Report (2) >♦ < PUCY-3r2,"(j\ RECEIVED
CROWN1505 Westlake Avenue North Phone (503) 7O8-9200 MAR 1 7 MY
012 CASTLE Suite800 mew asva�m
Seattle,wAsa1os J iY OF TIGARD
g111 Omit !1V!SIOn9
February 4, 2022
City of Tigard Planning Division
Community Development
13125 SW Hall Blvd.
Tigard, OR 97223
RE: Eligible Facilities Request for Minor Changes to an Existing T-Mobile Facility —
856366 Scholls and 125th T-Mobile
Property: 12655-A SW North Dakota St.
Tigard, OR 97233
APN: R2143964/ 1S134BCoo70o-o01
Property Owner: HA&R LLC
12655 SW North Dakota St.
Tigard, OR 97223-0801
Zone: C-P (Professional Commercial)
Proposal:
T-Mobile needs to relocate its existing facility from an adjacent site. Before the existing site is
shut down and decommissioned it needs to get a replacement site on air that can cover the
same area as the current facility. To ensure there is not a gap in coverage,T-Mobile is
proposing to add a 20'tower extension onto the Crown Castle cell tower located at 12655-A SW
North Dakota St. On the extension, T-Mobile proposes to mount: (6)antennas, (6) radios, (1)
antenna platform mount,and (2)hybrid cables with pendants. On the ground: T-Mobile
proposes to install a 10'x 15' concrete slab, (2)support cabinets, utility boxes,ice-bridge, (2)
junction boxes, and service light. This relocation will allow T-Mobile to remain on air and
provide communication coverage.
These tower modifications meet the standards of an"Eligible Facility"under the Code of
Federal Regulations; Title 47; Subpart U—State and Local Government Regulation of the
Placement, Construction, and Modification of Personal Wireless Service Facilities; Section
1.610o Wireless Facility Modifications. This narrative will demonstrate that the proposed
changes meet these standards.
A
A
*Two sections of the Title 47; Subpart U—State and Local Government Regulation of the
Placement, Construction, and Modification of Personal Wireless Service Facilities; Section
1.6ioo Wireless Facility Modifications were updated on December 2, 2020. These updates are
documented in the attached Federal Register, Doc. 2020-25144. Page 14 of the document
identifies the replacement of 1.6ioo Wireless Facility Modifications, Section(6)Site and Sub-
Section(7)Substantial change, (iv). These updated are identified with asterisk.
On the following pages are a picture of the tower taken in 2021, a picture showing the parcel
where the facility is located, and a narrative demonstrating that the proposal is an Eligible
Facility.
Existing Facility to Relocate to:
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12/08/2021
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Tower Location:
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Purple arrow points to the location of the tower facility.
Source:httpsi/www.portlandmaps.corn
Applicable Code
Code of Federal Regulations; Title 47; Subpart U—State and Local Government Regulation of
the Placement, Construction, and Modification of Personal Wireless Servicem Facilities; Section
1.610o Wireless Facility Modifications
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CrownCastle.corn
, •
§ 1.6100 Wireless Facility Modifications.
(a) [Reserved]
(b) Definitions.Terms used in this section have the following meanings.
(1) Base station.A structure or equipment at a fixed location that enables
Commission-licensed or authorized wireless communications between user
equipment and a communications network. The term does not encompass a tower
as defined in this subpart or any equipment associated with a tower.
(i) The term includes,but is not limited to,equipment associated with
wireless communications services such as private,broadcast,and public
safety services,as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul.
(ii) The term includes, but is not limited to,radio transceivers, antennas,
coaxial or fiber-optic cable, regular and backup power supplies,and
comparable equipment,regardless of technological configuration (including
Distributed Antenna Systems and small-cell networks).
(iii) The term includes any structure other than a tower that, at the time the
relevant application is filed with the State or local government under this
section,supports or houses equipment described in paragraphs (b)(1)(i)
through (ii) of this section that has been reviewed and approved under the
applicable zoning or siting process,or under another State or local regulatory
review process, even if the structure was not built for the sole or primary
purpose of providing such support.
(iv) The term does not include any structure that, at the time the relevant
application is filed with the State or local government under this section,
does not support or house equipment described in paragraphs (b)(1)(i)-(ii)
of this section.
Response: T-Mobile will install a io'x15'concrete and attach (2)support cabinets
with ancillary equipment. This is illustrated on sheet C-1.3 of the attached
Construction Drawings. This constitutes the changes to the "Base Station"at this
facility. The changes do not meet the threshold for a "Substantial Change".
(2) Collocation. The mounting or installation of transmission equipment on an
eligible support structure for the purpose of transmitting and/or receiving
radio frequency signals for communications purposes.
Response: The addition of antennas, tower mounted radios, antenna mounts,
and extension on an existing monopole meet the standard of a collocation.
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(3) Eligible facilities request.Any request for modification of an existing tower or
base station that does not substantially change the physical dimensions of such
tower or base station,involving:
(i) Collocation of new transmission equipment;
(ii) Removal of transmission equipment; or
(iii) Replacement of transmission equipment.
Response: On the tower extension, T-Mobile proposes to mount: (6)antennas,
(6)radios, (i)antenna platform mount, and(2)hybrid cables with pendants.
On the ground: T-Mobile proposes to install a io'x 15'concrete slab, (2)support
cabinets, utility boxes, ice-bridge, (2)junction boxes, and service light. This is
illustrated on sheets C-1.3, C-2, and C-3. The proposed changes meet the
standards of an Eligible Facility.
(4) Eligible support structure.Any tower or base station as defined in this section,
provided that it is existing at the time the relevant application is filed with the State
or local government under this section.
Response: The tower and base station are in existence. There will be an
increase of 20'in tower height and a 22'increase in ground space. The
proposed changes meet the standards of an Eligible Facility.
(5) Existing.A constructed tower or base station is existing for purposes of this
section if it has been reviewed and approved under the applicable zoning or siting
process, or under another State or local regulatory review process,provided that a
tower that has not been reviewed and approved because it was not in a zoned area
when it was built,but was lawfully constructed, is existing for purposes of this
definition.
Response: The tower and base station are in existence and were lawfully
constructed. The proposed changes meet the standards of an Eligible Facility.
*(6) Site. For towers other than towers in the public rights-of-way,the current
boundaries of the leased or owned property surrounding the tower and any access
or utility easements currently related to the site,and,for other eligible support
structures, further restricted to that area in proximity to the structure and to other
transmission equipment already deployed on the ground.The current boundaries of
a site are the boundaries that existed as of the date that the original support
structure or a modification to that structure was last reviewed and approved by a
State or local government,if the approval of the modification occurred prior to the
Spectrum Act or otherwise outside of the section 6409(a) process.
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1 • �
Response: The current boundaries of the site are the boundaries that existed as
of the date that the original support structure or modifications to that structure
was last reviewed and approved. The proposed changes meet the standards of
an Eligible Facility.
(7)Substantial change.A modification substantially changes the physical
dimensions of an eligible support structure if it meets any of the following criteria:
(i) For towers other than towers in the public rights-of-way,it increases the
height of the tower by more than 10% or by the height of one additional
antenna array with separation from the nearest existing antenna not to
exceed twenty feet,whichever is greater; for other eligible support
structures, it increases the height of the structure by more than 10%or more
than ten feet,whichever is greater;
(A) Changes in height should be measured from the original support
structure in cases where deployments are or will be separated
horizontally, such as on buildings'rooftops; in other circumstances,
changes in height should be measured from the dimensions of the
tower or base station,inclusive of originally approved appurtenances
and any modifications that were approved prior to the passage of the
Spectrum Act.
Response:A 20'tower extension is proposed. The separation from the
existing AT&T facility will not exceed 20'. Not a Substantial Change and
meets the standards of an Eligible Facility.
(ii) For towers other than towers in the public rights-of-way,it involves
adding an appurtenance to the body of the tower that would protrude from
the edge of the tower more than twenty feet,or more than the width of the
tower structure at the level of the appurtenance,whichever is greater; for
other eligible support structures, it involves adding an appurtenance to the
body of the structure that would protrude from the edge of the structure by
more than six feet;
Response: The proposed antenna mounts, with antennas, will not
protrude from the edge of the tower more than 20'. Not a Substantial
Change and meets the standards of an Eligible Facility.
(iii) For any eligible support structure,it involves installation of more than
the standard number of new equipment cabinets for the technology involved,
but not to exceed four cabinets; or,for towers in the public rights of-way and
base stations, it involves installation of any new equipment cabinets on the
ground if there are no pre-existing ground cabinets associated with the
structure, or else involves installation of ground cabinets that are more than
10%larger in height or overall volume than any other ground cabinets
associated with the structure;
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• h
Response: T-Mobile proposes to add(2)support cabinets and ancillary
equipment onto a new concrete equipment pad. Not a Substantial
Change and meets the standards of an Eligible Facility.
*(iv) It entails any excavation or deployment outside of the current site,
except that, for towers other than towers in the public rights-of-way,it
entails any excavation or deployment of transmission equipment outside of
the current site by more than 30 feet in any direction.The site boundary
from which the 30 feet is measured excludes any access or utility easements
currently related to the site;
Response: The new equipment pad and support cabinets will increase
the current site by 22', see sheet C-1.2. This increase in footprint is under
"3o'in an any direction"and meets this standard. Not a Substantial
Change and meets the standards of an Eligible Facility.
(v) It would defeat the concealment elements of the eligible support
structure; or
Response: The proposed antennas, radios,and ancillary equipment will
be similar to the existing antenna facilities. There no concealment
elements on this facility, as defined by the FCC's 5G Upgrade Order. Not
a Substantial Change and meets the standards of an Eligible Facility.
(vi) It does not comply with conditions associated with the siting approval of
the construction or modification of the eligible support structure or base
station equipment,provided however that this limitation does not apply to
any modification that is noncompliant only in a manner that would not
exceed the thresholds identified in§ 1.40001(b)(7)(i) through (iv).
Response: The proposed changes do not affect the siting approval of the
construction or modification of the eligible support structure or base
station equipment and is compliant with the thresholds identified in§
1.40001(b)(7)(0 through (iv). There is not a Substantial Change and
therefore meets the standards of an Eligible Facility.
(8) Transmission equipment. Equipment that facilitates transmission for any
Commission-licensed or authorized wireless communication service, including,but
not limited to, radio transceivers,antennas,coaxial or fiber-optic cable, and regular
and backup power supply.The term includes equipment associated with wireless
communications services including,but not limited to,private,broadcast,and public
safety services,as well as unlicensed wireless services and fixed wireless services
such as microwave backhaul.
The Foundation for a Wireless World.
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r 1c ^t
Response: T-Mobile's facility meets the standards of a Transmission Facility.
It comprises of support cabinets, antennas,fiber-optic cables, and other
equipment that is ancillary to the operation of the facility. T-Mobile's facility
meets this definition.
(9) Tower.Any structure built for the sole or primary purpose of supporting any
Commission-licensed or authorized antennas and their associated facilities,
including structures that are constructed for wireless communications services
including,but not limited to, private,broadcast,and public safety services,as well as
unlicensed wireless services and fixed wireless services such as microwave
backhaul,and the associated site.
Response: Crown Castle's tower has Commission (FCC)-licensed and
authorized antennas used for wireless communication services. The tower
meets this definition.
(c) Review of applications. A State or local government may not deny and shall approve any
eligible facilities request for modification of an eligible support structure that does not
substantially change the physical dimensions of such structure.
(1) Documentation requirement for review.When an applicant asserts in writing that
a request for modification is covered by this section,a State or local government
may require the applicant to provide documentation or information only to the
extent reasonably related to determining whether the request meets the
requirements of this section.A State or local government may not require an
applicant to submit any other documentation,including but not limited to
documentation intended to illustrate the need for such wireless facilities or to
justify the business decision to modify such wireless facilities.
Response: T-Mobile has provided information to establish that the proposed
changes meet the standards of an Eligible Facility. Information beyond this
determination is not required and is therefore not provided.
(2) Timeframe for review.Within 60 days of the date on which an applicant submits
a request seeking approval under this section,the State or local government shall
approve the application unless it determines that the application is not covered by
this section.
(3) Tolling of the timeframe for review. The 60-day period begins to run when the
application is filed,and may be tolled only by mutual agreement or in cases where
the reviewing State or local government determines that the application is
incomplete.The timeframe for review is not tolled by a moratorium on the review of
applications.
(i) To toll the timeframe for incompleteness,the reviewing State or local
government must provide written notice to the applicant within 30 days of
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CrownCastle.com
receipt of the application,clearly and specifically delineating all missing
documents or information. Such delineated information is limited to
documents or information meeting the standard under paragraph (c)(1) of
this section.
(ii) The timeframe for review begins running again when the applicant
makes a supplemental submission in response to the State or local
government's notice of incompleteness.
(iii) Following a supplemental submission,the State or local government will
have 10 days to notify the applicant that the supplemental submission did
not provide the information identified in the original notice delineating
missing information.The timeframe is tolled in the case of second or
subsequent notices pursuant to the procedures identified in this paragraph
(c)(3). Second or subsequent notices of incompleteness may not specify
missing documents or information that were not delineated in the original
notice of incompleteness.
(4) Failure to act. In the event the reviewing State or local government fails to
approve or deny a request seeking approval under this section within the timeframe
for review(accounting for any tolling),the request shall be deemed granted.The
deemed grant does not become effective until the applicant notifies the applicable
reviewing authority in writing after the review period has expired (accounting for
any tolling) that the application has been deemed granted.
(5) Remedies.Applicants and reviewing authorities may bring claims related to
Section 6409(a) to any court of competent jurisdiction.
The attached information provides a description of what is and demonstrates how it
proposed
is an Eligible Facility. Please let me know if you have any questions or need any additional
information.
Sincerely, f �
Zach Phillips
Real Estate Specialist
Crown Castle
zach.phillipsCa crowncastle.com
503.708.9200
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RECEIVED
MAR 7 2022
i Y OF TIGARD
,IJILDING DIVISION
Prepared by:
Robert W.Mouton,Esq.
Locke Lord LLP
601 Poydras Street,Suite 2660
New Orleans,LA 70130
Return to:
Tara Groda
Crown Castle Post-Closing Department
1220 Augusta Drive,Suite 600, Houston,TX 77057
ASSIGNMENTAND ASSUMPTION OF EASEMENT AGREEMENT
This Assignment and Assumption of Easement Agreement(this"Assignment')is made and
entered into as of the day of October,2019, but effective as of the 31st day of October,2019 (the
"Effective Date") by and between Ulysses Asset Sub II,LLC,a Delaware limited liability company,f/k/a
T6 Unison Site Management LLC,a Delaware limited liability company(the"Assignor"),and Global
Signal Acquisitions IV LLC, a Delaware limited liability company(the"Assignee"). Assignor and Assignee
are sometimes referred to herein individually as a"Party"and collectively referred to herein as the
"Parties".
WHEREAS,Assignor and Assignee are parties to that certain Site Exchange Agreement dated
November7,2016, as amended by that certain Amended and Restated Site Exchange Agreement dated
as of March 6, 2017 (as the same may have been further amended from time to time,collectively,the
"Exchange Agreement'),pursuantto,and upon the terms of which,Assignor and Assignee have agreed
to assign,transfer and convey all of their respective right,title and interest in and to certain assets,
including,without limitation, real property interests,to each other,and to transfer certain obligations
related thereto,all as more particularly described in the Exchange Agreement;and
WHEREAS,Assignor is the grantee pursuant to that certain easement agreement described on
ExhibitA attached hereto and by this reference incorporated herein(as the same may have been
(82880523.2)187199r9 1
Crown BU#/Site Name: 856366/SCHOLLS&125TH
ATC Site #/Site Name: US-OR-9507/276943/HA&R G OR
amended,modified or assigned from time to time,collectively,the"Easement Agreement",and
together with any hereinbelow described Net Profits Agreement,LetterAgreement and Ground Lease,
as applicable,the"Easement Documents"),pursuant to which the grantor specified in Exhibit A
(hereinafter,the"Grantor")granted and conveyed to Assignor an easement in,to,underand over a
certain portion of real property owned bythe Grantor (the real property owned by the Grantor,
hereinafter,the"Property",which Property is more particularly described in Exhibit A-i attached hereto
and by this reference incorporated herein; and such portion of the Property subject to the Easement
Agreement,hereinafter,the"EasementArea",which Easement Area is more particularly described in
Exhibit B attached hereto and by this reference incorporated herein);and
WHEREAS,Assignor is also the current landlord underthat certain lease agreement described on
ExhibitC attached hereto and by this reference incorporated herein(as the same may have been
amended,modified or assigned from time to time,collectively,the "Ground Lease"),and which Ground
Lease demises a portion of the Property;and
WHEREAS,Assignor is also party to that certain Net Profits Agreement dated July 6,2009 by and
between Assignor and the Grantor(as the same may have been amended,modified or assigned from
time to time,collectively the"Net Profits Agreement");
WHEREAS,the Parties hereby desire to effect such assignments,transfers and assumptions;
NOW,THEREFORE, in consideration of the representations,warranties,covenants and
agreements contained in the Exchange Agreement,the Parties hereto hereby agree as follows:
1. Capitalized Terms.Capitalized terms used but not defined herein shall have the meaning given
to such terms in the Exchange Agreement.
2. Assignment and Transfer of Easement Documents. As of the Effective Date,Assignor hereby
assigns and transfers untoAssignee,and Assignee hereby accepts from the Assignor,all of the
right,title and interest of Assignor in,to and under the Easement Documents,upon the terms
and subject to the conditions of the Exchange Agreement and the Easement Documents,
respectively.Notwithstanding anything in this Assignmentto the contrary,but without limiting
any of the Parties'duties and obligations arising underthis Assignment,this Assignment shall
not constitute an assignment ortransfer hereby of any right,title and interest of Assignor in,to
and under an Easement Document if an attempted assignment ortransfer,withoutthe
authorization of a third party thereto,would constitute a breach or violation of such Easement
Document,or in any way adversely affectthe rights of Assignee thereunder,but onlyto the
extent such authorization has not been obtained.If any authorization described in the preceding
sentence is not obtained,or if any attempt at an assignment,transfer orotherconveyance
thereof would be ineffective or would affectthe rights of the Assignor thereunder so that,after
the applicable Closing Date,the Assignee would not in fact receive all such rights or obtain the
benefits and rights contemplated bythis Assignment and the Exchange Agreement,then the
(82880523.2)187199v4 2
Crown BU#/Site Name: 856366/SCHOLLS&125TH
ATC Site #/Site Name: US-OR-9507/276943/HA&R G OR
Assignee may electto pursue certain options,as more particularly described in Section 2(c)of
the Exchange Agreement.
3. Assumption of Easement Documents. As of the Effective Date,Assignor hereby assigns and
transfers to Assignee,and Assignee assumes and agrees to keep,observe and perform all of the
terms,covenants,agreements,conditions and obligations(other than Pre-Closing Liabilities),
pursuantto the Easement Documents.The Assignee assumes and agrees to keep,observeand
perform those terms,covenants,agreements,conditions and obligations(otherthan Pre-Closing
Liabilities),with the same force and effect as if the Assignee instead of Assignor(orany
predecessor of the Assignor)had originally signed the Easement Documents.
4. Terms of Exchange Agreement Control. The provisions of this Assignment are subject,in all
respects,to the terms and conditions of the Exchange Agreement,including,without limitation,
all of the covenants,agreements,representations,and warranties contained therein,which shal
survive the execution and delivery of this Assignmentto the extent provided in the Exchange
Agreement. Neither the making northe acceptance of this Assignment shall in any way
supersede,modify,replace,amend,change,rescind,waive,exceed,expand,enlarge,or in any
way affectthe terms and conditions of the Exchange Agreement. In the event of any conflict or
inconsistency between the terms and conditions of this Assignment and the terms and
conditions of the Exchange Agreement,the terms and conditions of the Exchange Agreement
shall control.
5. Amendments. This Assignment may not be amended,modified orterminated except by an
instrument in writing executed bythe parties to this Assignment.
6. Interpretation and Construction.This Assignment shall be subjectto the provisions set forth in
Sections 30(g)and 30(h)of the Exchange Agreement,except to the extentthat any contrary or
different terms are set forth herein.
• 7. Successors and Assigns. This Assignment shall inure to the benefit of and be binding upon
Assignor,Assignee,and their respective successors and assigns. Except as permitted under
Section 30(d)of the Exchange Agreement,no Party may transfer or assign this Assignment or
any of its rights hereunder,without the prior written consent of the other Party.
Notwithstandingthe foregoing,a Party may assign this Assignme ntto an Affiliate or to a party
acquiring such Party or all or substantially all of the assets of such Party,provided,however,that
the terms of any such acquisition may not impair,in any substantive way,either Party's ability to
perform this Assignment.
(82880523.2)197199v4 3
Crown BU#/Site Name: 856366/SCHOLLS&125TH
ATC Site #/Site Name: US-OR-9507/276943/HA&R G OR
8. Notice. All notices must be in writing and shall be valid upon receipt when delivered by hand,
by nationally recognized courier service,or by First Class United States Mail,certified,return
receipt requested to the addresses set forth below:
To Assignor: American Towers LLC To Assignee: Crown Castle USA Inc
Attn: Landlord Relations c/o Crown Castle International
10 Presidential Way Corp.
Woburn,MA 01801 Attn: Senior Vice President,
Corporate Development
1220 Augusta Drive,Suite 600
Houston,TX 77057
With copy to: American Towers LLC With copy to: Crown Castle USA Inc
Attn: General Counsel c/o Crown Castle International
116 Huntington Avenue Corp.
11th Floor Attn: Senior Vice President and
Boston,MA 02116 General Counsel
1220 Augusta Drive,Suite 600
Houston,TX 77057
American Towers LLC
Attn: Shawn Lanier,VP Legal
10 Presidential Way
Woburn,MA 01801
Either Party,by written notice to the other in the manner provided herein,may designate one
or more different notice addresses from those set forth above. Refusal to accept delivery of any
notice or the inability to deliver any notice because of a changed address for which no notice
was given as required herein,shall be deemed to be receipt of any such notice.
9. Governing Law. Notwithstanding anything to the contrary contained in this Assignment,this
Assignment shall be governed and construed in all respects in accordance with the laws of the
State of New York(exceptto the extent the laws of the State or Commonwealth in which the
Property is situated are mandatorily applicable,in which case the laws of such State or
Commonwealth shall govern to the extent required),without regard to the conflicts of laws
provisions of New York,or,as applicable,such State or Commonwealth.Any dispute directly
related to the breach of this Assignment shall be resolved in accordance with Section 30(e)of
the Exchange Agreement.
10. Counterpart Signatures. This Assignment may be executed in several counterparts,each of
which when so executed and delivered shall be deemed an original,and all of which,when
taken together,shall constitute one and the same instrument,binding on all of the Parties,even
(82880523.2}187199v4 4
Crown BU# /Site Name: 856366/SCHOLLS&125TH
ATC Site #/Site Name: US-OR-9507/276943/HA&R G OR
though all Parties are not signatories to the original or the same counterpart. Furthermore,the
Parties may execute and deliverthis Assignment by electronic means such as.pdf or similar
format. Each of the Parties agrees that the delivery of the Assignment by electronic means will
have the same force and effect as delivery of original signatures and that each of the Parties
may use such electronic signatures as evidence of the execution and delivery of the Assignment
by all Parties to the same extent as an original signature.
11. No Merger.It is the intent of the Assignee thatthe landlord interest in the Ground Lease shall
not merge with the tenant interest in the Ground Lease,notwithstandingthat both leasehold
interests may be held at any time by the same party.
END OF DOCUMENT—SIGNATURE PAGES TO FOLLOW
(82880523.2)1871994 5
Crown BU# /Site Name: 856366/SCHOLLS&125TH
ATC Site #/Site Name: US-OR-9507/276943/HA&R G OR
IN WITNESS WHEREOF, each Party has caused this Assignment to be executed by their respective duly
authorized officers to be duly effective as of the Effective Date written above.
ASSIGNOR:
Ulysses Asset Sub II, LLC
a Delaware limited liability company WITNESSES: /
Signature: Signature. ' A 4
Print Name: Shawn Lanier Print Name: . 5 gf RK:vl
Title: Vice President, US Legal �,�1,. �
Signature:
Print Name: 1 t v1. b t
WITNESS AND ACKNOWLEDGEMENT
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF MIDDLESEX w _ ��,,,,
On this (95 day of October, 2019, before me, Pi UJvl �'- C .' �'�"((+"Q e undersigned
Notary Public, personally appeared Shawn Lanier, Vice President — US Legal, proved to me through
satisfactory evidence of identity, which was/were personally known, to be the person whose name is
signed on the preceding or attached document, and acknowledged to me that he/she/they signed it
voluntarily for its stated purpose(.).
X as Vice-President, US Legal for Ulysses Asset Sub II, LC, Del a limited liability company
. . ,, . P..."/ 1 -----_____,_.
7'7"-N MICHAEL R. DIPIETRO Signature of Notary Public
k) Notary Public
Commonwealth ciMassachusetts Printed name of Notary
My Commlalan E Inn September 26,2025
Place Notary Seal and/or Stamp Above My Commission Expires
SIGNATURES CONTINUE ON NEXT PAGE
{82880523.2}187199v4 6
Crown BU#/Site Name: 856366/SCHOLLS& 125TH
ATC Site#/Site Name: 276943/HA&R G OR
ASSIGNEE:
Global Signal Acquisitions IV LLC,
a Delaware limited liability company WITNESSES:
Signature: Signature:
Print Name: � � dic Print Name: AJ e(ai ovA:e..k
Title: �� s e
Signature: V /2k'
Print Name: WI.— ,z -n/ey
WITNESS AND ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on October 3 2019, by
the _. c..�.-✓ of Global Signal Acquisiti s IV LLC, a Dela re
limited liability�mpany, on behalf of said company.
TARA GRODA
?' ns Not Public, State of Texas
v +P Comm. Expires 02-16-2022 Notary Pu lic
Notary ID 3889625
My commission expires: /yl{ ich1D—
SEAL
Attachments:
Exhibit A: Easement Agreement
Exhibit A-1: Property
Exhibit B: Easement Area
Exhibit C: Ground Lease
(B2880523.2}187199v4 7
Crown BU#/Site Name:856366/SCHOLLS&125TH
ATC Site#/Site Name: US-OR-9507/276943 I HA&R G OR
EXHIBIT A
EASEMENT AGREEMENT
That certain Wireless Communication Easement and Assignment Agreement dated as of June 30, 2009,
by and between HA&R, LLC(aka HA&R,L.L.C.)("Grantor"),as original easementgrantor,and T6 Unison
Site Management LLC,a Delaware limited liability company('T6")as original easement grantee,
recorded on September24,2009, with the records of Washington County,Oregon,as Document No.
2009-086086.
(82880523.2(187199v4 8
Crown BU# /Site Name: 856366/SCHOLLS&125TH
ATC Site #/Site Name: US-OR-9507/276943/HA&R G OR
EXHIBIT A-1
LEGAL DESCRIPTION OF PROPERTY
Lot 1,Partition Plat No. 1993-058,in the County of Washington and State of Oregon.
AND BEING the same property conveyed to HA&R, L[C from Tammy House, Michael House,Heather
Adams and M.Dale Richards by Statutory Bargain and Sale Deed dated September 28, 2000.aztd recorded
November 07,2000 in Instrument No.2000090006.
Tax Parcel Nos.R2 143964,R2032709
(B2880523.2)187199v4 9
Crown BU# /Site Name: 856366/SCHOLLS&125TH
ATC Site 4/Site Name: US-OR-9507/276943/HA&R G OR
EXHIBIT B
LEGAL DESCRIPTION OF EASEMENT AREA
COMMUNICATION EASEMENT
That portion of the Property on which any Facilities exist on the date of this Agreement together with the portion of
the Property leased by Site Owner under the Existing Agreements, and the portion of the Property described as
follows:
atatit>_Space:
The East 12 feet of the North 33 feet of the South 53 feet of Parcel 1,of Partition Plat No. 1993-058, as found in
Partition Book 1993, Page 058, of Plat Records of Washington County, Oregon, in the City of Tigard, County of
Washington and State of Oregon. Containing 396 square feet,more or less.
Additional Staaee:
The East 20 feet of the South 20 feet of Parcel 1,of Partition Plat No. 1993-058, as found in Partition Book 1993,
Page 058,of Plat Records of Washington County,Oregon, in the City of Tigard,County of Washington and State of
Oregon. Containing 400 square feet,more or less.
ACCESS AND UTILITY EASEMENTS
That Fortiori'of the Property on which any Facilities exist on the date of this Agreement or provided by Site Owner
under the Existing Agreements for access and utility providers,including the following:
All rights of ingress and egress across the Property, more &lily described on Exhibit"A" hereof, to and from the
Communication Easement described in Exhibit B-1 hereof, providing access to a publicly dedicated roadway,
including but not limited to SW North Dakota Street(hereinafter the"Access Easement"),along with the right to
use said Access Basement for the development, repair, maintenance and removal of utilities providing service to the
Cotnius nicathon Easement and the Facilities. as defined herein,and any related activities and uses_ Said easement
being more fully described as follows:
Access and Utility Easement:
The East 12 feet and the north 12 feet of Partition Plat No. 1993-058, as found in Partition Book 1993,Page 058, of
Plat Records of Washington County, Oregon, in the City of Tigard, County of Washington and State of Oregon,
excepting the South 53 feet thereof;and,
The South 12 feet of Partition Plat No. 1993.058, as found in Partition Book 1993, Page 058, of Plat Records of
Washington County,Oregon,in the City of Tigard,County of Washington and State of Oregon,excepting the East 20
feet thereof.
[B2e80523.27187199,4 10
Crown BU# /Site Name: 856366/SCHOLLS& 125TH
ATC Site #/Site Name: US-OR-9507/276943/HA&R G OR
- ail% CROWN 1505WestlakeAveN, Ste800 DECEIVED
Phone: (503 7
Seattle,WA 98109 www.crowncaslle.com
CASTLE MAR 17 2022
CITY uh TIGARD
BUILDING DIVISION
Project Data Sheet
Business Unit(BU) 856366
Application/Order Number 591148
Crown Castle Site Name SCHOLLS& 125TH
Customer Site Number P003982A
Site Address 12655-A SOUTHWEST NORTH DAKOTA STREET
Site City, State, Zip TIGARD,OR 97223
Parcel Tax ID R2032709
Applicant/Agent T-Mobile West LLC by Crown Castle USA Inc.
Agent Address 1505 Westlake Ave N, Ste 800
Agent phone number (503)708-9200
Carrier T-Mobile
Add or replace antennas, ancillary equipment and ground equipment as per plans
Scope of work for an existing carrier on an existing wireless communication facility.
Property Owner GLOBAL SIGNAL ACQUISITIONS IV LLC
Property Owner Address PO BOX 277455,ATLANTA,GA 30384-7455
Structure Type MONOPOLE
Structure Height 55 FT
Antenna Equipment Height 75
Size of Compound Sq. Ft. 224.25 sq ft
Latitude 45° 26' 32.07"
Longitude -122°48' 16.2"
Zoning Jurisdiction CITY OF TIGARD,OR
Zoning Jurisdiction Address 13125 SW HALL BLVD.,TIGARD, OR 97223
Permitting Jurisdiction CITY OF TIGARD,OR
Permitting Jurisdiction Address 13125 SW HALL BLVD.,TIGARD, OR 97223
The Foundation for a Wireless World
CrownCastle.com
1505 Westlake Ave N, Ste 800
CROW Seattle,WA 98109 Phone: (503) 708-9200
wwacrowncas8e.com
J.114144
.0 CASTLE
March 17,2022
CITY OF TIGARD,OR
Community Development
Debbie Adamski
13125 SW HALL BLVD.
TIGARD,OR 97223
Via Walk-in
**********NOTICE OF ELIGIBLE FACILITIES REQUEST**********
RE: Request for Minor Modification to Existing Wireless Facility—Section 6409
Site Address:12655-A SOUTHWEST NORTH DAKOTA STREET,TIGARD,OR 97223
Crown Site Number:856366/Crown Site Name:SCHOLLS&125TH
Customer Site Number: POo3982A/Application Number:591148
Dear Debbie Adamski:
On behalf of T-Mobile West LLC("T-Mobile"or"Applicant"),Crown Castle USA Inc.("Crown Castle")is pleased to submit
this request to modify the existing wireless facility noted above through the collocation, replacement and/or removal of
the Applicant's equipment as an eligible facilities request for a minor modification under Section 64091 and the rules of
the Federal Communications Commission("FCC").2
Section 6409 mandates that state and local governments must approve any eligible facilities request for the modification
of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or
base station. Under Section 6409, to toll the review period, if the reviewing authority determines that the application is
incomplete, it must provide written notice to the applicant within 3o days, which clearly and specifically delineates all
missing documents or information reasonably related to whether the request meets the federal requirements.3
Additionally, if a state or local government, fails to issue any approvals required for this request within 6o days, these
approvals are deemed granted.The FCC has clarified that the 3o-day and 6o-day deadlines begins when an applicant: (1)
takes the first step required under state or local law;and(2)submits information sufficient to inform the jurisdiction that
this modification qualifies under the federal law4. Please note that with the submission of this letter and enclosed items,
the thirty and sixty-day review periods have started. Based on this filing, the deadline for written notice of incomplete
application is April 16,2022,and the deadline for issuance of approval is May 16,2022.
The proposed scope of work for this project includes:
1 Middle Class Tax Relief and Job Creation Act of 2012,Pub.L.No.112-96,§6409(2012)(codified at 47 U.S.C.§1455).
2 Acceleration of Broadband Deployment by Improving Wireless Facility Siting Policies,29 FCC Rcd.12865(2014)(codified at 47
CFR§1.6100);and Implementation of State&Local Governments'Obligation to Approve Certain Wireless Facility Modification
Requests Under Section 6409(a)of the Spectrum Act of2012,WT Docket No.19-250(June 10,2020).
3 See 47 CFR§1.6100(c)(3). 4 See 2020 Upgrade Order at paragraph 16.
The Foundation for a Wireless World
CrownCastle.com
CROWN 1505 Westlake Ave N, Ste 800
Seattle,WA 98109 I Phone: (503) 708-9200
%„�► CASTLE �� �ue�m
Add or replace antennas, ancillary equipment and ground equipment as per plans for an existing carrier on an existing
wireless communication facility.
At the end of this letter is a checklist of the applicable substantial change criteria under Section 6409.Additionally,please
find enclosed the following information in support of this request:
(1) Master Land use Application and Building Permit Application;
(2) Construction Drawings;
(3) Structural Analysis;and
(4) Section 6409 Substantial Change Checklist.
As these documents indicate, (i) the modification involves the collocation, removal or replacement of transmission
equipment; and (ii)such modification will not substantially change the physical dimensions of such tower or base station.
As such,it is an"eligible facilities request"as defined in the FCC's rules to which the 6o-day deadline for approval applies.
Accordingly,Applicant requests all authorization necessary for this proposed minor modification under Section 6409.
Our goal is to work with you to obtain approvals earlier than the deadline.We will respond promptly to any request for
related information you may have in connection with this request. Please let us know how we can work with you to
expedite the approval process.We look forward to working with you on this important project,which will improve wireless
telecommunication services in your community using collocation on existing infrastructure. If you have any questions,
please do not hesitate to contact me.
Regards,
Zarit 5'hitlipo
Zach Phillips
Site Acquisition Specialist
Crown Castle
Agent for Applicant
(503)708-9200
Zach.Phillips@crowncastle.com
The Foundation for a Wireless World
CrownCastle.com
CROWN 1505 Westlake Ave N, Ste 800
Phane: (503) 708-9200
Seattle,WA 98109 www.crowncastie.com
%so. CASTLE
Section 6409 Substantial Change Checklist
Towers Outside of the Public Right of Way
The Federal Communications Commission has determined that a modification substantially changes the physical dimension of a wireless tower or
base station under 47 U.S.C.§ 1455(a)if it meets one of six enumerated criteria under 47 C.F.R.§ 1.6100.
Criteria for Towers Outside the Public Rights of Wav
YES/NO Does the modification increase the height of the tower by more than the greater of:
NO (a) 10%
(b) or,the height of an additional antenna array plus separation of up to 20 feet from the top of
the nearest existing antenna?
YES/NO Does the modification add an appurtenance to the body of the tower that would protrude from the
NO edge of the tower more than 20 feet or more than the width of the tower structure at the level of the
appurtenance,whichever is greater?
YES/NO Does the modification involve the installation of more than the standard number of new equipment
NO cabinets for the technology involved or add more than four new equipment cabinets?
YES/NO Does the modification entail any excavation or deployment outside the current site by more than 30
NO feet in any direction,not including any access or utility easements?
YES/NO Does the modification defeat the concealment elements of the eligible support structure?
NO
YES/NO Does the modification violate conditions associated with the siting approval with the prior approval the
NO tower or base station other than as specified in 47 C.F.R§ 1.6100(0(71(i)—(iv)?
If all questions in the above section are answered"NO,"then the modification does l constitute a substantial change to the existing
tower under 47 C.F.R.§1.6100.
The Foundation for a Wireless World
CrownCastle.com
CROWN1505 Westlake Avenue North Phone (503) 708-9200
CASTLE Suite 800corn
Seattle,WA 98109 „ . .
City of Tigard R E C E I V E DI''Iarch 17, 2022
Community Development MAR 1 7 2022
13125 SW Hall Blvd.
Tigard,OR 97223 CITY OF TIGARD
PLANNING/ENGINEERING
Dear Permit Staff-
Attached is a Master Land Use Application and Building Permit Application to relocate an existing T-
Mobile communication facility onto a Crown Castle monopole located at 12655-A SW North Dakota St.
This will include an extension of Crown's existing tower facility.
Attached are:
Planning-
• Master Land Use Application
• Copy of Crown's Perpetual Easement
• List of Crown Castle's Subsidiaries from the SEC identifying Global Signal Acquisitions IV LLC
• Eligible Facilities Request Letter
• Copy of PRE2o2i-00056
• Email chain confirming error in PR2o21-0056 relating to the C-P Zone
• Mailing and Sign Posting Affidavit
• Narrative addressing federal law and Eligible Facilities
• Zoning Drawings
Building-
• Building Permit Application
• Two sets of Structural Analysis
• Three sets of Construction Drawings with Structural Designs attached.
The Public Notice Meeting is tomorrow,and Michael Gasser will be providing notes from the meeting.
Please email or call me if anything else is needed. I will be out of the country from March 18-26. My
contact information is in my signature block.
Thank you,
\r61--
Zach Phillips
Real Estate Specialist
Crown Castle
zach.phillips@crowncastle.com
503.708.920o