Binder1-RFP Tower Lease.pdf

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Attached to
Lease of County’s 195’ Monopole for Wireless Communication Facilities
Solicitation number
23976
Issued by
Mathews County, Virginia

About this file

This document is a Request for Proposals (RFP) issued by Mathews County, Virginia soliciting sealed proposals to lease an area of two 195' monopole communication towers owned by the County for the construction and operation of new wireless telecommunications facilities. The County is seeking proposals to lease the tower sites located at 94 Cricket Hill Road, Hudgins, VA and 4396 East River Road, Bohannon, VA. Proposals must be submitted by September 15, 2023 at 2:00 pm local prevailing time. The County will award a lease, if at all, to the responsive and responsible proposer whose proposal is deemed the most advantageous, considering price and evaluation criteria such as financial strength, aesthetics, technical expertise, and experience with similar projects. The initial lease term is 20 years, with potential for extensions.

Proposers must meet minimum requirements such as being an FCC licensed carrier or having an agreement with one. Minimum rental bids are specified, and proposals may include an annual escalation rate. The County will provide the main power service feed, but proposers are responsible for meter, service feeds, and backup power. Successful proposers will pay a one-time $5,000 fee for the main service feed installation. The County reserves the right to reject any or all proposals.

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County of Mathews Administration Office mathewscountyva.gov

The County Of

Mathews

DATE OF THIS REQUEST: August 3, 2023

DESCRIPTION: Lease of County’s 195’ Monopole for Wireless Communication Facilities

PROPOSAL DEADLINE: September 15, 2023 @ 2:00 pm, Local Prevailing Time (LPT)

SUBMISSION:

One (1) original signed proposal and four copies, shall be submitted in a sealed container. The face of the container shall be clearly marked in the lower left corner as follows:

RFP#: RFP 2023-01

FOR: Lease of Towers for Wireless Facilities

OPEN: September 15, 2022 @ 2:00 p.m. LPT

PROPOSAL MUST BE SUBMITTED TO:

Ashley Hubbard

Mathews County Administration Finance

50 Brickbat Road

P.O. Box 839

Mathews, VA 23109

Proposals must be submitted by the date and time stated above or they will remain unopened. No allowance will be made for postmark or error in delivery to incorrect address. It is the sole responsibility of the offeror to ensure timely and correct delivery of proposal to the address above.

All inquiries for project information should be in writing, email preferred, to:

Ramona Wilson, P.E., MPA

County Administrator

50 Brickbat Rd, P.O. Box 839

Mathews, VA 23109

(804) 725-7172 rwilson@mathewscountyva.gov mailto:rwilson@mathewscountyva.gov

Pursuant to Virginia Code §15.2-734, the County of Mathews Virginia is soliciting sealed proposals to lease an area of two (2) County owned 195’

Monopoles for the construction of a new telecommunications facility, and operation of this facility to support wireless communications activities.

The towers are located on County owned property at 94 Cricket Hill Road

Hudgins VA 23076 and 4396 East River Road Bohannon VA 2302.

Detailed drawings are in appendix A of this solicitation.

Sealed proposals will be received at the Office of the County Administrator, 50 Brickbat Road Mathews VA until 2:00 PM August 22, 2023, at which time and place they will be publicly opened and read aloud.

All proposals will remain in effect for a period of ninety (90) calendar days from the deadline for submission, or until a lease agreement is signed by a selected proposer and or this Request for Proposals is cancelled, whichever occurs first.

Each original proposal must be delivered together with four (4) additional copies in a sealed package, plainly marked "RFP - Proposal for Lease -

Wireless Communications Facilities," and addressed to:

Ramona Wilson

County administrator

50 Brickbat Road Mathews VA.

The County of Mathews reserves the right to reject any or all proposals, waive any informalities in the proposals, and to accept the proposal deemed to be in the best interest of the County. A lease agreement will be awarded, if at all, to the responsive and responsible proposer whose proposal is deemed by the County to be the most advantageous, taking into consideration price and the evaluation criteria included in Section 7of this RFP. This Request for

Proposal and supporting documentation do not constitute an offer or agreement to lease the property. Such an offer and agreement may result only from a duly adopted vote of Mathews County Board of Supervisors and the execution of a lease agreement pursuant to said vote by Board of

Supervisors, and shall be subject to the Countiy’s Commercial

Telecommunication Towers By-Law.

Section 1 - General Provisions:

1. Pursuant to §15.2-734, the County of Mathews (the "County"), acting through Board of

Supervisors, is soliciting sealed proposals to lease an area of a County owned communication tower (the "Tower”, described below) for the construction of a new telecommunications facility, and operation of this facility to support wireless communications activities.

2. Any lease of the Tower property pursuant to this Request for Proposals ("RFP") shall be subject to (i) the approval of the Mathews County Board of Supervisors, and (ii) the execution of a lease by the Mathews County Board of Supervisors. The County anticipates submitting the lease of the Towers for approval at a County Meeting in early

September 2023.

3. The County reserves the right to cancel this Request for Proposals ("RFP"), reject any or all proposals, waive any informalities in the proposals, and to accept the proposal deemed to be in the best interest of the County.

4. Proposers must meet the minimum requirements contained in this RFP, must complete the enclosed Proposal Form and Rent Proposal Form, and must include all requested documents. The County has attempted in this RFP to be as accurate as possible but is not responsible for any unintentional errors herein.

5. Preference will be given to the proposer utilizing maximum creativity to integrate the new proposed facility to be as aesthetically appealing as possible.

6. The County of Mathews has a Zoning Bylaw governing the installation of wireless communications facilities in the County, entitled "Telecommunications facility structures permitted by zoning district”." The Zoning Bylaw, which is incorporated herein by reference and is available upon a proposer's request from the Mathews County Planning and Zoning Department. Under Zoning By-Laws, Section 175-23.5 “Existing, permitted, nonconforming telecommunications towers and facilities may have antenna(s) added, moved or replaced on said structure upon review and approval of the Department of Planning and Zoning.

7. The successful proposer will be required to allow collocation by other wireless telecommunications users for the new telecommunications facility, in accordance with the Communication Structures Bylaw.

8. Proposers must accommodate the counties public safety communications by providing public safety personnel with back-up communications via cellular devices, and the proposals must indicate how that accommodation will be accomplished.

9. The County reserves the right to review and approve the proposer's proposed installation location on the Tower and the ground location for supporting equipment.

Privacy and security fencing of ground equipment may be required (if not included in a proposal). The selected proposer shall submit the proposed installation plans to the

County for review and approval, prior to the proposer applying for approval and permits for the installation.

10. The County of Mathews will be providing the main power service feed to an H-Frame located in the tower compound. Respondents will be required to work with local power company to provide meter and service feeds to their Telecommunication facility to support technologies used and power draw per design requirements. Respondents will be required to design their primary and back-up power sources. Successful bidders will be required to paya one-time fee of $5,000 US Dollars for compensation to Mathews County for installation of the main service feed.

Section 2 - Permitting Term:

1. Upon selection of a favorable proposal by the County , the selected proposer shall have a period of ninety (90) calendar days (which may be extended at the reasonable discretion of the county ) to complete the required structural analysis, system design, engineering, testing, prepare plans and obtain all necessary permits and approvals, including local zoning approvals and a building permit, to install and maintain the wireless facility, as proposed (the "Permitting Term").

2. During the Permitting Term the selected proposer must provide to the County for use in applying for approval with the Virginia Department of Environmental Protection

(VDEP) for approval of the proposed installation of the wireless facility, the following documents, plans or reports:

(i) Written certification by a Virginia Registered Professional Structural Engineer stating that the proposed means of attachment of the wireless facility will not result in or cause any structural damage to the Tower.

(ii) A written commitment from selected proposer to the County stating that the selected proposer will pay for a post-installation inspection of the Tower and a written inspection report by a qualified inspector selected by the County.

3. Upon completion of the Permitting Term, if the selected proposer has (i) been successful in obtaining all necessary permits and approvals for the wireless communication facility, and

(ii) provided the County has obtained approval for the proposed wireless facility, then the proposer shall enter a lease agreement with the County, substantially in the form provided in Exhibit B. If the proposer is not successful in obtaining all necessary permits and approvals for the wireless communication facility, or if the County does not obtain approval of the same from VDEP, then the parties will not enter a lease and all obligations between the parties shall terminate.

Section 3 - Description of the Communication Tower :

See Appendix

Section 4 - Terms and Conditions of the Lease:

l. The lease shall permit the use of the Tower for the installation, construction, operation, maintenance, repair, upgrades or replacement, at the selected proposer's sole expense, of a wireless communications facility, including without limitation, the operation of an antenna mounting structure(s), equipment shelter(s), utility lines, supporting structures and other associated improvements and equipment for the transmission and reception of radio communication signals (collectively, the

"Equipment") as licensed by the Federal Communications Commission (the

"FCC") and for no other purpose.

2. If the County awards a lease to a selected proposer (if any), and the lease agreement shall be substantially in the form attached as Exhibit B. Proposer may bid on both towers or only one of the two towers. If proposers only wishes to enter into a lease on one tower, please insert N/A in the proposal form.

3. The selected proposer shall be solely responsible for obtaining any land use permits and other permits or approvals that may be necessary to install and maintain the

Equipment. The County makes no assurances with respect to the issuance of any such permits by local governmental boards and departments. The county shall provide all required authorizations to enable the selected proposer to apply for the necessary approvals and permits.

4. The selected proposer shall be solely responsible for all costs associated with the design, installation, and maintenance of the Equipment, and shall pay all taxes applicable to or arising from the Equipment.

5. Installation and maintenance of the Equipment is subject to prior approval of VDEP and the wireless facility shall not interfere with the Counties u s e of communication facilities or any adjacent or nearby County -owned property for communication purposes.

6. Any assignments of the lease shall require the written consent of the County.

7. The selected proposer shall comply with all applicable federal, state and local laws, codes and regulations, including regulations of the Virginia Department of

Environmental Protection, applicable to the Equipment.

Section 5 - Instructions to Proposers:

1. A proposer's failure to complete the enclosed forms, satisfy minimum requirements, or provide required documentation will render its proposal non-responsive and will result in rejection of the proposal, unless the County determines that such failure constitutes a minor informality.

2. All requests for clarification and any questions about information contained in this

RFP must be submitted in writing and addressed to:

County Administrator

50 Brickbat Rd

Mathews Virginia rwilson@mathewscountyva.gov

No requests or questions will be accepted after 5:00 PM on September 8, 2023. The proposer must include with any request or question the name, address, telephone number, fax number and Email address of the person to whom a response, if any, should be sent. If the County determines that an answer or response to a request or question is appropriate, the County will provide such answer or response in writing to all proposers in the form of an addendum to this RFP. Proposers are not entitled to rely upon any answers or responses unless the same have been so issued by the County.

1. One original and four (4) copies of the proposal must be received by the County

Administrator prior to 2:00 PM September 15, 2023 (the "Submission Deadline"). Note that the County does not receive overnight mail by 2:00 PM and, therefore, proposers should not expect timely delivery of proposals delivered via overnight mail the day before the date designated for receipt of such proposals. Proposals must be delivered in a sealed package, plainly marked "RFP - Proposal for Lease -Wireless Communications

Facilities."

2. Proposers may correct, modify or withdraw proposals in writing only, and such writing must be received by the County not less than 48 hours prior to the Submission Deadline.

Any corrections or modifications must be in a sealed envelope when submitted.

3. Each proposal shall remain in effect and be available for acceptance by the county for a period of ninety (90) calendar days from the Submission Deadline, until a lease has been signed by the selected proposer and the County, or this RFP is cancelled, whichever occurs first.

4. In the case of a discrepancy on the Price Summary Form between written and numerical amounts, the written amount shall prevail.

5. Nothing in this RFP shall be construed as superseding the Counties Communication

Structures Bylaw, which shall at all times control.

Section 6 - Evaluation of Proposals:

1. The County Administrator shall evaluate and rank each proposal received in response to this RFP. The County Administrator shall submit the evaluations, rankings, and recommendation to the County’s Board of Supervisors for consideration.

2. Rule for Award: The County, acting through its Board of Supervisors, will award a lease, if at all, to a responsive and responsible proposer whose proposal is deemed by the County to be the most advantageous, taking into consideration price and the evaluation criteria included in Section 5 of this RFP.

3. A "responsive" proposal is one that (i) includes all documents and information required by, and satisfies all Minimum Requirements contained in this RFP and (ii) accommodates the

Counties public safety communications by providing public safety personnel with back-up communications via cellular devices.

4. A "responsible" proposer is one who demonstrates through its proposal that it possesses the experience and resources to fulfill the requirements of this RFP (see Sections 5 and

6).

5. The "most advantageous" proposal is one that has been determined by the County to best satisfy the Comparative Evaluation Criteria, as stated in Section 7 of this RFP, and that offers the highest price.

6. In the event of a discrepancy on the Rent Proposal Form between the written and numerical amounts, the written amount shall prevail.

7. As described in the Permitting Term section of this RFP, the selected proposer shall have ninety (90) days from the date of notice of selection by the County to complete all studies, design services, testing, preparation of plans and obtain all necessary permits and approvals to install and maintain the proposed wireless communication facility. The

Permitting Term may be extended at the reasonable discretion of the County. Upon completion of the Permitting Term, the selected proposer shall enter a Lease with the

County, substantially in the form included in this RFP, no later than ten (10) days from the termination of the Permitting Term, unless such date is extended by the County in its sole and absolute discretion. If the selected proposer fails so to execute a Lease, the County may select the next most advantageous proposal.

Section 7 - Evaluation Criteria:

1. Minimum Requirements:

Minimum Proposer Requirements:

Any party submitting a proposal must meet one of the following criteria:

a. Demonstrate that it is licensed by the Federal Communications

Commission to provide personal wireless services (an "FCC licensed carrier").

b. Demonstrate that the proposal is made jointly with an FCC licensed carrier.

c. Demonstrate that it will execute a sub-lease, or it has an executed agreement to the lease space subject to this RFP to an FCC licensed carrier; or

d. Demonstrate that the proposal is made by a builder of personal wireless services facilities that includes with its proposal a written agreement that it will not apply for a building permit for the Equipment unless and until it has a written agreement with an FCC licensed carrier to locate the carrier's equipment.

e. Demonstrate that it has the experience and capacity to pursue the approvals and satisfy the conditions required during the Permitting

Term.

Proposals that do not meet one (1) of these minimum proposer requirements will be rejected as nonresponsive.

Minimum Rent Requirements:

All proposals must meet or exceed the following minimum rent requirements:

a. A proposer may include a rent escalation clause with its Proposed Rent schedule.

Proposals that do not meet these minimum rent requirements will be rejected as nonresponsive.

2. Comparative Evaluation Criteria:

The County Administrator will review and evaluate all proposals according to the criteria set forth below:

a. Financial Strength and Credit Worthiness

A Highly Advantageous rating will be given to a proposer who has more than sufficient assets to enter into the Lease agreement and make payments for the total annual lease value set forth in the proposal. In particular, this highest rating will be reserved for proposers whose Dun and Bradstreet (or equivalent) classification for financial strength is "3A" or better, with a composite credit appraisal of 1.

An Advantageous rating will be given to a proposer who has sufficient assets to enter into the Lease, as shown by its Dun and Bradstreet (or equivalent) classification for financial strength of at least "IA," with a composite credit rating of at least 2. Ratings of parent or sister companies who have only limited liability for the proposer shall not be considered.

An Unacceptable rating will be given to a proposer who does not have sufficient assets to enter into the Lease, as shown by its Dun and Bradstreet

(or equivalent) classification for financial strength of lower than 1A.

b. Most Aesthetically Appropriate Use of the Property

A Highly Advantageous rating will be given to a proposer whose proposed plans for the Tower property involve the most aesthetically appropriate use of the site by minimizing the visual and environmental impacts of the proposed facilities, consistent with the requirements of the Counties Commercial

Telecommunications bylaw. Design measures taken to minimize the visual impact of the equipment will contribute to a Highly Advantageous rating. The

County has determined that the development of this site for wireless communications purposes is an appropriate use of the Tower Property.

Preference will be given to the proposer utilizing maximum creativity to integrate the new facility into the Site in as aesthetically appealing a manner as possible, as determined by the Town.

An Advantageous rating will be given to a proposer whose proposed plans for the Property comply with the requirements of the Counties Commercial

Telecommunication Tower bylaw and who will use standard installation techniques, with only modest efforts in mitigating visual impacts and protecting the environment, as determined by the County.

An Unacceptable rating will be given to a proposer whose proposed plans for the Property are not for wireless communication tower purposes or otherwise do not comply with the County Commercial Telecommunication Tower bylaw and the provisions of this RFP, or make no effort to mitigate visual impacts and/or protect the environment, as determined by the County.

c. Technical Expertise and Capabilities; Documentation of Need

A Highly Advantageous rating will be given to a proposer who has significant technical expertise and capabilities for the construction, operation and maintenance of wireless communications antennas, and other equipment. In particular, this highest rating will be reserved for proposers whose experience, professional licenses and accreditations, and professional references demonstrate that the proposer is capable of developing a specialized approach to the operation and maintenance of the wireless communication antennas and communications equipment in a manner that is suitable for this Lease. To obtain this rating, a proposer must have at least 10 years’ experience in constructing, operating and maintaining wireless communications antennas, and other equipment. The material submitted pursuant to section 5 of this RFP will be used to evaluate this criterion, and compelling argument must be made by each proposer of the need for the proposed installation at this site.

An Advantageous rating will be given to a proposer who has between 5- and ten-year’s experience in constructing, operating and maintaining wireless communications towers, antennas, and other equipment.

An Unacceptable rating will be given to a proposer who has less than five years’ experience in constructing, operating and maintaining wireless communications towers, antennas, and other equipment.

d. Experience with Similar Projects

A Highly advantageous rating will be given to a proposer who has significant experience in the development and operation of facilities that are similar in nature, size, and scope. This highest rating will be reserved for proposers who have ten or more years’ experience in dealing with municipalities or other public bodies and leasing of public land, and who have developed sites in

Virginia, and who have experience using design methods and techniques to minimize visual impacts of the proposed equipment.

An Advantageous rating will be given to a proposer who has less than ten years’ experience in the development and operation of similar projects.

An Unacceptable rating will be given to a proposer who has less than five years’ experience in the development and operation of similar projects.

Section 8 - Document Submission Requirements:

The following documents must accompany the proposal. Failure to provide any of the requested documents may result in the determination that the proposer is non-responsive.

The purpose of the information requested in this section is to assist the County in evaluating and comparing proposals. Responses should be complete and full so as to allow evaluation of the

Comparative Evaluation Criteria.

1. Proposal Form.

2. Price Summary Form.

3. Disclosure of Beneficial Interest Form.

4. A copy of proposer's most recent audited annual financial statements.

5. Evidence of the current Dun & Bradstreet (or equivalent) rating of the proposer itself.

6. A description of proposer's technical expertise and capabilities pertinent to this project, including a list of proposer's professional licenses, accreditations, and references pertinent to the proposer's performance and experience.

7. A summary of all of the proposer's direct experience with similar public projects, including a description of proposer's business and its development and operation of like projects, during the ten years prior to the date on which proposals are due under this RFP, including contact names and telephone numbers for each such project. The County may contact these other public entities in determining whether the proposer is responsible.

8. A list of all other Virginia facilities located on municipal property, including contact name and telephone number. The County may contact these other municipalities in determining whether the proposer is responsible.

9. Schematic plans for the proposed Equipment.

[THIS FORM TO BE COMPLETED BY SUCCESSFUL

PROPONENT UPON AWARD OF LEASE

EXHIBlTB

PROPOSAL FORM

1. Name of Person or Entity Submitting Proposal:

Address:______________________________

2. Please check off one of the following:

( ) If a corporation, State of Incorporation:

( )If a partnership, names of partners:

( ) Individual

( ) Other

3. Social Security or Federal Identification Number:

4. Signature:

Name:

Title:

Date:

RENT PROPOSAL FORM

Available Site: Rescue Squad Tower

Parcel 16-A-46A located at 94 Cricket Hill Rd, Mathews Virginia

Proposer s Information:

Name of Proposer:

Proposed Amount(s) inc lude escalation percentage (if any):

$ rent payment for Year I (base year) of the Lease, to be payable in monthly installments and subject to an annual escalation increase of

% beginning in the second year of the Lease, LEASE YEAR 1 $ LEASE YEAR 11 $

LEASE VF.AR 2

LEASE YEAR 12

LEASE YEAR3

LEASE YEAR 13

LEASE YEAR4

LEASE YEAR 14

LEASE YEAR 5

LEASE YEAR 15

LEASE YEAR6

LEASE YEAR 16

LEASE YEAR 7

LEASE YEAR 17

LEASE YEARS

LEASE YEAR 18

LEASE YEAR9

LEASE YEAR 19

LEASE YEAR 10

LEASE YEAR 20

Available Site: Bohannan Fire Station Tower

Parcel 29-A-103 located at 4396 East River Road, Mathews Virginia

Proposer s Information:

Name of Proposer:

Proposed Amount(s) include escalation percentage (if any):

$ rent payment for Year I (base year) of the Lease, to be payable in monthly installments and subject to an annual escalation the of the Lease, increase of

% beginning in the second year of the Lease, LEASE YEAR 1 $ LEASE YEAR 11 $

LEASE VF.AR 2

LEASE YEAR 12

LEASE YEAR3

LEASE YEAR 13

LEASE YEAR4

LEASE YEAR 14

LEASE YEAR 5

LEASE YEAR 15

LEASE YEAR6

LEASE YEAR 16

LEASE YEAR 7

LEASE YEAR 17

LEASE YEARS

LEASE YEAR 18

LEASE YEAR9

LEASE YEAR 19

LEASE YEAR 10

LEASE YEAR 20

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

Signature of person signing bid or proposal:

Name:

Title:

Date:

[THIS FORM TO BE COMPLETED BY SUCCESSFUL PROPONENT UPON

AWARD OF LEASE

CERTIFICATE OF TAX COMPLIANCE

Pursuant to Virginia Laws____________, I hereby certify under penalties of perjury that the entity listed below has to the best of my knowledge and belief, complied with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting of child support.

Social Security or Federal I.D. Number

Signature: Individual or Corporate Officer

Date

Printed Name

Corporate Name of Proposer

Address

PO Box

City, State, Zip Code

*Your Social Security Number or Federal Identification Number will be furnished to the Virginia Department of Revenue to determine whether you have met tax filing or tax payment obligations. Proposers who fail to correct their non-filing or delinquency will not have a contract or other agreement issued, renewed, or executed.

[THIS FORM TO BE COMPLETED BY SUCCESSFUL PROPONENT UPON

AWARD OF LEASE

DISCLOSURE OF BENEFICIAL

INTERESTS IN REAL PROPERTY

TRANSACTION

DISCLOSURE STATEMENT FOR TRANSACTION WITH A PUBLIC AGENCY

CONCERNING

The undersigned party to a real property transaction with a public agency hereby discloses and certifies, under pains and penalties of perjury, the following information as required by law:

(1) REAL PROPERTY:

(2) TYPE OF TRANSACTION, AGEEMENT, or DOCUMENT:

(3) PUBLIC AGENCY PARTICIPATING in TRANSACTION:

(4) DISCLOSING PARTY'S NAME AND TYPE OF ENTITY (IF NOT AN INDIVIDUAL):

(5) ROLE OF DISCLOSING PARTY (Check appropriate role):

Lessor/Landlord

__ Lessee/Tenant

Seller/Granter

__ Buyer/Grantee

Other (Specify)

(6) The names and addresses of all persons and individuals who have or will have a direct or indirect beneficial interest in the real property excluding only 1) a stockholder of a corporation the stock of which is listed for sale to the general public with the securities and exchange commission, if such stockholder holds less than ten per cent of the outstanding stock entitled to vote at the annual meeting of such corporation.

NAME RESIDENCE

(7) None of the above- named persons is an official elected to public office in the Commonwealth of Virginia, except as listed below

(insert "none" if none):

(8) The individual signing this statement on behalf of the above-named party acknowledges that he/she has read the following provisions;

No agreement to rent or to sell real property to or to rent or purchase real property from a public agency, and no renewal or extension of such agreement, shall be valid and no payment shall be made to the lessor or seller of such property unless a statement, signed, under the penalties of perjury, has been filed by the lessor, lessee, seller or purchaser, and in the case of a corporation by a duly authorized officer thereof giving the true names and addresses of all persons who have or will have a direct or indirect beneficial interest in said property. The provisions of this section shall not apply to any stockholder of a corporation the stock of which is listed for sale to the general public with the securities and exchange commission, if such stockholder holds less than ten per cent of the outstanding stock entitled to vote at the annual meeting of such corporation. In the case of an agreement to rent property from a public agency where the lessee's interest is held by the organization of unit owners of a leasehold condominium, and time shares are created in the leasehold condominium, the provisions of this section shall not apply to an owner of a time-share in the leasehold condominium who (i) acquires the time-share on or after a bona fide arms length transfer of such time-share made after the rental agreement with the public agency is executed and (ii) who holds less than three percent of the votes entitled to vote at the annual meeting of such organization of unit owners.

A disclosure statement shall also be made in writing, under penalty of perjury, during the term of a rental agreement in case of any change of interest in such property, as provided for above, within thirty days of such change.

LEASE OF TOWERS FOR WIRELESS COMMUNICATION

Any official elected to public office in the commonwealth disclosing beneficial interest in real property pursuant to this section, shall identify his position as part of the disclosure statement. The commissioner shall notify the state ethics commission of such names, and shall make copies of any and all disclosure statements received available to the state ethics commission upon request.

The County shall keep a copy of each disclosure statement received available for public inspection during regular business hours.

(9) This Disclosure Statement is hereby signed under penalties of perjury.

PRINT NAME OF DISCLOSING PARTY (from Section 4, above)

AUTHORIZED SIGNATURE of DISCLOSING PARTY

DATE (MM / DD / YYYY)

PRINT NAME & TITLE of AUTHORIZED SIGNER

LEASE OF TOWERS FOR WIRELESS COMMUNICATION

APPENDIX A-TOWER INFORMATION

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SITE NAME:

SITE ADDRESS:

4396 EAST RIVER ROAD

BOHANNON, VA 23021

SURVEY PLAT

SP-1

BOHANNON

FIRE STATION

MATHEWS COUNTY

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ROD

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30' ACCESS

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& UTILITY

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EASEMENT

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0.280 AC.

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OR 12,217 S.F.

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PROTECTION ZONE

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WOODSLINE

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WIRE

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263.93' TO THE S/L

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OF STATE ROUTE 619

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EAST RIVER ROAD

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STATE ROUTE 660

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50' PUBLIC RIGHT-OF-WAY

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CONCRETE

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WATER

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TANK

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SEPTIC

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LIDS

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1 STORY

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METAL BUILDING

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2.4369 AC.

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PARCEL ID: 29-A-103

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MATHEWS VOLUNTEER FIRE DEPARTMENT, INC.

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INST. #170000193

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ZONING: RU

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4396 EAST RIVER RD

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P.C. 1, SLIDE 99, HANGER 985

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PARCEL ID: 29-A-102

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CHESAPEAKE LAND DEVELOPMENT, LLC

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INST. #150000818

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ZONING: RU

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NO ADDRESS

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PARCEL ID: 29-A-101

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SHARON M. HOGGE

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INST. #120000855

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ZONING: RU

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NO ADDRESS

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PARCEL ID: 29-A-104

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SHARON M. HOGGE

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INST. #120000855

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ZONING: RU

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4458 EAST RIVER RD

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PARCEL ID: 29-A-100

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JANE, LLC

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P.B. 23, PG. 32

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ZONING: RU

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NO ADDRESS

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LEASE

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AREA

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ACCESS &

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UTILITY ESMT

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LEASE AREA

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AND ACCESS

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& UTILITY ESMT

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EDGE OF

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GRAVEL

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VIRGINIA STATE PLANE

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SOUTH ZONE (NAD83)

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LIMITS OF

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WETLANDS

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SEE NOTE 5

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WETLANDS

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0.057 AC. OR

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LEASE AREA

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(TIE LINE)

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SHEET NUMBER:

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SEAL:

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CONSULTANT:

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APPLICANT

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REVISIONS

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DESCRIPTION

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BY

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DATE

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NO

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APPROVED BY:

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DRAWN BY:

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RLL

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RLL

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SHEET TITLE:

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DATE:

AutoCAD SHX Text 8-23-2022

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AutoCAD SHX Text Lic. No. 003004

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RONALD L. LANG

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AutoCAD SHX Text 11-3-2022

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OFFICE: 804-350-7011

AutoCAD SHX Text EMAIL: ronlang@langlandsurveying.com

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4413 LITTLE RIDGE LN, CHESTERFIELD, VA 23832

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INST. #170000193

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DEED REF.:

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DISTRICT:

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PARCEL ID:

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RU

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ZONING:

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NO. 51115C0090E, DATED 12/09/2014.

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AGENCY MAPS, THE PROPOSED TELECOMMUNICATIONS SITE

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IS LOCATED IN ZONE "X", COMMUNITY PANEL

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NO WETLANDS AREAS HAVE BEEN INVESTIGATED BY THIS SURVEY

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ACCORDING TO FEDERAL EMERGENCY MANAGEMENT

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PROJECT INFORMATION

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OWNERS NAME:

AutoCAD SHX Text N 37°23'52.93"

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GROUND ELEVATION:

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BASIS OF BEARINGS:

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BASIS OF ELEVATIONS:

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PARAPET ELEVATION:

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LATITUDE:

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SITE NAME:

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PROJECT:

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NAD83

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NAVD88

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MATHEWS VOLUNTEER FIRE DEPARTMENT, INC.

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BOHANNON, VA 23021

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4396 EAST RIVER RD

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%%UTOWER CENTROID

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LONGITUDE:

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MATHEWS COUNTY, VA COMMUNICATION TOWER

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LEGAL DESCRIPTION

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SITE INFORMATION

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ACCESS & UTILITY EASEMENT

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LEASE AREA

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SCALE: 1"=30'

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MATHEWS COUNTY

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JURISDICTION:

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NOTES:

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LATITUDE AND LONGITUDE SHOWN HEREON ARE BASED ON NAD83

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AND ELEVATIONS NAVD 1988.

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A BOUNDARY SURVEY WAS NOT PERFORMED FOR THE PREPARATION

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(24"X36" PLOT)

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SCALE: 1"=60'

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(11"X17" PLOT)

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OF THIS PLAT, PROPERTY LINES AS SHOWN WERE COMPILED FROM

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TAX MAPS, DEEDS & PLATS OF RECORD. LANG LAND SURVEYING, LLC.

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MAKES NO WARRANTY EITHER EXPRESSED OR IMPLIED AS TO THE

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ACCURACY OF THE BOUNDARIES AS SHOWN ON THIS MAP.

AutoCAD SHX Text 50'x50' Lease Area Situated on all that parcel or piece of land owned by MATHEWS VOLUNTEER FIRE DEPARTMENT, INC being PARCEL ID: 29-A-103 and further described in INST. #170000193 recorded in the Clerk's Office of the Circuit Court, Mathews County, Virginia. Commencing at a found rod situated at the intersection of the westerly right-of-way line of East River Road, State Route 660 (50' R/W) and the northerly line of the parent parcel, said rod being 263.93' south of the southerly line of State Route 619; thence along the westerly westerly right-of-way line of East River Road, State Route 660 S 28°04'32" E, 171.36 to a found rod; thence along thesoutherly line of the parent parcel, S 72°58'30" W, 263.89'to a found pipe; thence along a tie line S 76°27'32" W,84.49' to a point, said point being the southeast corner of a 50'x50' Lease Area and being THE PLACE OF BEGINNING; thence S 70°26'26" W, 50.00' to a point; thenceN 19°33'34" W, 50.00' to a point; thence N 70°26'26" E,50.00' to a point; thence S 19°33'34" E, 50.00' to a point,said point being THE PLACE OF BEGINNING and containing 0.057 ac. or 2,500 s.f. of land more or less.

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BOHANNON FIRE STATION

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WESTVILLE

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VICINITY MAP: 1"=2000'

AutoCAD SHX Text 30' Access & Utility Easement Situated on all that parcel or piece of land owned by MATHEWS VOLUNTEER FIRE DEPARTMENT, INC being PARCEL ID: 29-A-103 and further described in INST. #170000193 recorded in the Clerk's Office of the Circuit Court, Mathews County, Virginia. Commencing at a found rod situated at the intersection of the westerly right-of-way line of East River Road, State Route 660 (50' R/W) and the northerly line of the parent parcel, said rod being 263.93' south of the southerly line of State Route 619; thence along the westerly line of East River Road, State Route 660 S 28°04'32" E, 6.73' to apoint, said point being the intersection of the westerly line of East River Road, State Route 660 and the northerly line of a 30' Access & Utility Easement and being THE PLACE OF BEGINNING; thence along the westerly line of East River Road, State Route 660, S 28°04'32" E, 30.00' to a point;thence leaving the westerly line of East River Road, State Route 660, S 61°55'28" W, 92.31' to a point; thenceS 70°26'26" W, 216.93' to a point, thence S 46°06'58" W,43.34' to a point; thence S 19°33'34" E, 31.09' to a point;said point being situated on the northerly line of a 50'x50' Lease Area; thence along the northerly line of said lease area, S 70°26'26" W,, 30.00' to a point; thence leaving thenortherly line of said lease area, N 19°33'34" W, 50.45' toa point; thence N 46°06'58" E, 69.16' to a point: N70°26'26" E, 221.17' to a point; thence N 61°55'28" E,90.08' to a point, said point being situated on the westerly line of East River Road, State Route 660 and being THE PLACE OF BEGINNING and containing 0.280 ac. or 12,217 s.f. of land more or less.

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MATHEWS, VA 23109

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P.O. BOX 1130

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SITE

AutoCAD SHX Text TITLE REVIEW Land Land Surveying, LLC has received and reviewed the Title Report prepared by Priority Title & Escrow, LLC, dated July 25, 2022 at 08:00 AM being Report File No: 072229376 for the subject property, to determine the impacts of existing easements and / or rights-of-way. Schedule B-II Exceptions 1. Any lien or right to a lien, for services, labor, or Any lien or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. (NOT SURVEY RELATED) 2. Rights or claims of parties in possession not Rights or claims of parties in possession not shown by the public records. (NOT SURVEY RELATED) 3. Any easements, claims or easements, servitude, Any easements, claims or easements, servitude, discrepancies, conflict or shortage in area or boundary lines, or any encroachment or protrusions or overlapping of improvements, whether or not appearing in the public records, which would be disclosed by an accurate survey and inspection of the premises ("Survey Matters"). This policy provides no coverage for such Survey Matters under Covered Risks 21, 22, 23 and 24. (OVERHEAD WIRES AFFECT 30' ACCESS & UTILITY EASEMENT NEAR EAST RIVER ROAD) 4. Taxes for and any/all supplemental taxes posted Taxes for and any/all supplemental taxes posted subsequent to the effective date hereof are a lien, not yet due and payable. (NOT SURVEY RELATED) 5. Storm water fees not yet due and Payable. Storm water fees not yet due and Payable. (NOT SURVEY RELATED) 6. Easements, or claims of easements, not shown by Easements, or claims of easements, not shown by the public records. (OVERHEAD WIRES AFFECT 30' ACCESS & UTILITY EASEMENT NEAR EAST RIVER ROAD) 7. The Exact Amount, Computation, Acreage and The Exact Amount, Computation, Acreage and Accuracy of the area content of the land described in Schedule A hereof is not insured. (NOT SURVEY RELATED) 8. By reason of the death of decedent.Vaden Daniel, By reason of the death of decedent.Vaden Daniel, who died on 01/07/1993, exception is taken to the following: a) possible claims of creditors of said decedent, possible claims of creditors of said decedent, or against said estate; b) possible federal and/or state estate taxes; possible federal and/or state estate taxes; c) possible appeal from the order admitting possible appeal from the order admitting probate of last will and testament of said decedent; d) possible suit to impeach the said will of possible suit to impeach the said will of decedent; and e) possible discovery and probate of a last will possible discovery and probate of a last will and testament of said decedent. (NOT SURVEY RELATED) 9. By reason of the death of decedent, Joyce D. By reason of the death of decedent, Joyce D. Croxton, who died on 03/24/2014, exception is taken to the following: a) possible claims of creditors of said decedent, possible claims of creditors of said decedent, or against said estate; b) possible federal and/or state estate taxes; possible federal and/or state estate taxes; c) possible appeal from the order admitting possible appeal from the order admitting probate of last will and testament of said decedent; d) possible suit to impeach the said will of possible suit to impeach the said will of decedent; and e) possible discovery and probate of a last will possible discovery and probate of a last will and testament of said decedent. (NOT SURVEY RELATED)

AutoCAD SHX Text Notes: 1. The Lease Area is contiguous along its common The Lease Area is contiguous along its common boundaries to the Access and Utility Easement. The Access and Utility Easement is contiguous along its common boundaries to the East River Road, State Route 660 public right-of-way, and that there are no gaps, gores, spaces or overlaps between or among any of said parcels of land. 2. The Lease Area and the Access & Utility Easement lie The Lease Area and the Access & Utility Easement lie entirely with-in the parent parcel. 3. No visible encroachments affect the Lease Area at the No visible encroachments affect the Lease Area at the time of survey. 4. Overhead wires cross over the 30' Access & Utility Overhead wires cross over the 30' Access & Utility Easement near East River Road. 5. LIMITS OF WETLANDS SHOWN HEREON TAKEN FROM MINOR LIMITS OF WETLANDS SHOWN HEREON TAKEN FROM MINOR SITE PLAN FOR MATHEWS FIRE DEPARTMENT DATED AUGUST 21, 2017 BY ALISTAIR J. RAMSAY L.S., P.C.

AutoCAD SHX Text Certified To: F.C.I. Towers, Inc. and Priority Title & Escrow, LLC. This survey of a 30' Access & Utility Easement and 50'x50' Lease Area located at 4396 East River Road, Mathews County, Virginia was completed under the direct and responsible charge of, Ronald L. Lang, LS from an actual Ground survey made under my supervision; the original data was obtained on August 16, 2022; and this plat meets minimum accuracy standards set forth in the APELSCIDLA Board of Virginia. Ronald L. Lang, LS

AutoCAD SHX Text PARENT PARCEL LEGAL DESCRIPTION All that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being near Bohannon Post Office in the Westville Magisterial District of Mathews County, Virginia, containing 2.4369 acres according to the plat of survey made by Wayne E. Lewis, Land Surveyor, dated September 13, 2016, entitled "Plat of the Property of The Estate of Vader Daniel to be conveyed to Mathews Volunteer Fire Department, Inc., Parcel of Land containing 2.4369 Acres Westville District Mathews County, VA.", which plat is recorded in the Clerk's Office of the Circuit Court of Mathews County, Virginia, in Plat Cabinet 1, Slide 99, Hanger 985. It Being the property conveyed to Mathews Volunteer Fire Department, Incorporated by Deed of Gift from James Alvin Daniel and Annamarie Daniel, his wife, Mary R. Ray and James W. Ray, her husband, Angela H. Berry and Glen Berry, her husband, John Wayne Thomas, unmarried, and Penny E, Baldoni, unmarried, dated 01/11/2017 and recorded 02/15/2017 as Instrument Number 170000193.

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LEGEND

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WELL

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UTILITY POLE

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FIRE HYDRANT

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MAP BOOK

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DEED BOOK

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PG.

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PAGE

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ESMT

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EASEMENT

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POINT OF COMMENCEMENT

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POINT OF BEGINNING

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EAST LINE

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FD

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FOUND

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MON

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MONUMENT

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OVERHEAD

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RIGHT OF WAY

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PROPERTY LINE

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ADD WETLANDS

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RLL

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LEASE AREA RELOC.

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RLL

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W E T

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SITE NAME:

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94 CRICKET HILL ROAD

HUDGINS, VA 23076

SURVEY PLAT

SP-1

RESCUE SQUAD

MATHEWS COUNTY

W

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FD

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ROD

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FD

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MON.

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FD

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MON.

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FD

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ROD

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FD AXLE

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LEANING

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LEASE AREA

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0.082 AC. OR

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30' ACCESS &

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UTILITY EASEMENT

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0.181 AC. OR

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TIE

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ACCESS &

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LEASE AREA

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AND ACCESS

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WELL

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POLE

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TELCO

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PEDESTAL

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WIRES

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ASPHALT ENTRANCE

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SIGN

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CURB &

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GUTTER

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MAIL

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BOX

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CONCRETE

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CONCRETE

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1 STORY

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BRICK

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BUILDING

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PROPANE

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GENERATOR

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LID

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T.B.M. NW COR.

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CONCRETE

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ELEV.=11.28'

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ASPHALT ROAD

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LIGHT

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ELECTRIC

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STUB

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POLE

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WOODSLINE

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WOODED

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WOODED

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WOODED

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WOODSLINE

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GRASS

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GRASS

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GRASS

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EDGE OF

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ASPHALT

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CRICKET HILL ROAD

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STATE ROUTE 223

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80' PUBLIC RIGHT-OF-WAY

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PUBLIC

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R/W LINE

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357.52' TO THE

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E/L OF S.R. 198

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PARCEL ID: 16-A-46A

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MATHEWS VOLUNTEER RESCUE SQUAD, INC.

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D.B. 312, PG. 507

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P.B. 15, PG. 67

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ZONING: B-2

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94 CRICKET HILL RD.

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PARCEL A

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6.89 AC.

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APPROXIMATE

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LIMITS OF

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ZONE X

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0.2 PERCENT

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ANNUAL CHANCE

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FLOOD HAZARD

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PARCEL ID: 16-A-46

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BURDEN'S OFFICE, LLC

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P.B. 15, PG. 67

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ZONING: B-2

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44 CRICKET HILL RD.

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PARCEL ID: 16-A-41

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ROBERT G. HUGHES

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ZONING: R-1

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8383 BUCKLEY HALL RD.

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PARCEL ID: 16-A-48

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RAYMOND E. & JEAN H. OWENS

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ZONING: R-1

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215 LEWIS FIELD LN.

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D.B. 267, PG. 440

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PARCEL ID: 16-A-47

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KATHLEEN B. & DOUGLAS S. DIGGS

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ZONING: B-2

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218 CRICKET HILL…

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