National Standards Association (ANSA) specifications. The Company carries extensive liability insurance and typically agrees as part of our leases to assume responsibility for certain damages or injuries resulting from our operations. As a part of all Communication Towers Group, LLC tower construction projects, Communication Towers Group, LLC will ensure that Federal Communications Commission (FCC) licensed users of the structure will file for certifications needed by the FCC that attest to the fact that the proposed communication facility follows all current FCC rules and regulations for non-ionizing electromagnetic radiation (NIER) regarding human exposure levels. The development plans for each proposed site indicates the location that required signage would be placed on the gate of the facility and on the base of the tower. The effect of wireless (cellular/digital/pcs) radio frequencies on AM and FM signals, TV transmissions, and other used portions of the radio spectrum is considered negligible by the industry's regulatory agencies. Communication Towers Group, LLC will ensure that all FCC licensed providers will adhere to all applicable FCC rules regarding radio-frequency interference. Should there be any question, concern, or complaint that any interference is occurring Communication Towers Group, LLC will ensure the suspected interfering party procure a co-location interference analysis report from a qualified firm and take whatever corrective action is required to maintain FCC compliance. Please feel free to contact me anytime by phone or email as indicated below. Sincerely, Dale Finocchi C: 336-681-6166