HomeMy WebLinkAboutSP2016-19SP6,-19
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GRABVINE
T �E S A S CITY OF GRAPEVINE
SITE PLAN APPLICATION
PART 1. APPLICANT INFORMATION
Name of applicant: agenticompany/contact
Peter Kavanagh
Street address of applicant/ agent:
1620 Handley, Suite A
City / State / Zip Code of applicant / agent:
Dallas, TX 75208
Telephone number of applicant/ agent:
Fax number of applicant/ agent
214-941-4440
214-941-5259
Email address of appiicantlagent
Mobile phone number of applicantlagent
214-957-6188
Applicant's interest in subject property:
Representative of Verizon Wireless
PART 2. PROPERTY INFORMATION
Street address of subject property
2923 N. Grapevine Mills Blvd.
Legal description of subject property (metes & bounds must be described on 8 112" x 17"sheet)
Lot 2, Block 1 of Wagon Wheel Addition
Size of subject property
2,400 Square Feet
Acres Square footage
Present zoning classification:
CC,
Give a general description of the proposed use or uses for the proposed development:
Adding one microwave dish to existing tower
PART 3. PROPERTY OWNER INFORMATION
Name of current property owner:
Palmyra Investments Inc.
Street address of property owner.
600 N. Carroll Avenue, Suite 160
City / State / Zip Code of property owner
Southlake, TX 76092
Telephone number of property owner
Fax number of property owner:
❑ Attach a final plat, or replat, of the approved subdivision by city council showing property boundary lines, dimensions, easements,
roadways, rail lines, and public rights -of way crossing and adjacent to the tract ( i blueline copy)
❑ Submit a site plan showing all information required by Section 47.E., Site Plan review requirements (see attached requirements).
❑ All site plans must conform to the approved concept plan. Any changes to a site plan, approved with a conditional use or a special use,
can only b22p roved by city council through the public hearing process.
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PART 4. SIGNATURE TO AUTHORIZE FILING OF A FINAL SITE PLAN
Peter Kavanagh
Print Applicant's Name. Applicant's Signature:
The State Of TEXAS
County Of DALLAS
Before Me on this day personally {notary) appeared �-",;"t-S- K-0-jz 63°1 Q�
(applicant)
known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein expressed.
7-1
(Seat) Given under my hand and seat of office this day ofa 1,�4; A.D. .
`EYP SANDY S
Notary Pc}btic j'
4
° ` r State of Texas vv`'
OF CoTitCim. Expires B-14-2016 Notary in And For State Texas
Property
The State Of rk l"a
Property
County Of
Before Me .( 6' 8y on this day personally appeared_ ft
(notary) —
(prope owner)
known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein expressed.
(Seal)7".
and and seal of office this r rQ'.
JILL WILKES
otary Public, State of TexasMy Commission ExpiresFebruary 03, 2019
day of % JL L Jli )ea- A.D.v �
For
!
Prepared by.
Robert W. Mouton
Locke Lord Bissell & Liddell LLP
601 Poydras Street, Suite 2660
New Orleans, LA 70130
File: 0590924.03526
Record and Return to:
Kathy Markalinski
First American Title Insurance Company
National Commercial Services
12751 New Brittany Blvd., Suite 401
Fort Myers, Florida 33907
Phone. 1.800.585.2906
Fax: 1. 239.938.8885
Fife: #NCS»422060-FTM
Unison Site: #226289
WIRELESS COMMUNICATION EASEMENT AND ASSIGNMENT AGREEMENT
THIS WIREf ESS COMMUNICATION EASEMENT AND ASSIGNMENT AGREEMENT ("A eement")
is made as of the ( day of January, 2010 ("Effective Date"), by and between Palmyra Investments, Inc., a Texas
corporation, whose address is 3500 Grapevine Milts Parkway, Ste 100, Grapevine, TX 76051 ("Site Owner") and T6
Unison Site Management LI.C, a Delaware limited liability company, P. O. Box 1951, Frederick, Maryland 21702-
0951 ("Unison"). All references hereafter to "Unison" and "Site Owner" shall include their respective heirs,
successors, personal representatives, lessees, licensees and assigns (Unison and Site Owner, collectively, "Parties').
RECITALS
WHEREAS, Site Owner is the owner of that certain property ("Fro e ") located in the City of Grapevine,
County of Tarrant, State of Texas, having a street address of 3428 Anderson Gibson Rd., Grapevine, TX 76051, and
which Property is more particularly described on Exhibit A attached hereto.
NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars and other good and
valuable consideration; the receipt and sufficiency of which Site Owner does hereby acknowledge and grant Unison
full discharge and acquittance therefor, Site Owner and Unison agree to the following:
1. Grant of Easement.
(a) Site Owner grants, bargains, sells, transfers and conveys to Unison:
(i) an exclusive easement in, to, under and over the portion of the Property substantially as shown and/or
described on Exhibit B-1 ("Communication Easement') for the transmission and reception of any and all
wireless communication signals and the construction, maintenance, repair, replacement, improvement,
operation and removal' of towers, antennas, buildings, fences, gates, generators and related facilities
(collectively, "Facilities") and any related activities and uses including those necessary for Unison to comply
N0:0590924/03526:138267v1 (Texas)
with its obligations under the agreements listed on Exhibit C ("Existing_Agreetnents") together with the right
to enter the Property and access the Easements described below, without notice to Site Owner, twenty-four
(24) hours a day, seven (7) days a week, as may be required in connection with the activities and uses
described in this Agreement, and
(ii) a non-exclusive easement in, to, under and over portions of the Property substantially as shown and/or
described on Exhibit B-2 ("Access and Utiles Easements;" Communication Easement and Access and Utility
Easements, collectively "Easements") for ingress and egress to and from the Communication Easement and a
publicly dedicated roadway, and for the installation, repair, replacement, improvement, maintenance and
removal of utilities providing service to the Communication Easement and the Facilities, and any related
activities and uses.
(b) The Parties agree that the Communication Easement includes, without limitation, (i) the portion of the
Property leased by Site Owner under the Existing Agreements, and (ii) the portion of the Property upon which
any Facilities are located on the Effective .Date.
2. Assignment of Existing Agreements. Site Owner transfers and assigns to Unison, as of the Effective Date, all of
its right, title and interest in, to and under the Existing Agreements, including without limitation, all rents, security
deposits and other monies due the Site Owner specified therein. The Parties intend that this Agreement serve as an
absolute assignment and transfer to Unison of all rents and other monies due the Site Owner pursuant to the Existing
Agreements. Unison assumes the obligations and liabilities of Site Owner under the Existing Agreements only to the
extent that such obligations and liabilities (i) are not the responsibility of the Site Owner pursuant to the terms of this
Agreement; and (ii) accrue on or after the Effective Date.
3. Use of Easements. Consistent with the uses set forth in Section 1 above, Unison shall have the right to lease,
license, transfer or assign, in whole or in part, or permit the use of the Easements and/or its rights under this
Agreement by any third parties including communication service providers or tower owners or operators, and any
lessee or licensee under the Existing Agreements and the affiliates, agents, contractors, invitees and employees of
Unison and/or Unison's present or future lessees or licensees (collectively, "Customers").
4. Term. This Agreement and the Easements shall be perpetual commencing on the Effective Date.
Notwithstanding the foregoing, in the event Unison and Customers voluntarily cease to use the Easements (as defined
in Section 1) for a period of more than five years (for reasons other than casualty, condemnation or Act of God), the
Easements shall be deemed surrendered. Unison may surrender the Easements for any reason or at any time by giving
thirty (30) days' notice to Site Owner. Upon surrender, this Agreement shall be terminated, and Unison and Site
Owner shall execute and record such documents reasonably required to terminate the Easements. This Agreement
may not be terminated by Site Owner,
5. Improvements; Utilities. Unison and its Customers, may, at their discretion and expense, construct such
improvements in, to, under and over the Easements, consistent with the uses specified in Section 1, all of which shall
be deemed part of the Facilities. The Facilities shall remain the property of Unison and. its Customers, as applicable,
and Site Owner shall possess no right, title or interest therein. In the event that utilities necessary to serve the
Facilities cannot be installed within the Easements, Site Owner agrees to cooperate (at no cost to Site Owner) with
Unison and to act reasonably and in good faith in granting Unison the right to locate such utilities on the Property
without requiring the payment of additional fees. If necessary, Site Owner shall, upon Unison's request, execute and
record a separate written easement with Unison or with the utility company providing the utility service to reflect such
right. Site Owner hereby irrevocably constitutes and appoints Unison as its true and lawful attorney-in-fact, with full
power of substitution and resubstitution, to apply for and obtain any and all licenses, permits, consents or approvals
which may be required in connection with the use of the Easements by Unison and as necessary to comply with
applicable laws, statutes or regulations.
6. Taxes. Site Owner acknowledges that a portion of the purchase price delivered by Unison to Site Owner is for
and in consideration of the continuing obligation of Site Owner to pay, on or before the due date, all present and future
real property taxes, transfer taxes, penalties, interest, roll -back or additional taxes, sales and use taxes and all other
fees and assessments, regardless of the taxing method (the "Taxes") attributable to the Property, this Agreement and
the Easements. Without linuting the foregoing, except to the extent Taxes are the obligation of tenants under the
NO:0590924/03526:138267v1 (Texas)
Existing Agreements, Site Owner shall be solely responsible for the payment of such Taxes. Within ten (10) days of
receiving a request from Unison, Site Owner shall furnish to Unison a copy of each bill for any such Taxes and
evidence of Site Owner's payment of such bill. In the event that Site Owner fails to pay any Taxes when due, Unison
shall have the right, but not the obligation, to pay such Taxes on behalf of Site Owner. Site Owner shall reimburse
Unison for the full amount of such Taxes paid by Unison on Site Owner's behalf within five (5) business days of Site
Owner's receipt of an invoice from Unison.
7. Property Maintenance and Access. Site Owner agrees to maintain the Property. Without limiting the foregoing,
except to the extent maintenance is the obligation of tenants under the Existing Agreements, Site Owner shall be
solely responsible for the maintenance of the Property. Site Owner agrees to provide Unison and its Customers access
to and from the Easements and all other space in the Property consistent with the grant of the Easements set forth in
Section I above, twenty-four (24) hours a day, seven (7) days a week.
8. Representations; Other Covenants of Site Owner, Site Owner represents, warrants and agrees that: (a) it is the
legal owner of indefeasible and marketable title to the Property with the right, power and authority to enter into this
Agreement and to grant the Easements to Unison, and any consents and authorizations required in connection with the
execution and delivery of this Agreement have been obtained; (b) except for the Existing Agreements and as disclosed
on Exhibit D, no leases, mortgages, deeds of trust or other encumbrances affect the Property as of the Effective Date,
(c) Site Owner will comply with all governmental laws, rules and regulations applicable to the Property; (d) Site
Owner has delivered to Unison true, correct and complete copies of the Existing Agreements, and, to Site Owner's
best knowledge, no party is in default of any of their respective obligations under the Existing Agreements; (e) no
party under the Existing Agreements has advised of any intention to exercise, nor have they exercised, any right of
early termination set forth in its Existing Agreements, and further, no party has requested a reduction in the rental
amount or escalator due under the Existing Agreements; (f) as of the Effective Date, Site Owner shall not, without the
prior written consent of Unison, amend or modify the Existing Agreements in any respect or exercise any rights
granted by Site Owner to Unison under this Agreement, including, without limitation, any and all rights and remedies
of Site Owner under the Existing Agreements; (g) notwithstanding anything to the contrary in this Agreement, Site
Owner shall comply with all obligations of the lessor under the Existing Agreements which relate to the use,
ownership and operation of Property; and (h) Site Owner shall not use nor permit its affiliates, licensees, invitees or
agents to use any portion of the Property or any other property owned or controlled by Site Owner, either directly,
indirectly or by action or inaction, in a manner which in any way could result in default of the Existing Agreements or
otherwise interfere with the operations of Unison and/or any Customers.
9. Environmental Covenants. and Indemnity. Site Owner represents that it has not permitted or engaged in the use
of, and has no knowledge of, any substance, chemical or waste (collectively "Substance") located on, under or about
the Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or
regulation. Neither Site Owner nor Unison will introduce or use any such Substance on, under or about the Property
in violation of any applicable law or regulation, No underground storage tanks for petroleum or any other Substance,
or underground piping or conduits, are or have previously been located on the Property, and no asbestos—containing
insulation or products containing PCB or other Substances have been placed anywhere on the Property by Site Owner
or, to Site Owner's knowledge, by any prior owner or user of the Property. Site Owner and Unison shall each defend,
indemnify, protect and hold the other party harmless from and against all claims, costs, fines, judgments and
liabilities, including attorney's fees and costs, arising out of or in connection with the presence, storage, use or
disposal of any Substance on, under or about the Property caused by the acts, omissions or negligence of the
indemnifying party and their respective agents, contractors and employees. The foregoing indemnity shall survive any
termination. of this Agreement.
10. General Indemnity. In addition to the Environmental Indemnity set forth above, Site Owner and Unison shall
each indemnify, defend and hold the other harmless against any and all costs (including reasonable attorney's fees)
and claims of liability or loss arising (a) due to the breach of any representation, warranty or covenant of such
indemnifying party set forth herein, and (b) out of the use and/or occupancy of the Property and Easements by the
indemnifying party. This indemnity shall not apply to any claims to the extent arising from the gross negligence or
intentional misconduct of the indemnified party.
11. Assignment: Secured Parties. Unison has the unrestricted right to assign, mortgage or grant a security interest in
all of Unison's interest in and to this Agreement and the Easements, and may assign this Agreement and the
NO:0590924/03526:138267v1 (Texas)
Easements to any such assignees, mortgagees or holders of security interests, including their successors and assigns
(`Secured Party" or, collectively, "Secured Parties"), Site Owner agrees to notify Unison and Secured Parties
(provided Unison has given Site Owner notice and contact information of Secured Parties) simultaneously of any
default by Unison and give Secured Parties the same right to cure any default. If a termination, disaffirmation or
rejection of this Agreement shall occur, pursuant to any laws (including any bankruptcy or insolvency laws), Site
Owner will notify Secured Parties (provided Unison has given Site Owner notice and contact information of Secured
Parties) promptly and Site Owner shall enter into a new easement agreement with any such Secured Party upon the
same terms of this Agreement, without requiring the payment of any additional fees. If any Secured Party shall
succeed to Unison's interest under this Agreement, such Secured Party shall have no obligation to cure and no liability
for any defaults of Unison accruing prior to the date that such Secured Party succeeds to such interest. Site Owner
will enter into modifications of this Agreement reasonably requested by any Secured Party. Site Owner hereby
waives any and all lien rights it may have, statutory or otherwise, in and to the Easements and/or the Facilities or any
portion thereof.
12. Estwpel Certificate. At any time during the term hereof, each party shall have the right to deliver to the other a
statement of such party certifying: (i) that this Agreement is unmodified and in full force and effect (or, if there have
been modifications, stating the modifications and that the modified Agreement is in full force and effect); (ii) whether
or not, to the best knowledge of the responding party, the requesting party is in default in performance of any of its
obligations under this Agreement, and, if so, specifying each such. default; (iii) that there are no amounts due to the
responding party from the requesting party; and (iv) any other information reasonably requested concerning this
Agreement (the "Estoppel Certificate"). In the event the responding party fails to dispute the Estoppel Certificate by
delivery to the requesting party of a notice specifying the nature and circumstances of any matter in the Estoppel
Certificate that is disputed by the responding party within ten (10) days of receipt of the Estoppel Certificate, then all
matters specified in the Estoppel Certificate shall be deemed true and correct, and the Estoppel Certificate shall
thereafter be binding on the Parties, Secured Party or any party designated by the requesting party, and all of such
parties may thereafter rely on the Estoppel Certificate as a conclusive statement of fact by the responding party as to
the matters set forth therein.
13. Additional Customers. It is the intent of the Parties to encourage the addition of Customers to the Property
throughout and after the term hereof. Site Owner hereby irrevocably constitutes and appoints Unison as its true and
lawful attorney-in-fact, with full power of substitution and resubstitution to negotiate and consummate leases, licenses
and/or other agreements of use with Customers having a duration beyond the term of this Agreement. Site Owner
ratifies and acknowledges the right of Unison to enter into such agreements, and the Property and Site Owner will be
bound by such agreements throughout and after the termination of this Agreement for any reason. Site Owner
acknowledges that all such agreements entered into by Unison shall survive the termination of this Agreement for any
reason. Site Owner agrees that it shall not, directly or indirectly, divert or solicit the business of any of Unison's
Customers on behalf of itself or on behalf of any third party. Unison shall have a right of first refusal to acquire, on
the same terms and conditions offered by or to a third party, any interest in the Property or any portion thereof being
transferred by Site Owner for wireless communication purposes such as described in Section 1. above. Site Owner
shall, prior to granting or transferring such interest, notify Unison with a copy of the offer including the price and
terms thereof. The foregoing is a continuing right in favor of Unison and shall not be extinguished by Unison's
exercise or non -exercise of such right on one or more occasions. Upon the grant or transfer of the Property, or any
portion thereof, to a third party, Site Owner shall immediately notify Unison in writing of such grant or transfer, with
the name and address of the purchaser.
14. Condemnation. In the event of any condemnation of the Easements in whole or in part, Unison shall be entitled
to file claims against the condemning authority for, and to receive, the value of the portion of the .Property so taken on
which the Easements are located, business dislocation expenses and any other award or compensation to which
Unison may be legally entitled. Site Owner hereby assigns to Unison any such claims and agrees that any claims
made by Site Owner will not reduce the claims made by Unison.
15. Covenant Running with the Land. band. The provisions of and covenants contained in this Agreement shall run with
the land and shall bind and inure to the benefit of the Parties and their respective successors, heirs and assigns as their
interests may appear.
4
NO:0590924/03526:138267vl (Texas)
lb. Dispute Resolution.
(a) If Unison fails to perforin any of its obligations under this Agreement, Site Owner agrees to notify Unison
and any Secured Parties, provided Unison has given Site Owner notice and contact information of Secured
Parties, in writing of any default by Unison, and to give Unison and/or any Secured Parties the right to cure any
default within a period of not Iess than sixty (60) days from Unison's receipt of the written default notice. If
Unison or any Secured Parties shall fail to cure any default in accordance with this Section, Site Owner agrees
that its only remedies for such default shall be specific performance or damages. Any and all damages for which
Site Owner may be compensated is limited to the actual damages of Site Owner and Unison's liability shall be
limited to its interest in the Property. In the event that any dispute or claim arises that could impair the use or
possession of the Facilities by Unison or its Customers, Unison shall have the right to seek injunctive relief,
without the necessity of posting a bond.
(b) Except as set forth in Section 16(a), in the event of any dispute arising out of this Agreement, the following
dispute resolution process shall be followed: (i) upon a party's written notice of dispute to the other party, an
authorized representative of the Site Owner and Unison shall, through a good faith. negotiation, attempt to settle a
written resolution within thirty (30) days and (fl) if such negotiation attempts fail, the dispute shall be submitted
by the parties to a mutually agreed upon arbitrator for a binding and final arbitration decision in accordance with
the rules of the American Arbitration Association ("AAA") and using the Federal Rules of Evidence and Civil.
Procedure. In the event the parties are unable to mutually agree to an arbitrator, each party shall select their own
arbitrator, and each such arbitrator shall thereafter mutually agree on a third arbitrator, and the majority decision
by all such arbitrators shall he final and binding on the parties. Each, party shall pay one-half of all arbitrator
professional fees and the prevailing party, in, any proceedings under this Section 16, shall be entitled to recover all
costs incurred in connection therewith, including legal fees
17. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be
deemed given one (1) business day after posting with a nationally recognized overnight courier service, or the earlier
of receipt or ten (10) days after posting by registered or certified mail, return receipt requested, to the addresses of Site
Owner and Unison set forth on the signature page. Either party may change its notice address by providing a new
recipient name and address by notice as set forth in this paragraph.
18. Miscellaneous. (a) This Agreement and all Exhibits attached hereto constitute the entire agreement and
understanding of Site Owner and Unison with respect to the subject matter of this Agreement, and supersedes all
offers, negotiations and any other written or verbal agreements; (b) any amendments to this Agreement must be in
writing and executed by both parties; (c) this Agreement is governed by the laws of the State in which the Property is
located; (d) if any term of this Agreement is found to be void or invalid, such provision shall be fully severable
herefi•om and such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force
and effect, and this Agreement shall be reformed and construed as if such invalid provision had never been contained
herein, provided that if possible, such provision shall be reformed to the maximum extent permitted under applicable
Iaw to render same valid, operative and enforceable to reflect the intent of the Parties as expressed herein; (e) upon the
request of Unison, Site Owner shall execute a Memorandum of this Agreement and such plats or surveys as deemed
reasonably necessary by Unison for recordation in the public records of the County in which the Property is located;
(f) the paragraph headings of this Agreement have been inserted for convenience of reference only, and shall in no
way modify or restrict the terms of this Agreement; (g) Site Owner acknowledges that Unison has not provided any
legal or tax advice to Site Owner in connection with the execution of this instrument; and (h) this Agreement may be
executed in any number of counterparts, each of which shall, when executed, be deemed to be an original and all of
which shall. be deemed to be one and the same instrument.
(SIGNATURE PAGES FOLLOW]
NO:0590924/03526:138267v1 (Texas)
EXHIBIT A
LEGAL DESCRIPTION OF PPOPERTY
LOT 2, IN BLOCK 1, WAGON WHEEL ADDITION, AN ADDITION TO THE CITY
OF GRAPEVINE, COUNTY OF TARRANT, TEXAS, AS RECORDED UNDER
INSTRUMENT NO. D209248122.
NO:0590924/03526:138267vi {Texas}
EXHIBIT B -I
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:
LOT 2, IN BLOCK 1, WAGON WHEEL ADDITION, AN ADDITION TO THE CITY
OF GRAPEVINE, COUNTY OF TARRANT, TEXAS, AS RECORDED UDDER
INSTRUMENT NO, D209248122.
Site Owner herein agrees that this legal description may be substituted at a later date upon presentation of a survey of
the property more clearly defining the location thereof.
Agreed. and Approved:
Site Owner:
Palmvra Investments_ Inc.
I ttle: Secretary
Date:
Unison:
By:
Name.:.la.mes R. Holmes
Title: Authorized Signatory
Date:
NO:0590924/03526: € 38267v] ffexssj
above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written
WITNESSES.
STATE OF TEXAS
"SITE OWNER":
PAL MYRA INVESTMENTS, INC.,
a Texas corporation
7
ByPrintName:
Title- President
Attest:,�-
-7-
Print Name:
Title: Secretary
Address: 3.500 Grapevine Mills Pkwy, Ste 100
City: Grapevine
State: TX
Zip: 76051
Tel:
Fax: -3211 pg_
COUNTY OF -
This instrument was acknowledged before me on jAwkUY 20I0,by_-HtC�E*XkLAT [name of
officer], _-PP-9,5jj>.aW [title of officer) ofPalmyra Investments, Inc.,, a Texas corporation [name of
corporation], on behalf of said corporation.
MARCO ANTONIO MARTINEZ
Notary Public, State of Texas
My Commission Expires
A"Wt 11, 2012 Notary
MIY co is io s: 2O)e-
[SEAL] Notary
OF TEXAS
COUNTY OF -T
This instrument was acknowledged before me on ft JAWIMLY 8 2010, by A ka ?;tqr [name of
Officer], -�&7cfeeT Y
[title of officer] of Palmyra investments, Inc., a Texas corporation [name of
corporation], on behalf of said corporation.
MARCO ANTONIO MARTINEZ
Nomy Public, State of Texas
My Commission Expires
AUQWt 11, 2012
Nota li
lJok
I io
[SEAL] My c mi ion pines:
\-10:0590924/03i26:1382670 (Texas'}
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written
above.
"UNISON":
WITNESSES: T6 UNISON SITE MANAGEMENT LLC
a De ited Iisbility 1�oMpany
Print Name:TING WONG N,tne 7a . Holmes
I itle: A thorized Signatory
l
Print Name: Addres . P. O. Box 1951
4tyFrederick
State: Maryland
Zip: 21702-0951
Tel: (646) 452-5455
Pax: (301) 364-0635
STATE OF NEW YORK )
) ss.
COUNTY OF NEW YORK )
On the 8TH day of January in the year of 2010, before me, the undersigned, a Notary Public in and for said
state, personally appeared James R. Holmes, Authorized Signatory of T6 Unison Site Management LLC, personally
known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to
the within. instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that
by his/her signature on the instrument the individual or the entity upon behalf of which the individual acted, executed
the instrument.
WITNESS my h d and official seal.
Signature:
My Commission I fres:
Commission Number:
STEPHANIE NOVICK
NotaryNoDit40503a99Etc
State of Now York
Ouarsfted in N ews York
County 0
Commission Exps
N0:0590924/03526:138267vi (Texas)
EXHIBIT B•1
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 (eased by Site Owner under the Existing Agreements, and the portion of the Property described as
follows:
LOT 2, IN BLOCK 1, WAGON WHEEL ADDITION, AN ADDITION TO THE CITY
OF GRAPEVINE, COUNTY OF TARRANT, TEXAS, AS RECORDED UNDER
INSTRUMENT NO. D209248122.
Site Owner herein agrees that this legal description may be substituted at a later date upon presentation of a survey of
the property more clearly defining the location thereof.
Agreed and Approved:
Site Owner:
Palmyra investments, Inc.
By:
Name:
Title: President
Date:
Attest:
Name:
Title: Secretary
Date:
Unison:
NO:0590924/03526:138267vl (Texas)
EXH1131.T B-2
ACCESS AND UTILITY EASEMENTS
That portion of the Property on which any Facilities exist on the date of this Agreement or provided by Site Owner
Folder the Existing Agreements for access and utility providers, including the following:
All rights of ingress and egress across the Property, more fully 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 Grapevine Mills Parkway (hereinafter the "Access Easement"), along with the right to
use said Access Easement for the development, repair, maintenance and removal of utilities providing service to the
Communication Easement and the Facilities, as defined herein, and any related activities and uses. Said easement
being more fully described as follows:
Access Easement:
A 24.00 foot wide easement for ingress and egress as shown on Final Plat of Lois 1-3, Blocic I Wagon Wheel
Addition, An Addition to the City of Grapevine, County of 'Tarrant, Texas, as recorded under Instrument No.
D209248122.
Utility Easement:
A 10.00 foot wide utility easement as shown on the above recorded Final Plat.
Site owner herein agrees that this legal description may be substituted at a later date upon presentation of a survey of
the property more clearly defining the location thereof.
Agreed and .Approved:
Site Owner:
Palmyra Investments, Inc.
9
By:
Name: L A f �.—
Title: President
Date:r7
Attest:
Flame:
Title: Secretary
Date: – j r` C7
Unison:
By-
Name:
y
Name: James R. Holmes
Title: Authorized Signatory
Date:
10
N0:0590924/03526:138267v1 (Texas)
EXHIBIT 13-2
ACCESS AND UTILITY EASEMENTS
That portion 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 fully described on Exhibit "A" hereof, to and from the
Communication .Easement described in Exhibit B -l. hereof, providing access to a publicly dedicated roadway,
including but not limited to Grapevine Mills Parkway (hereinafter the "Access Easement"), along with the right to
use said Access Easement for the development, repair, maintenance and removal of utilities providing service to the
Communication Easement and the Facilities, as defined herein, and any related activities and uses. Said easement
being more fully described as follows:
Access Easement:
A 24.00 foot wide easement for ingress and egres
Addition, An Addition to the City of Grapevine,
D209248122.
Utility Easement:
s as shown on Final Plat of Lots 1-3, Block I Wagon Wheel
County of Tarrant, Texas, as recorded under Instrument No.
A 10.00 foot wide utility easement as shown on the above recorded Final Plat.
Site Owner herein agrees that this legal description may be substituted at a later date upon presentation of a survey of
the property more clearly defining the location thereof.
Agreed and Approved:
Site Owner:
Palmyra Investments, Inc.
By: _
Name:
Title:
Date:
President
Attest:
Name:
Title: Secretary
Date:
10
NO:0590924/03525:138267vl Cexas)
EXHIBIT C
EXISTING AGREEMENTS
Site Owner assigns and transfers to Unison, as of the effective date herein, all of its right, title and interest in, to
and under any existing lease agreements, and any amendments, transfers, modifications and/or assignments
thereof„ affecting any portion of the Property leased by Site Owner under any Existing Agreements, including,
without limitation, the following:
That certain Site Lease Agreement by and between W. Ray Wallace, an individual, as Landlord, and Metroplex
Telephone Company, a Texas general partnership, d/b/a MetroCel Cellular Telephone Company, dated May 19, 1993,
as amended by the First Amendment to the Site Lease Agreement dated November 26, 1997, as amended by the
Second Amendment to Lease Agreement dated _ March 1999, further amended by the Amended and Restated Site
Lease Agreement by and between Blue Dog, L.L.C., a Nevada Iimited liability company, as Landlord, and McCaw
Communications of Gainesville, TX, L.P., a Texas limited partnership, d/b/a AT&T Wireless, as Tenant, dated April
25,2003, which lease is referenced in the General Warranty Deed by Dulce Development Group, LLC to Palmyra
Investments, Inc., a Texas corporation, dated October 5, 2008 and recorded October 27, 2009, in Instrument No.
D209283284, Official Records of Tarrant County, Texas, and which lease is further amended by the First Amendment
to Amended and Restated Site Lease Agreement, dated October __,, 2008 between Dulce Development Group, LLC,
a Texas limited liability company, as successor to Blue Dog, L.L.C. and AT&T Mobility Texas, LLC, a Delaware
limited liability company, as successor to McCaw Communications of Gainesville, TX, L.P., d/b/a AT&T Wireless,
Read, Agreed and Approved:
Site Owner:
Palmyra Investments, Inc.
By:
Name:
Title: President
:Date:
Attest:
Name:
Title:
Date:
Secretary
NO:0590924/03526:138267vl (Texas)
EXHIBIT D
TITLE ENCUMBRANCES
POMNO
12
N,0:0590924/03526 -138267v1 (Texas)
2923 NORT
GRAPEVIN
MILLS
BOULEVAR]
SEPTEMBER 23, 2016
LOT 2A,BLOCK 1, WAGON WHEEL ADDITION
VERIZON SITE 295246 — 2923 NORTH GRAPEVNE MILLS BOULEVARD
it a PDF of the final
atriDIett0araoevinetexas.aov. Please do not reoroduce final conies
• On the site plan application please provide the property owner
signature based upon Tarrant County Appraisal District records.
Area Site Plan
• Please label the existing monopole.
• Please label the 207 square foot Verizon lease area.
• Much of the area site plan is not legible or washed out. Please
revise accordingly.
Site Plan
• Please dimension the fenced compound.
Antenna Array
• Please provide the existing and proposed (Verizon) antenna array.
Sheet or sheets
• Please add case number — SP16-19 to the lower right hand corner
of each sheet.
0 All sheet(s) must be legible when reduced to 11" x 17"
• Please add the signature block found below to all sheet(s) and
number the sheet(s) in consecutive order.
SITE PLAN
CITY OF GRAPEVINE
APPROVED
APPROVAL DOES NOT AUTHORIZE
ANY WORK IN CONFLICT WITH
ANY CODES OR ORDINANCES.
PLANNER
DATE
SHEET' OF
DEPARTMENT OF DEVELOPMENT SERVICES
MINIMUM SIZE 3" X 4"
THIS SIGNATURE BLOCK MUST APPEAR ON EACH PAGE OF THE SUBMITTAL AND FINAL
REVISIONS.
NUMBER EACH SHEET AS PER EXAMPLE BELOW:
SHEET I OF 4; SHEET 2 OF 4; SHEET 3 OF 4; SHEET 4 OF 4, ETC.
For verification r)urDoses Dlease email a PDF of thi
nai co
The above comments must be reflected in the revised submittal,
which upon review, can be administratively approved. Please submit
the revised documents to the Department of Development Services at 200
South Main Street.
The revised submittal shall include:
Two (2) unfolded and unbound blackline copy of each sheet, (minimum
size 22" x 34")
If you have any questions please contact Albert L. Triplett, Jr. at (817) 410-3155.
Albert Triplett
From: Peter Kavanagh <
Sent: Friday, September 23, 2016 11:14 AM
To: Albert Triplett
Cc: Peter Kavanagh
Subject: RE: 2923 North Grapevine Mills Boulevard- SP16-19
Just heard from Verizon ... we are on again ...... I will try to drop by today to provide the ownership information to
complete this. Thanks, Peter
Peter Kavanagh
Zone Systems, Inc.
1620 Handley Drive, Suite A
Dallas, TX 75208
214-941-4440
Mobile 214-957-6188
From: Albert Triplett[mailto:atriplett@grapevinetexas.gov]
Sent: Friday, September 23, 2016 8:41 AM
To: Peter Kavanagh <
Subject: Re: 2923 North Grapevine Mills Boulevard- SP16-19
Good morning Mr. Kavanagh,
will you please send a brief reply to this email that your client (Verizon) has decided to
withdraw their site plan request for 2923 North Grapevine Mills Boulevard? Thank you.
Albert L. Triplett Jr.
Planner II
City of Grapevine
200 S. Main Street
Grapevine TX 76051
817.410.3155
November 4, 2016
Peter Kavanagh
Zone Systems
1620 Handley #A
Dallas, TX 75208
Re: Case No. SP16-19
This letter is to verify that your Site Plan Review application SP 16-19 for property located
at 2923 North Grapevine Milts Boulevard and platted as Lot 2, Block 1, Wagon Wheel
was approved per the enclosed site plan on November 4, 2016. Please find enclosed an
approved site plan set for your records.
No site plan approval shall be valid for a period longer than one (1) year from the date such
approval is issued, unless a building permit is issued and construction is actually begun
within that period, and is thereafter diligently pursued to completion or an occupancy permit
Js obtained and a use commenced within that period. Approval of an application does not
authorize any work in conflict with any Codes or Ordinances of the City of Grapevine
Any changes to a site plan approved with a conditional use ora special use can only
be approved by city council through the public hearing process.
If you have any questions relative to your building permit, please contact the Plans
Examiner, at (817) 410-3165. If you have any further questions regarding your site plan
approval, please feel free to contact me at (817) 410-3155.
Since ely,
Susan Batte
Planning Technician
DEVELOPMENT SERVICES DEPARTMENT
The City of Grapevine - P.O. Box 95104 - Grapevine, Texas 76099 a (817) 410-3154
Fax (817) 410-3018 r www.grapevinetexas.gov
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