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HomeMy WebLinkAboutSE202200063 Agreements 2022-11-01 (2)oL- Albemarle County, VA Debra M. Shipp Ciruit Clerk 501 East Jefferson St. Charlottesville, VA 22902 Phone Number: (434)972-4083 Fax Number: (434)293-0298 Official Receipt: 2014-00010583 Printed on 08/05/2014 at 12:07:22 PM By: 16 on CIRCOURT_005490 PENNINGTON LAW FIRM L L C Date Recorded: 08/05/2014 Instrument ID Recorded Time Amount Bk 4521 Pg 332/ 12:07:09 PM $135.00 File No. 2014-00007534 AGLT-COMMUNICATIONS TOWER LEASE GRANTOR:TRUSTESS OF CITY CHURCH EX:N GRANTEE:CEKKCO PARTNERSHIP EX:N Addressl: Addressl: City/State/Zip: Consideration: Assumption: Locality:CO Percent:100.00% Pages:ll Names: Accounts Amount 301- DEEDS $28.50 145- VSLF $1.50 106- TECHNOLOGY TRUST FUND FEE $5,00 039- DEEDS & CONTRACTS $75.00 213- COUNTY GRANTEE TAX $25.00 __ Itemized Check Listing Check # 3518 $135.00 Total Due; $135.00 Paid By Check: $135.00 Change Tendered; $0.00 VISIT US ON THE WEB AT HTTP://COTTHOSTING.COM/VAALBEMARLEEXTERNAL Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS Cover Sheet Agent Online Version 2.3.1.27 Date of Instrument Instrument Type Number of Parcels Number of Pages [ 07/31/2014 ] [ AGLT ] [1 ] [11 ] city❑ County® [ Albemarle County 007534 II IIIII III III III I IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII I IIII I IIII III II IIII IIII Doc ID: 032949550013 Type: DEE Recorded: 08/OS/2014 at 12:07:09 PM Fee Amt: $135.00 Page 1 of 13 Albemarle County, VA Debra M. Shipp Clruit Clerk File# 2014-00007534 BK4521 P0332-344 (Box for Deed Stamp Only) [ TRUSTESS OF CITY CHURCH (AKA CHARLOTTESVILLE FIRST ASSEMEBLY OFKBEMARLE CO [ ] [ First and Second Grantees ] [ ] Last Name I First Name Middle Name I Suffix [ CELLCO PARTNERSHIP d/b/a Verizon Wireless [ ][ 1[ ][ Grantee Address (Name) [ Cellco Partnership d/b/a Verizon Wireless (Address 1) [ One Verizon Way ] (Address 2) [ Mail Stop 4AW100 ] (city, State, zip) [ Basking Ridge ] [ NJ ] [ 07920 ] Consideration [ 0.00 ] Existing Debt [ 0.00 ] Assumption Balance [ 0.00 ] Prior Instr. Recorded at: City LJ CountyK [ Albemarle County Percent. in this Juris^) [ l UU Book [ 440 ] Page [ 289 ] Instr. No [ ] Parcel Identification No (PIN) [ 06100-00-00-153A1 Tax Map Num. (if different than PIN) [ 06100-00-00-153A1 Short Property Description ( 4.2310 ACRES, MORE OR LESS Current Property Addr(Address 1) [ 1010 E. RIO ROAD (Address 2) [ (City, State, Zip) [ CHARLOTTESVILLE Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page # 1 of 1 Pennington Law Firm, L.L.C. Pennington Law Firm, L.L.C. Halley Gibson P.O. Box 2844 Columbia ] [ VA ] [22901 ] [ SC ] [ 29202 ] [CS-911076 NTY. V Prepared by and Upon Recording, Return to: Pennington Law Firm, L.L.C. Post Office Box 2844 Columbia, South Carolina 29202 COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE GREENBRIAR PARK CGC / 3.7.14 VA Code g 58.1-807. F. Notwithstanding the other provisions of this section, the tax on the recordation of a lease of a communications on the recordation of each lease t rcommunications affxany commun cations eshall quipment or antenna ax to any such tower or other structure shall be $16. TAX MAP PARCEL NUMBER: 06100-00-00-153A1 MEMORANDUM OF LAND LEASE AGREEMENT This MsTgrandum of Land ease Agreement ("Memorandum") is made this day of 201 M between the TRUSTEES OF CITY CHURCH (AKA `CHARLOTTES L - FI ST ASSEMPLY OF ALBEMARLE COUNTY, VIRGINIA), with offices at 1010 East Rio Road, Chart ttesville, Virginia 22901, an unincorporated church affiliated with and a part of the Potomac District Council and the General Council of the Assemblies of God with headquarters at Springfield, Missouri, hereinafter designated LESSOR, and CELLCO PARTNERSHIP D/BIA VERIZON WIRELESS, a Delaware general partnership with its principal office located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920, hereinafter designated LESSEE. LESSO nd LESSEE entered into a Land Lease Agreement (the "Agreement") on 201 jffor an initial term of five (5) years, commencing on the Commencement Date. The Agreement shall automatically be extended for four (4) additional five (5) year terms unless the LESSEE terminates it at the end of the then current term by giving the LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current term. If at the end of the fourth (4th) five (5) year extension term the Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least three (3) months prior to the end of such term, the Agreement shall continue in force upon the same covenants, terms and conditions for a further term of five (5) years and for five (5) year terms thereafter until terminated by either Party by giving to the other written notice of its intention to so terminate at least three (3) months prior to the end of such term. 2. Pursuant to the Agreement, LESSOR has leased to LESSEE a portion of that certain parcel of property (the entirety of LESSOR's property is referred to hereinafter as the Property), located at 1010 East Rio Road, Charlottesville, Virginia, and being described as a 24' by 50' parcel containing 1,200 square feet (the "Land Space"), together with the grant of a non-exclusive right (the "Right of Way") for ingress and egress, Monday through Saturday twenty-four (24) hours a day, and Sundays only in Emergency situations (as defined herein), on foot or motor vehicle, including trucks over or along a variable width right-of-way extending from the nearest public right-of-way, East Rio Road, to the Land Space, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along one or more rights of way from the Land Space, together with the grant of a ten (10') foot non-exclusive easement for the installation and maintenance of utility wires, poles, cables, conduits, and pipes (the "Utility Easement"); said Land Space, Utility Easement, and Right of Way (hereinafter collectively referred to as the "Premises") being substantially as described herein in Exhibits "A" and "B" attached hereto and made a part hereof. The Property is also shown on the Tax Map of the County of Albemarle as Parcel ID Number 06100-00-00-153A1 and is further described in Deed Book 1990 at Page 503 as recorded in the Office of the Clerk of Circuit Court of Albemarle County. In the event any public utility is unable to use the Right of Way, the LESSOR hereby agrees to grant an additional right-of-way either to the LESSEE or to the public utility at no cost to the LESSEE. It is expressly acknowledged and agreed that independent third party providers of utility services to the Property, including but not limited to, fiber, electric and telephone, may utilize the above - referenced Right of Way for the installation of overhead and/or underground equipment, and all necessary appurtenances, necessary for the operation of LESSEE's or its subtenants' facilities without the execution of any further documentation. However, if required by the third party provider, LESSOR agrees to execute a separate recordable document evidencing such rights without the payment of additional consideration. 3. The Commencement Date of the Agreement, of which this is a Memorandum, is based upon the date LESSEE commences installation of the equipment on the Premises. In the event the date LESSEE commences installation of the 2 equipment on the Premises falls between the 1st and 15th of the month, the Agreement shall commence on the 1st of that month and if the date installation commences falls between the 16th and 31st of the month, then the Agreement shall commence on the 1st day of the following month (either the "Commencement Date"). 4. The terms, covenants and provisions of the Agreement, the terms of which are hereby incorporated by reference into this Memorandum, shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of LESSOR and LESSEE. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURES ON THE FOLLOWING PAGE] 3 IN WITNESS WHEREOF, hereunto and to a duplicate hereof, LESSOR and LESSEE have caused this Memorandum to be duly executed on the date first written hereinabove. LESSOR: TRUSTEES OF CITY CHURCH (AKA CHARLOTTESVILLE FIRST ASSEMBLY OF ALBEMARLE COUNTY, VIRGINIA) 0,0oli, If QQJ.•''•N0 RYA:� PUBLIC RO * EG. + 7135970 o : MYCOMMISSION i = Q' 2i . EXPIRES31 SHEILA WILLIAMS ?�FgLTH OF ire ` STATE OF ACKNOWLEDGMENT V ; r-�; .„ � COUNTY/CITY OF A-1 I, Z , 1 I r 1A- T2 P--- r Hv , a Notary Public for said County and State, do hereby certify that SHEILA WILLIAMS personally came before me this day and acknowledged that she is a TRUSTEE OF CITY CHURCH (AKA CHARLOTTESVILLE FIRST ASSEMBLY OF ALBEMARLE COUNTY, VIRGINIA) and that she, as a Trustee, being authorized to do so, executed the foregoing Memorandum on its behalf. Witness my hand and official seal, this 27-h4 day of r4:p 1 201L. Print Name: PG,.., i ; , � � 7 l=-ciyt+111i l%j% IlI FNo;jiiry Public �i •''NOTARY omI Ii i r s G I� �� 2 o i S .k REG, #7 MY COMMISSION Q "] 1 "7j j--�j% b [ACE -SEAL] 'Lid 7131/2015,.•\Q`` 4 LESSOR: TRUSTEES OF CITY CHURCH (AKA CHARLOTTESVILLE FIRST ASSEMBLY OF ALBEMARLE COUNTY, GINI ) Kermit Anderson STATE OF ACKNOWLEDGMENT OU /CITY OFkXU)A((e ) I, tShGcic� �` ��la ia,S a Notary Public for said County and State, do hereby certify that KERMIT ANDERSON personally came before me this day and acknowledged that he is a TRUSTEE OF CITY CHURCH (AKA CHARLOTTESVILLE FIRST ASSEMBLY OF ALBEMARLE COUNTY, VIRGINIA) and that he, as a Trustee, being authorized to do so, executed the foregoing Memorandum on its behalf. Witness my hand and official seal, this (o day of c1 u n 9 , 201_q Prrnf Name: (e( iA- INI r`ah__6 Notary Public My Commission Expires: "UL , -'ncgbS [AFFIX NOTARIAL STAMP -SEAL] LESSOR: TRUSTEES OF CITY CHURCH (AKA CHARLOTTESVILLE FIRST ASSEMBLY OF ALBEMARLE COU TY, VIRGINIA) rt,� /�unu�Yr �arry Burruss STATE OF 1(_ MA- ) ACKNOWLEDGMENT OUNT /CITY OF AjbejffW10Z I 1� IGi I�1(I;�efa�5 , a Notary Public for said County and State, do hereby certify that LARRY BURRUSS personally came before me this day and acknowledged that he is a TRUSTEE OF CITY CHURCH (AKA CHARLOTTESVILLE FIRST ASSEMBLY OF ALBEMARLE COUNTY, VIRGINIA) and that he, as a Trustee, being authorized to do so, executed the foregoing Memorandum on its behalf. Witness my hand and official seal, this 131` day ofcUv)L , 201Y P int Name: c)eta l ia"' Notary Public My Commission Expires: aol (P [AFFIX NOTARIAL STAMP -SEAL] STATE OFMASSACHUSETTS COUNTY OF WORCESTER LESSEE: CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS By: David R. Heverling Its: Area Vice President Network 1101111 ACKNOWLEDGMENT a Notary Public for said County and State, do hereby certify that DAVID R. HEVERLING personally came before me this day and acknowledged that he is the Area Vice President Network of CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS, and that he, as Area Vice President Network, being authorized to do so, executed the foregoing Memorandum on its behalf. 00, Witness my hand and official seal, this 0( 1 day of _, 201 Print Name: rlCe'�LfrfrT1�Notary Public My Commission Expires: [AFFIX NOTARIAL STAMP -SEAL] rN, uCOMM0"0%y 1b MyCOmrn(OFMASSACH L"mS) 016 EXHIBIT "A" METES AND BOUNDS DESCRIPTION OF PREMISES Exhibit A (Pagel of 1) P.R.11-1 L M NHIM U �FR � Tsai s Oti tl � Jm M �� Q Zj � b� p 2 N N N N N N N N m MMo � SR, I � 9 111E $"�.§� !.<Gy p� ��FFFFFF FFF W MMMMM 0 ty �# pOV TI �mmElm o F I 4 NN22 {q R,� O SS a o 't S�.19 a �m � roWroa �J�II y� �p'E�°j�Rj O b mcg ��l�c)rA,ia o Ali < 01 Z �i C o D ••�� g $$ A — n�i of D m m m S 7y r N Z O 0 Na gy c w x �►p EXHIBIT "B" SURVEY OF PREMISES See attached. F] Exhibit B (Page 1 of 1) b4VO.N?wN+ � 2 NNNNNNNN V++pe m fOw t�n Io N (0n W b+ o .N W O N _il �E�fEiEag Nye �. 0 o6GGGG^a&G�� N= N 2 N N N N N N all N. m mmm gopo� pmgmm ym w� �No/ o �I oI gd�9 N Oil! 1 m �a ra i gU 1Oi1 �' 0 I a. m o Nmmox n m oW^ea I � o c W � O cn RECORDED IN CLERK'S OFFICE OF ALBEMARLE ON AUGUST 5, 2014 at 12:07:09 PM AS REQUIRED BY VA CODE 958.1-802 STATE: $0. 0 LOCAL: $0.00 ALBEMA E COUNTY, VA DEBRA M. SHIPP9AUITCLERK '..