HomeMy WebLinkAboutResolution No. 2026-043CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2026- 01-4 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER
TO EXECUTE A COMMUNICATION FACILITY LICENSE
AGREEMENT BY AND BETWEEN THE CITY OF THE
COLONY AND NEW CINGULAR WIRELESS PCS, LLC (AT&T
MOBILITY CORPORATION); PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, hereby
authorizes a Communication Facility License Agreement by and between the City of
The Colony and New Cingular Wireless PCS, LLC (AT&T Mobility Corporation) for a
ground license to install a communications facility on the City's property situated at
5260 N. Colony Blvd; and
Section 2. That this Communication Facility License Agreement, attached
hereto as Exhibit "A" is found to be acceptable and in the best interest of the City and its
citizens, and the same is hereby, in all things approved.
Section 3. The City Manager is hereby authorized to execute the Agreement on
behalf of the City of The Colony, Texas.
Section 4. This Resolution shall take effect immediately from and after its
adoption and it is so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, THIS 7TH DAY OF JULY 2026.
Richard Boyer, May
City of The Colon exas
ATTEST:
• ......
Ana Alvarado, Deputy City Secretary ~'
APPROVED AS TO FORM:
EXHIBIT A
STATE OF TEXAS §
COUNTY OF DENTON §
COMMUNICATION FACILITY
LICENSE AGREEMENT
This Communication Facility License Agreement ("Agreement") is entered into this
fh day of IuW , 202-U , between New Cingular Wireless PCS,
LLC, a Delaware limited liability company ("Licensee') with a business address of 1025 Lenox
Park Blvd. NE, 3`d Floor, Atlanta, Georgia 30319 and the CITY OF THE COLONY, TEXAS, a
Texas home -rule municipality ("Licensor"), acting by and through their authorized
representatives.
For good and valuable consideration the receipt and sufficiency of which is hereby
acknowledge the parties hereto agree as follows:
1. Premises. Licensor is the owner of a parcel of land (the "Land") located in the City of
The Colony, County of Denton, State of Texas, 75056, and more particularly described as 5260
North Colony Boulevard as shown on Exhibit "A" attached hereto. Licensor hereby licenses to
Licensee, and Licensee licenses from Licensor, 375 square feet more particularly described in
Exhibit "A," and grants Licensee all licenses for access and utilities on, under and/or over the
Land necessary to operate Licensee's communications facility, except that Licensee's utilities
cannot interfere with any existing facilities on, under and/or over the Land.
2. Use. The Land may be used by Licensee for any activity in connection with the provision
of telecommunications services. Licensor agrees to cooperate with Licensee in making
application for and obtaining all licenses, permits and any and all other necessary approvals, at
Licensee's expense that may be required for Licensee's intended use of the Land.
3. Tests and Construction. Licensee shall have the right at any time following the last date
of execution of this Agreement by all parties to enter upon the Land for the purpose of making
appropriate engineering surveys, inspections, and other reasonably necessary tests. Prior to the
construction of Licensee's Facilities (herein defined), Licensee shall submit all plans and
specifications related to the placement of Licensee's Facilities on the Land to Licensor for review
and approval, which approval shall not be unreasonably denied, delayed, and conditioned. Upon
Licensee's request, Licensor agrees to provide to Licensee copies of all plans, specifications and
surveys or site plans for the Land.
4. Term. The term of this Agreement shall be Five (5) years commencing on the earlier of
the start of construction of Licensee Facilities or twelve (12) months after full execution of this
Agreement by both parties ("Commencement Date") and terminating on the fifth anniversary of
the Commencement Date (the "Term") unless otherwise terminated as provided herein. This
Agreement will automatically renew for three (3) additional five (5) year term(s), each five (5)
year term shall be defined as the "Extension Term"), upon the same terms and conditions unless
the Licensee notifies the Licensor in writing of Licensee's intention not to renew this Agreement
at least sixty (60) days prior to the expiration of the existing Term or Extension Term. It is
expressly understood that all rights granted to Licensee under this Agreement are irrevocable
until this Agreement expires or sooner terminates as provided herein.
5. License Fees
(a) Within fifteen (15) days of the Commencement Date and on the first day of each
month thereafter, Licensee shall pay to Licensor a license fee in the amount of Two Thousand
and No/100 Dollars ($2,000.00) per month ("License Fee") in annual payments of Twenty Four
Thousand and No/100 Dollars ($24,000.00) commencing on the earlier of the start of
construction activities or twelve (12) months after full execution of this Agreement with an
increase of three percent (3%) fees each year. The License Fee shall be payable to Licensor at City
of The Colony, 6053 Main Street, The Colony, Texas 75056, Attn: Finance Director.
(b) The Agreement will allow automatic renewal for three (3) additional 5 -year terms
unless Licensee notifies Licensor that Licensee does not want to renew the Agreement.
6. Facilities; Utilities; Access.
(a) Licensee has the right to erect, maintain and operate on the Land communications
facilities, including without limitation utility lines, transmission lines, equipment shelter(s),
electronic equipment, transmitting and receiving antennas and supporting equipment and
structures thereto ("Licensee Facilities"), which facilities are depicted in the schematic or diagrams
shown on Exhibit "B" attached hereto and is, by this reference, incorporated herein as if fully set
out. In connection therewith, Licensee has the right to do all work necessary to prepare, maintain
and alter the Land for Licensee's business operations and to install transmission lines connecting
the antennas to the transmitters and receivers. Licensee further has the right but not the obligation
to add, modify and/or replace equipment in order to be in compliance with any current or future
federal, state or local mandated application, including, but not limited to, emergency 911
communication services, at no additional cost to Licensee or Licensor. Licensee has the right to
install and operate transmission cables from the equipment shelter or cabinet to the antennas,
electric lines from the main feed to the equipment shelter or cabinet and communication lines from
the main entry point to the equipment shelter or cabinet. Licensee has the right to modify,
supplement, replace, upgrade, and/or expand the equipment at any time during the Term of this
Agreement. All of Licensee's construction and installation work shall be performed at Licensee's
sole cost and expense and in a good and workmanlike manner. Title to the Licensee Facilities shall
be held by Licensee. All of Licensee Facilities shall remain Licensee's personal property and are
not fixtures. Licensee has the right to remove all Licensee Facilities at its sole expense any time
before, or within sixty (60) days after the expiration or earlier termination of the Agreement;
provided Licensee repairs any damage to the Land caused by such removal. LICENSEE SHALL
NOT DAMAGE, OR INJURE, OR IMPEDE ANY FACILITIES OR EQUIPMENT ON, UNDER
OR OVER THE LAND IN THE ERECTION, INSTALLATION, CONSTRUCTION OR
MAINTENANCE OF LICENSEE'S FACILITIES AND SHALL INDEMNIFY, HOLD
HARMLESS AND DEFEND LICENSOR FROM ANY AND ALL LOSS, DAMAGE OR
INJURY CAUSED IN WHOLE OR IN PART BY LICENSEE OR ITS AGENTS,
REPRESENTATIVES OR EMPLOYEES IN THIS REGARD, EXCEPT FOR LOSS, DAMAGE
OR INJURY CAUSED BY ANY NEGLIGENCE OR WILLFUL MISCONDUCT OF
LICENSOR, ITS EMPLOYEES, AGENTS, CONTRACTORS OR SUBCONTRACTORS.
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(b) Licensor waives any lien rights it may have concerning the Licensee Facilities, all
of which are deemed Licensee's personal property and not fixture, and Licensee has the right to
remove the same at the time without Licensor's consent, whether or not the same is deemed real
or personal property under applicable laws, and provided Licensee does not damage, injure or
impaired any other facilities or equipment on, over, and/or under the Land.
(c) Licensee shall have the right to install utilities on, under and across the Land, at
Licensee's expense, and to improve the present utilities on the Land (including, but not limited to,
the installation of emergency power generators). Licensee agrees to obtain separate utility service
from any utility company that will provide service to the Land. Licensor agrees to sign such
documents or easements as may be required by said utility companies to provide such service to
the Land, including the grant to Licensee or to the servicing utility company, of an easement in,
over, across or through the Land as may be reasonably required by such servicing utility company
to provide utility services as provided herein.
(d) Licensee, Licensee's employees, agents, subcontractors, lenders, and invitees shall
have access without prior notice to Licensor twenty-four (24) hours a day, seven (7) days a week,
from the public right of way to the Land after providing 48 hour notice to the Water Production
Manager, except in the event of an emergency in which case Licensee shall provide notice as soon
as practicably possible.
7. Special Conditions
(a) There may be some upgrades needed in Licensor's equipment to ensure the new
system does not impact or interfere with Licensor's system frequency. If a study and / or upgrade
or any modifications are needed, these upgrades would need to be paid for by Licensee during
design of the facility.
(b) Revenue Sharing - This location may only be used to provide cellular service for
Licensee and co -location by others is not allowed.
(c) Licensor shall maintain existing access roadways from the nearest public roadway
to the Land in a manner sufficient to allow pedestrian and vehicular access at all times under
normal weather conditions. Licensor shall be responsible for maintaining and repairing such
roadway, except for any damage caused by Licensee's use of such roadways.
(d) Licensee agrees that surfaces inside fenced equipment area and entry driveway shall
be constructed of concrete to limit required maintenance, Licensee will provide all maintenance
necessary to properly screen the paved driveway and fenced equipment area.
(e) The existing entry access road is rated for light duty vehicles Licensee agrees to
utilize light-duty vehicles or reconstruct as necessary if heavy duty vehicles need to utilize this
area during construction and / or maintenance of the wireless facility installed.
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8. Interference
(a) Licensee shall operate the Licensee Facilities in a manner that will not cause
interference to Licensor and other licensees using the Land, provided such equipment is properly
installed and lawfully operated, and predates the installation of the Licensee Facilities. All
operations by Licensee shall be in compliance with all Federal Communications Commission
("FCC") requirements.
(b) The Licensor will not grant a License to any other party for the use of the Licensor's
Land without including in that License a provision stating that the party's use will not in any way
adversely affect or interfere with the Licensee's use of the Land for telecommunication services.
Furthermore, the Licensee shall have the right to terminate this Agreement upon thirty (30) days'
notice to the Licensor if another user of the Land causes significant interference with Licensee's
operations, and such interference is not corrected within thirty (30) days following the notice.
Licensee shall leave the sole burden of, and be responsible for all costs associated with, alleging
and proving that another user of the Land is causing significant interference, or for otherwise
enforcing Licensee's rights under this Agreement.
9. Taxes. Licensee shall be responsible for and pay any lawful taxes directly attributed to the
Licensee Facilities or Licensee's use of Land.
10. Condition of Site. Licensee accepts the Land as is, in its current condition, and the
Licensor makes no representation or warranties, and hereby disclaims any and all such
representation or warranties, express or implied, of any kind or nature, with regard to the Land.
Upon expiration, cancellation, or termination of this Agreement, the Licensee shall remove
its equipment, antenna systems and structures from the Land at Licensee's sole cost and expense.
However, upon vacation of this site, Licensee shall surrender the Land in substantially the same
condition as received, except for ordinary wear and tear, as reasonably determined by the Licensor.
If, as determined by the Licensor, the Land is not surrendered in reasonably satisfactory condition,
the Licensee shall be liable to the Licensor for an amount representing the actual cost to restore
the Land to substantially the same condition as received. Should Licensee fail to remove the
equipment, antenna systems and structures, Licensor may, upon thirty (30) days' written notice by
Licensor to Licensee, remove and store such equipment, antenna systems and structures. In the
event that Licensee shall not effect such timely removal, and provided at least sixty (60) days have
elapsed since the original written notice to Licensee, the equipment, antenna systems and structures
shall be deemed abandoned and Licensor may remove and dispose of such equipment, antenna
systems and structure.
Any permanent improvements or fixture installed on the Land by Licensee shall become
the property of the Licensor upon the expiration of this Agreement.
11. Termination. This Agreement may be terminated without further liability on thirty (30)
days prior written notice as follows: (i) by either party upon a default of any covenant or term
hereof by the other party, which default is not cured within sixty (60) days of receipt of written
notice of default, provided that the grace period for any monetary default is twenty (20) business
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days from receipt of notice; (ii) by Licensee for any reason or for no reason, provided Licensee
delivers written notice of early termination to Licensor no later than thirty (30) days prior to the
Commencement Date; (iii) by Licensee if it does not obtain or maintain any license, permit or
other approval necessary for the construction and operation of Licensee Facilities; (iv) by Licensee
if Licensee is unable to occupy and utilize the Land due to an action of the FCC, including without
limitation, a take back of channels or change in frequencies; (v) by Licensee if Licensee determines
that the Land is not appropriate for its operations for economic or technological reasons, including,
without limitation, signal interference; or (vi) by Licensor in the event of an overriding public
need or a determination of the governing body of Licensor that such termination is necessary to
preserve the public health, safety or welfare, as determined by the Licensor in its reasonable
discretion, by written notice, delivered not less than one hundred eighty (180) days prior to
termination of the then current term.
12. Destruction or Condemnation. If the Land or Licensee Facilities are materially damaged,
abandoned, removed, destroyed, or condemned, Licensee may elect to terminate this Agreement
as of the date of the damage, destruction, or condemnation by giving notice to Licensor no more
than forty-five (45) days following the date of such damage, destruction, or condemnation. In the
event of damage or destruction, if Licensee elects to continue this Agreement, then all License
Fees shall continue for the term or extension tern of the Agreement.
13. I3nsurance. Licensee, at Licensee's sole cost and expense, shall carry and maintain on the
Land and on the Licensee Facilities, bodily injury and property damage insurance with a combined
single limit of One Million and 00/100 Dollars ($ 1,000,000.00) per occurrence and Two Million
and 00/100 Dollars ($2,000,000.00) in the aggregate. Such insurance shall insure, on an occurrence
basis, against liability of Licensee, its employees and agents arising out of or in connection with
Licensee's use of the Land, all as provided for herein. Licensor shall be included as an additional
insured on Licensee's policy by endorsement as respects this agreement. Licensee shall provide to
the Licensor a certificate of insurance evidencing the coverage within this (30) days of the
Commencement Date, and annually thereafter.
14. Assignment. Licensee may not without the prior written consent of Licensor (1 ) assign or
otherwise transfer all or any part of its interest in this Agreement or (2) permit another to use the
Land; provided, however, that Licensee may assign or transfer without Licensor's consent
Licensee's interest to its parent company, any subsidiary or affiliate of it or its parent company or
to any successor -in -interest or entity acquiring fifty-one percent (51%) or more of its stock or
assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Paragraph
6(b) above. Upon assignment, Licensee shall be relieved of all future performance, liabilities, and
obligations under this Agreement, provided that the assignee assumes all of Licensee's obligations
herein. Licensor may assign this Agreement, which assignment may be evidenced by written notice
to Licensee within a reasonable period of time thereafter, provided that the assignee assumes all
of Licensor's obligations herein, including but not limited to, those set forth in Paragraph 6(b)
above.
15. Warranty of Title. Licensor warrants that: (i) Licensor owns the Land in fee simple and
has rights of access thereto and the Land is free and clear of all liens, encumbrances and
restrictions; and (ii) Licensor has full right to make and perform this Agreement.
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16. Flazardous Substances. Licensee agrees that it will not use, generate, store or dispose of
any Hazardous Material on, under, about or within the Land in violation of any law or regulation.
Licensee agrees to assume all duties, responsibilities and liabilities at their sole cost and expense
for payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to
any action, notice, claim, order, summons, citation, directive, litigation, investigation or
proceeding which is related to (i) Licensee's failure to comply with any environmental or industrial
hygiene law, including without limitation any regulations, guidelines, standards or policies of any
governmental authorities regulating or imposing standards of liability or standards of conduct with
regard to any environmental or industrial hygiene conditions or matters as may now or hereafter
be in effect, or (ii) any environmental or industrial hygiene conditions that arise out of or are in
any way related to the condition of the Land and Licensee's activities conducted by the party
thereon, unless the environmental conditions are caused by another party. The provisions of this
section will survive the expiration or termination of this Agreement.
17. Liability and Indemnity.
(a) LICENSEE SHALL AT ALL TIMES COMPLY WITH ALL LAWS AND
ORDINANCES AND ALL RULES AND REGULATIONS OF MUNICIPAL, STATE AND
FEDERAL GOVERNMENT AUTHORITIES RELATING TO THE INSTALLATION,
MAINTENANCE, HEIGHT, LOCATION, USE, OPERATION, AND REMOVAL. OF THE
EQUIPMENT, ANTENNA SYSTEMS, AND OTHER ALTERATIONS OR IMPROVEMENTS
AUTHORIZED HEREIN, AND SHALL FULLY INDEMNIFY THE LICENSOR AGAINST
ANY LOSS, DAMAGE, COST, OR EXPENSE WHICH MAY BE SUSTAINED OR
INCURRED BY THE LICENSOR AS A RESULT OF LICENSEE'S INSTALLATION,
OPERATION, OR REMOVAL OF SAID IMPROVEMENTS, EXCEPT FOR LOSS, DAMAGE,
COST OR EXPENSE ARISING FROM LICENSOR'S NEGLIGENCE OR WILLFUL
MISCONDUCT.
(b) LICENSEE AGREES AND IS BOUND TO INDEMNIFY, DEFEND, AND
HOLD HARMLESS LICENSOR AGAINST ANY AND ALL CLAIMS FOR ANY LOSS OR
DAMAGES THAT MAY ARISE OUT OF THE USE, MAINTENANCE, AND OCCUPANCY
OF LICENSEE'S FACILITIES AND USE OF THE LAND BY LICENSEE, EXCEPT FOR
LOSS, DAMAGE, COST OR EXPENSE ARISING FROM LICENSOR'S SOLE OR
CONCURRENT NEGLIGENCE OR WILLFUL MISCONDUCT.
(c) LICENSEE AGREES THAT LICENSEE SHALL INDEMNIFY, DEFEND,
RELEASE, ACQUIT, AND HOLD FREE AND HARMLESS THE LICENSOR, ITS AGENTS,
REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS,
DEMANDS, CAUSES OF ACTION, LIABILITIES, LOSSES, AND DAMAGE, WHETHER
ASSERTED BY LICENSEE, ITS AGENTS, REPRESENTATIVES OR EMPLOYEES, OR
ANY THIRD PARTY WHICH IN ANY WAYS RELATES TO OR ARISES FROM
LICENSEE'S FACILITIES OR THE INSTALLATION OR MAINTENANCE THEREOF, OR
FROM LICENSEE'S ENTRY ONTO AND UTILIZATION OF THE LAND, , BUT NOT
INCLUDING THOSE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR
WILLFUL MISCONDUCT OF THE LICENSOR, ITS AGENTS, SERVANTS OR
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EMPLOYEES.
18. Miscellaneous.
(a) This Agreement constitutes the entire agreement and understanding between the
parties, and supersedes all offers, negotiations and other agreements concerning the subject matter
contained herein. Any amendments to this Agreement must be in writing and executed by both
parties.
(b) If any provision of this Agreement is invalid or unenforceable with respect to any
party, the remainder of this Agreement or the application of such provision to persons other than
those as to whom it is held invalid or unenforceable, shall not be affected and each provision of
this Agreement shall be valid and enforceable to the fullest extent permitted by law.
(c) This Agreement shall be binding on and inure to the benefit of the successors and
permitted assignees of the respective parties.
(d) Any notice or demand required to be given herein shall be made by certified or
registered mail, return receipt requested, or reliable overnight courier or email to the address of the
respective parties set forth below:
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Licensor: City of The Colony Licensee: To Licensee's Lease Administration
ATTN: Ron Hartline Department by email at
6800 Main Street NoticeIntake@att.com
The Colony, Texas
75056
With a copy New Cingular Wireless PCS, LLC
to: Attn: Legal Dept — Network Operations
Cell Site #: DDL00397 (TX)
Fixed Asset: 15682079
208 South Akard Street
Dallas, TX 75202-4206
Licensor or Licensee may from time to time designate any other address for this purpose by
written notice to the other party. Notices by email to Licensee's Lease Administration
Department will be effective on the first calendar day after it was sent unless the sender receives
an automated message that the email has not been delivered. Electronic mail shall be sent with
a read receipt, but a read receipt shall not be required to establish that notice was given and
received. All notices hereunder shall be deemed received upon actual receipt.
(e) This Agreement shall be governed by the laws of the State of Texas; and venue for
any action shall be in any court of proper jurisdiction in Denton County, Texas.
(f) In any case where the approval or consent of one party hereto is required, requested
or otherwise to be given under this Agreement, such party shall not unreasonably delay or withhold
its approval or consent.
(g) All Exhibits annexed hereto form material parts of this Agreement. There are no
other agreements, oral or otherwise, which form any part of the agreements between the parties
hereto other than this Agreement.
(h) This Agreement may be executed in duplicate counterparts, each of which shall be
deemed an original.
"*SIGNATURES ON FOLLOWING PAGE'*
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Docusign Envelope ID: 7C5BB33D-42E0-80B7-83C6-40E9AD993989
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
ATTEST:
Tina Stewart, City Secretary
LICENSOR:
CITY OF THE COLONY, TEXAS,
A Texas home -rule Inunicipai'
TroPo , Gity Manager
.
D "fined: i _-7 - wP
LICENSEE:
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
Slgned by:
By: t,wy�c, Q�nln, i�o�saw
Na ��,fiod�eig�FAnn Dodson
Title: [Area Manager C&E
Date Signed: 6/9/2026 106:30 PDT
Vj
EXHIBIT A
Page 1 of 3
DESCRIPTON OF LAND
The Land is described and/or depicted as follows (metes and bound description):
tract of land situated In the D.B.B. & C.R.R. Survey. AMCract No. 194, Osnton
Texas, and being in Cho City of The Colony, Tom, and being more particularly descri-
follovs:
NG at thus intersection of the north line of north Colony Blvd. (IW' R.O.W.) and the
!e of PrUlLt Read (50' R.O.Y.);
i
N 770 16' 33" W. 165.84 feet along said north liana;
X 17° 17' 39" 9, 130.00 feet;
jS Ve 15' 33" E, 103.29 feet;
S 25' 22' 11" W. 131.17 feet along said veer Use to the Place of Beginning and contain-
ing 4,521 acres of land.
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EXHIBIT A
Page 2 of 3
ACCESS AND UTILITY EASEMENT (A.U.E.) METES AND BOUNDS DESCRIPTION
BEING a 0.2055 acre (8,953 square foot) tract of land situated in the RP Hardin Survey, Abstract No. 611
of Denton County, Texas and being a portion of a called 0.521 acre tract of land as described in an
instrument to The Colony Municipal Utility District No. 1 recorded under Volume 885, Page 292 of the
Deed Records of Denton County, Texas (D.R. D.C.T.), said 0.2055 acre tract of land described by metes
and bounds as follows, with all bearings based on the Texas Coordinate System of 1983 (NAD83), North
Central Zone 4202:
COMMENCING at a 5/8 -inch iron rod with cap stamped "BURNS SURVEYING" found for the
Southeast corner of Lot 15, Block 125 of THE COLONY NO. 19, a subdivision per plat recorded under
Volume K, Page 93 of the Denton County Map Records (D.C.M.R.) and an interior right-of-way corner
of North Colony Boulevard (100 feet wide) as shown on said THE COLONY NO. 19, lying on the West
line of said 0.521 acre tract, from which a found "X" in concrete found for the common South corner of
said Lot 15 and Lot 16 of said Block 125 bears N 72°36'27" W, a distance of 64.00 feet;
THENCE, over and across said 0.521 acre tract, the following courses and distances:
N 82°11'53" E, a distance of 31.49 feet to the POINT OF BEGINNING and the Southwest
corner of the herein described tract;
N 17°34'55" E, a distance of 48.69 feet to an interior corner of the herein described tract;
N 73°38'44" W, a distance of 25.01 feet to a point for corner;
N 17°34'55" E, a distance of 48.36 feet to the Northwest corner of the herein described tract,
lying on the North line of said 0.521 acre tract and the South line of a 15 ally as shown on said
THE COLONY NO. 19;
THENCE, S 72°36'27" E, along and with the North line of said 0.521 acre tract and the South line of said
15 foot ally, a distance of 20.00 feet to a point for corner;
THENCE, over and across said 0.521 acre tract, the following courses and distances:
S 17°34'55" W, a distance of 26.58 feet to an interior corner of the herein described tract;
S 72'24'15 " E, a distance of 117.60 feet to the Northeast corner of the herein described tract;
S 17°34'55" W, a distance of 70.00 feet to the Southeast corner of the herein described tract;
N 72°24'15" W, a distance of 112.60 feet to the POINT OF BEGINNING and containing 0.2055
of one acre (8,953 square feet) of land.
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EXHIBIT A
Page 3 of 3
LEASE SITE (L.S.) METES AND BOUNDS DESCRIPTION
BEING a 0.0086 acre (375 square foot) tract of land situated in the RP Hardin Survey, Abstract No. 611
of Denton County, Texas and being a portion of a called 0.521 acre tract of land as described in an
instrument to The Colony Municipal Utility District No. 1 recorded under Volume 885, Page 292 of the
Deed Records of Denton County, Texas (D.R. D.C.T.), said 0.0086 acre tract of land described by metes
and bounds as follows, with all bearings based on the Texas Coordinate System of 1983 (NAD83), North
Central Zone 4202:
COMMENCING at a 5/8 -inch iron rod with cap stamped "BURNS SURVEYING" found for the
Southeast corner of Lot 15, Block 125 of THE COLONY NO. 19, a subdivision per plat recorded under
Volume K, Page 93 of the Denton County Map Records (D.C.M.R.) and an interior right-of-way corner
of North Colony Boulevard (100 feet wide) as shown on said THE COLONY NO. 19, lying on the West
line of said 0.521 acre tract, from which a found "X" in concrete found for the common South corner of
said Lot 15 and Lot 16 of said Block 125 bears N 72°36'27" W, a distance of 64.00 feet;
THENCE, N 17023'36" E, along and with the East line of said Lot 15 and the West line of said 0.521 acre
tract, a distance of 46.65 feet to a point;
THENCE, over and across said 0.521 acre tract, the following courses and distances:
S 72024'13 " E, 3.60 feet to a 5/8 -inch iron rod with cap stamped "CORE LAND SURVEYING"
set for the POINT OF BEGINNING and the Southwest corner of the herein described tract;
N 17°34'55" E, a distance of 15.00 feet to a 5/8 -inch iron rod with cap stamped "CORE LAND
SURVEYING" set for the Northwest corner of the herein described tract;
S 73°38'44" E, a distance of 25.01 feet to a 5/8 -inch iron rod with cap stamped "CORE LAND
SURVEYING" set for the Northeast corner of the herein described tract;
S 17°34'55" W, a distance of 15.00 feet to a 5/8 -inch iron rod with cap stamped "CORE LAND
SURVEYING" set for the Southeast corner of the herein described tract;
N 73°38'44" W, a distance of 25.01 feet to the POINT OF BEGINNING and containing 0.0086
of one acre (375 square feet) of land.
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EXHIBIT B
13
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LOT 11 I
/ 1
LOT 12
FND. 5/8" I.R_ I r
1 �
/ 1
1 �
592.27 1
\ 592.58
T 1 59082 1/
r s9z.4
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v.
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I 590.82 ssr. �s 592,
/ SITE BENCHMARK ® 1
/ CABLE L6s9�.6
/ BOX
�•s
CONC. li
ss
DRIVE / 91.9
91.8
591.9 51.6
591.4 91
LOT 16 / 590.4 5922 s9j&
1 LOT 15 59t.$ /
COMPOUND
/ BLOCK 125 11) '�j 59198
1 591.�
592.1
X592tLEA\
1 0.0086SE SITE S�2
ACRES S" 24 Se\
/ (375 SQ. FT.) k8
/ S72'24'13"E 3.60' C "S"
4q
LOT 13
i3.3
593.3
9ai 00
Sz
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591-ar
592-4
592.4
92. a 9
592.3
LINE TABLE
NO.
BEARING
LENGTH
Ll
N 17°34'55" E
15.00'
L2
S 73°38'44" E
25.01'
L3
S 17°34'55" W
15.00'
L4
N 73°38'44" W
25.01'
N 17°34'55" E
48.36'
S 72°36'27" E
20.00'
HL6
S 17°34'55" W
26.58'
N 73°38'44" W
25.01'
L9
I N 12"35'43" W
6.75'
LOT 14
1
/
/
FND. 5/8" I.R.
FND. 1/2" I.R.
Z"a
hg
CALLED 0.521 ACRES
THE COLONY MUNICIPAL
\ \ UTILITY DISTRICT NO. 1
VOL 885, PG. 292
t7 `,� EXISTING
/ + GENERATOR WATER \ D.R. D.C.T.\
1 P.O.B. I L¢ TOWER
59252 92.50 \
THE COLONY NO. 19 590.4
/ VOL. K, PG. 93 D.C.M.R.ACCESS & UTILITY EASEMENT
{
/ 441 0.2055 ACRES
X sso s h (8,953 SQ. FT.)
` I�FND- "X" IN CONCRETE It h
\ vo
/d' 592 38
s +� 5921
X 591 6 X X f c{� x
36
?7bw
64 p0' 2 49 592.3 VAULT "92.5 s9z.sz
1 53"E 31• x 592.52 Vt�
` \ \ Bill, • \ \ 42.30 ►M
_ P.O.C. 592-52 ^�
(ALL TRACTS) P.O.B. GENERATOR
\ \ 592.63
FND. 5/8" I.R. (A.U.E.) \?.2'
W/"BURNS SURVEYING" CAP j
590.4 \ \ j j X 92.30 $92.44
6p' CONC.
_ \
X 591.2 \ DRIVE
_
89.7 1
590.7
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