License & Easement Agreement
..-
Market,;, Dallas
( Site Number: DA01451D
Site Name: Bethel TXU
LICENSE AND EASEMENT AGREEMENT
This License and Easement Agreement (the "Agreement") is dated as of :3'\J) "" {P
between Riverchase Owners Association. Inc. (''Licensor''), and T-Mobile 'West
Corporation ("Licensee").
, 200~, by and
Corporation, a Delaware
REOT ALS
i WHEREAS, Licensor and Licensee wish to provide for Licensee's entry upon and access to the property
described in attached Exhibit A (the ''Property'') to locate and operate an antenna facility (the "Antenna Facilities")
COVENANTS
NOW, THEREFORE, in consideration of these premises and the mutual promises and conditions in this
Agreement, the parties agree as follows:
I. Premises. Licensor hereby licenses to Licensee the use by Licensee of the Premises (as defined below),
including certain space on the Property sufficient for the placement of the Antenna Facilities. The location and
orientation of Licensee's space on the Property, together with all necessary space and easements for access and
utilities, is generally described and depicted in attached Exhibit B (the ''Premises'').
2. Use. The Premises may be used by Licensee for the transmission and reception of radio communication
signals and for the installation, maintenance, repair or replacement of the Antenna Facilities described and depicted
in attached Exhibit B. Licensee shall, at Licensee's expense, keep and maintain the Antenna Facilities on the
Premises in commercially reasonable condition during the term of this Agreement Upon termination of this
Agreement, Licensee shall remove the Antenna Facilities from the Premises and restore the Premises to its original
condition prior to this Agreement, normal wear and tear excepted. {/,
3. Term. The term of this Agreement shall commence on ~d end on .1!q I zooK'
4. Access. Licensor shall have twenty-four-hour-a-day, seven-day-a-week access to the Premises at all
times during the term of this Agreement.
5. Environmental Laws. Licensee represents, warrants and agrees that it will conduct its activities on the
Premises in compliance with all applicable environmental laws. Licensor represents and agrees that, to the best of its
knowledge, it has in the past and will in the future conduct its activities on the Property in compliance with all
applicable environmental laws and that the Property is free of hazardous substances as of the date of this Agreement.
6. Hold Harmless. Licensee agrees to fully indemnify and hold harmless the Licensor fr?~ ~y. llQ!i all
claims arising from the installation, use, maintenance, repair or removal :of)het~ 1I~~w'!iSS_~ ~~ffii?f ll?f .claims
arising from the negligence or intentional acts of Licensor, its employees, agents or contractors:'
7. Insurance and Subrogation.
(a) Licensee will provide Commercial General Liability insurance in an aggregate amount of $1,000,000.00
and name Licensor as an additional insured on the policy or policies. Licensor may satisfy this requirement by
obtaining appropriate endorsement to any master policy of liability insurance Licensee may maintain.
(b) Licensor and Licensee hereby mutually release each other (and their successors or assigns) from
liability and waive all right of recovery against the other for any loss or damage covered by their respective first-
party property insurance policies for all perils insured thereunder. In the event of such insured loss, neither party's
insurance company shall have a subrogated claim against the other.
8. MisceUaneous. This Agreement contains the complete agreement between the parties and cannot be
varied except by the written agreement of the parties. The parties agree that there are no oral agreements,
T-MobiJe License and Easement Agreement
Page I
Market: Dallas
Site Number: DA01451D
Site Name: Bethel TXU
understandings, representations or warranties that are not expressly set forth herein. Whenever required by the
context in this Agreement, the singular number shall include the plural and neuter shall include the masculine or
feminine gender, and vice versa. Article and Section headings appearing in this Agreement are convenient reference
only and are not intended. to any extent or for any purpose, to restrict or define the text of any Article or Section.
This Agreement shall not be construed more or less favorably between the parties by reason of authorship or origin
of language. This Agreement may be executed in any number of counterparts with the same effect as if all
signatories had signed the same document All counterparts shall be construed together and shall constitute one and
the same instrument. A facsimile signature shall have the same binding effect as an original signature.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the date rust
above written.
LICENSOR:
Rivercbase Owners Association, Ioe.
By:
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Name:
Its:
LICENSEE:
T-Mobile West Corporation
By, ,i~-
Name: Jeff Hoover
Its: Area Director - Ene:ineerine:
T-Mobile Legal Approval By:
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T-Mobile License and Easement Agreement
Page 2
Market: Dallas
Site N'umber: DA014SID
Site Name: Bethel TXU
EXlDBIT A
Legal Description
LEASE AREA
BEING a tract of land situated in the James Parrish Survey, Abstract No. 1139, City of Coppell, Dallas County,
Texas, same being out of and a portion of that certain tract of land conveyed to the Dallas Power & Light Company
by General Warranty Deed dated October 22, 1956, and recorded in Volume 4594, Page 302, Deed Records, Dallas
County, Texas, and being more particularly described by metes and bounds as follows:
COMMENCING at a 1/2" iron rod found at the southeast comer of Lot 26, Block H, and also being the west line of
an alley fifteen (15.00') feet in width as dedicated by Nortblake Woodlands East 10, Phase C, an addition to the City
ofCoppell, Dallas County, Texas, according to the map or plat thereof recorded in Volume 95170, Page 1, Deed
Records, Dallas County, Texas;
THENCE crossing said alley, South 56 degrees 06 minutes 01 seconds East, a distance of 15.00 feet to in the east
line of said alley, also being the west line of a tract of land conveyed to Riverchase Owners Association Inc. by
Special Warranty Deed dated May 31, 1995, and recorded in Volume 95108, Page 5320, Deed Records, Dallas
County, Texas;
THENCE along the east line said alley, also being along the west line of said Riverchase Owners Association Inc.
tract, South 33 degrees 53 minutes 59 seconds West, a distance of 118.95 feet to a Point,;
THENCE through the interior of said Riverchase Owners Association, Inc. tract, and said Dallas Power & Light
Company tract, South 50 degrees 37 minutes 01 seconds East, a distance of351.77 feet to the POINT OF
BEGINNlNG hereof;
THENCE continuing through the interior of said Dallas Power & Light Company tract the foUowing four (4)
courses:
1. North 29 degrees 19 minutes 43 seconds East, a distance of 25.00 feet to a Point;
2. South 60 degrees 40 minutes 17 seconds East, a distance of 20.00 feet to a Point;
3. South 29 degrees 19 minutes 43 seconds West, a distance of 25.00 feet to a Point;
4. North 60 degrees 40 minutes 17 seconds West, a distance of 20.00 feet to the POINT OF BEGINNING hereof
and containing 0.0115 acres or 500 square feet of land, more or less.
S' UTILITY EASEMENT
BEING a tract of land situated in the James Parrish Survey, Abstract No. 1139, City ofCoppell, Dallas County,
Texas, same being out of and a portion of that certain tract of land conveyed to the Dallas Power & Light Company
by General Warranty Deed dated October 22, 1956, and recorded in Volume 4594, Page 302, Deed Records, Dallas
County, Texas, and being more particularly described by metes and bounds as follows:
COMMENCING at a 1/2" iron rod found at the southeast comer of Lot 26, Block H, and also being the west line of
an alley fifteen (15.00') feet in width as dedicated by Nortblake Woodlands East 10, Phase C, an addition to the City
ofCoppell, Dallas County, Texas, according to the map or plat thereof recorded in Volume 95170, Page 1, Deed
Records, Dallas County, Texas;
THENCE crossing said alley, South 56 degrees 06 minutes 01 seconds East, a distance of 15.00 feet to in the east
line of said alley, also being the west line of a tract of land conveyed to Riverchase Owners Association Inc. by
Special Warranty Deed dated May 31, 1995, and recorded in Volume 95108, Page 5320, Deed Records, Dallas
County, Texas;
T-Mobile License and Easement Agreement
Page 3
Market: Dallas
Site Number: DAOl451D
Site Name: Bethel TXU
THENCE along the east line said alley, also being along the west line of said Riverchase Owners Association Inc.
tract, South 33 degrees 53 minutes 59 seconds West, a distance of 118.95 feet to a Point,;
THENCE through the interior of said Riverchase Owners Association, Inc. tract, and said Dallas Power & Light
Company tract, the following three (3) courses:
1. South 50 degrees 37 minutes 01 seconds East, a distance of 351.77 feet to a Point, same being the southwest
comer of the lease area described hereon;
2. Along the south line of said lease area, South 60 degrees 40 minutes 17 seconds East, a distance of 20.00 feet to
a Point, same being the southeast comer of said lease area;
3. Along the east line of said lease area, North 29 degrees 19 minutes 43 seconds East, a distance of 10.00 feet to
the POINT OF BEGINNING hereof;
THENCE continuing trough the interior of said Dallas Power & Light Company tract the following four (4) courses:
1. North 29 degrees 19 minutes 43 seconds East, a distance of 5.00 feet to a Point;
2. South 60 degrees 40 minutes 17 seconds East, a distance of 72.00 feet to a Point;
3. North 29 degrees 24 minutes 00 seconds East, a distance of 64.35 feet to a Point;
4. South 60 degrees 36 minutes 00 seconds East, a distance of 5.00 feet to a Point, same being on the south line of
said Dallas Power & Light Company tract;
THENCE along the south line of said Dallas Power & Light Company tract, South 29 degrees 24 minutes 00 seconds
West, a distance of 119.02 feet to a Point;
THENCE through the interior of said Dallas Power & Light Company tract the following three (3) courses:
1. North 60 degrees 36 minutes 00 seconds West, a distance of 5.00 feet to a Point;
2. North 29 degrees 24 minutes 00 seconds East, a distance of 49.67 feet to a Point;
3. North 60 degrees 40 minutes 17 seconds West, a distance of 72.00 feet to the POINT OF BEGINNING hereof
and containing 0.0219 acres or 955 square feet of land, more or less.
15' ACCESS EASEMENT
BEING a tract of land situated in the James Parrish Survey, Abstract No. 1139, City of Coppell, Dallas County,
Texas, same being out of and a portion of that certain tract of land conveyed to the Dallas Power & Light Company
by General Warranty Deed dated October 22, 1956, and recorded in Volume 4594, Page 302, Deed Records, Dallas
County, Texas, and being out of and a portion of that certain tract of land conveyed to Riverchase Owners
Association Inc. by Special Warranty Deed dated May 31, 1995, and recorded in Volume 95108, Page 5320, Deed
Records, Dallas County, Texas, and being more particularly described by metes and bounds as follows:
COMMENCING at a 1/2" iron rod found at the southeast comer of Lot 26, Block H, and also being the west line of
an alley fifteen (15.00') feet in width as dedicated by Northlake Woodlands East 10, Phase C, an addition to the City
ofCoppell, Dallas County, Texas, according to the map or plat thereof recorded in Volume 95170, Page I, Deed
Records, Dallas County, Texas;
T -Mobile license and Easement Agn:ement
Page 4
Marltet: Dallas
Site Number. DA01451D
Site Name: Bethel TXU
THENCE crossing said alley, South 56 degrees 06 minutes 01 seconds East, a distance of 15.00 feet to the east line
of said alley, also being in the west line of said Riverchase Owners Association, Inc. tract;
THENCE along the east line said alley, also being along the west line of said Riverchase Owners Association, Inc.
tract, North 33 degrees 53 minutes 59 seconds East, a distance of 197.43 feet to the POINT OF BEGINNING
hereof;
THENCE along the east line said alley, also being along the west line of said Riverchase Owners Association, Inc.
tract, North 33 degrees 53 minutes 59 seconds East, a distance of 15.61 feet to a Point;
THENCE through the interior of said Riverchase Owners Association. Inc. tract and said Dallas Power & Light
Company tract, the following eleven (11) courses:
1. Along a curve to the right having a radius of 252.50 feet, an arc distance of 181.32 feet, through a central angle
of 41 degrees 08 minutes 38 seconds, and whose chord bears South 19 degrees 54 minutes 17 seconds East, a
distance of 177.45 feet to a Point;
2. South 00 degrees 40 minutes 03 seconds West, a distance of 116.67 feet to a Point;
3. South 03 degrees 34 minutes 42 seconds West, a distance ofD6.24 feet to a Point;
4. South 05 degrees 30 minutes 11 seconds East, a distance of 60.19 feet to a Point;
5. South 60 degrees 40 minutes 17 seconds East, a distance of 44.68 feet to a Point, same being on the west line of
the lease area described hereon;
6. Along the west line of said lease area, South 29 degrees 19 minutes 43 seconds West, a distance of 15.00 feet to
a Point;
7. North 60 degrees 40 minutes 17 seconds West, a distance of 52.51 feet to a Point;
8. North 05 degrees 30 minutes 11 seconds West, a distance of 69.22 feet to a Point;
9. North 03 degrees 34 minutes 42 seconds East, a distance of 117.05 feet to a Point;
10. North 00 degrees 40 minutes 03 seconds East, a distance of 116.29 feet to a Point;
Along a curve to the left having a radius of 237.50 feet, an arc distance of 166.34 feet, through a central angle of 40
degrees 07 minutes 46 seconds, and whose chord bears North 19 degrees 23 minutes 50 seconds West, a distance of
162.96 feet to the POINT OF BEGINNING hereof and containing 0.1792 acres or 7,804 square feet of land, more or
, less.
T-Mobile License and Easement Agreement
Page 5
Market: Dallas
Site Number: DA01451D
Site Name: Bethel TXU
EXHIBIT B
Antenna Facilities
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T-Mobile License and Easement Agreement
Page 6
Mark('!: Dallas
Site Numbel-: DA01451D
Site Name: Bethel TXU
Exhibit B (Continued)
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T-Mobile License and Easement Agreement
Page 7