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GRANT OF EASEMENT
000688
IRISH PROPERTIES, LLC ("Grantor"), hereby acknowledges, CONVEYS AND
WARRANTS to SILVER STAR TELEPHONE COMPANY, INC. ("Grantee"), an easement
for the benefit of the Grantee on the following described real estate situate in the County of
Lincoln and State of Wyoming, for the following purposes and under the following conditions:
1. Purpose of Easement. This easement shall be for the purpose of Right-of-Way for
telecommunications lines and to construct, operate, repair, maintain, relocate and replace
thereon underground telecommunication facilities, and included as necessary and
reasonable rights of ingress and egress to accomplish said operation, maintenance, repair,
relocation and replacement. The Grantor reserves the right to place asphalt pavement or
concrete over the facilities. The Grantee shall, at its sole expense and to the satisfaction
of the Gnmtür, æplace to original condition, any asphalt or concrete that requires removal
in order to maintain or replace said facilities and will not excavate more than one access
to the property at anyone time. The Grantee may trim or remove trees, shrubbery,
undergrowth or other obstructions that pose a threat of damage to the utilities.
Description of Easement. A 20' strip along the entire southerly 246.89' of that part of
Tract 3A of Palis Park Subdivision which is located in Section 29, T37N, R118W, and
recorded with the office of the Clerk of Lincoln County having a receiving number
0927596. See "Exhibit A" attached hereto.
2. Release. Without limiting any other provision in this Agreement, Grantee hereby releases
and discharges Grantor, its affiliates and its managers, members, employees, agents,
contractors, subcontractors, licensees, invitees, successors and assigns from and against
(i) any and all claims, demands, judgments, settlements, damages, actions, and causes of
actions initiated by governmental agencies or authorities or other third parties; and (ii) all
liabilities, penalties, costs, and all expenses of any kind whatsoever, including without
limitation, claims arising out of loss of life, injury to persons, property, or business or
damage to natural resources, to the extent that any of the foregoing arise out of or are
related to the easement granted herein and the actions of the Grantee, its employees,
agents, contractors and licensees.
3. Indemnification.
a. Each party (the "Indemnifying Party") agrees to indemnify and hold the other
Party (the "Indemnified Party") harmless from any and all claims, demands,
actions, losses, liabilities, judgments and expenses, including without limitation,
reasonable attorney's fees and costs of litigation with respect to personal injury or
property damage attributable to any occurrence in, upon or at the Property which
is proximately caused by any negligent act or omission of the Indemnifying Party
or Indemnifying Party's agents, employees or invitees.
b.
The Indemnified Party will notify the Indemnifying Party promptly in writing of
any written claims, lawsuits or demand by third parties for which the Indemnified
Party alleges that the Indemnifying Party is responsible under this Section and
RECEIVED 10/10/2008 at 11:17 AM
RECEIVING # 942794
BOOK: 706 PAGE: 688
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
\ì;
C00689
tender the defense of such claim, lawsuit or demand to the Indemnifying Party.
The Indemnified Party also will cooperate in every reasonable manner with the
defense or settlement of such claim, demand or lawsuit.
c. The Indemnifying Party will not be liable under this Section for settlements by the
Indemnified Party of any claim, demand or lawsuit unless the Indemnifying Party
has approved the settlement in advance or unless the defense of the claim, demand
or lawsuit has been tendered to the Indemnifying Party in writing and the
Indemnifying Party has failed promptly to undertake the defense.
4. Additional Agreement. The easement granted herein is located on or under two
driveways adjacent to Greys River County Road constructed by Grantor and as depicted
on that certain survey prepared by Cherbel, Ltd. as of April 22, 2008, referred to herein as
"Driveway A" and "Driveway B". Grantee hereby agrees not to construct, operate,
repair, maintain, relocate or replace the underground telecommunication facilities located
under Driveway A (or Driveway B) until it has completed any and all work associated
with Driveway B (or Driveway A). It is the intent of the Grantor pursuant to this Section
4 to keep either Driveway A or Driveway B in a condition that is useable by Grantor's
tenant at all times notwithstanding any rights granted to Grantee under this Agreement.
5. Assignability. This Grant of Easement shall not be assignable by the Grantee without
consent of Grantor which such consent shall not be unreasonably withheld.
6. Binding Effect. The terms and conditions of this easement shall be binding upon the inure
to the benefit of the heirs, successors and assigns of the parties named in this instrument.
2
Witness my hand this ~':; of ~ ~\oj L 2008.
Grantor:
OOû690
Irish Properties, LLC, a Wyoming limited liability
company
By: ?LA--12 ~
Thomas Biolchini, ~ager
INTHESTATEOF ~~ )
) ss.
COUNTY OF -r~ )
The foregoing instrument was acknowledged before me by Thomas Biolchini, as
Manager of Irish Properties, LLC, a Wyoming limited liability company, this ~day of
..Aw. UJ::..A. , 2008.
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Witness my hand and official seal.
~G~
NOTARY LIC
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1805142.01
000308
O~Z7596
EXHIBIT "A"
000691.
That part of Tract 3A of said Palis Park Subdivision, described as follows:
Beginning at an intersection of the Southerly right-of-way line of Parkway Drive of record on said Plat
No. 165A, and the EasterlyrightOofDway line of U.S. Highway 89;
thence South 69°22'00" East, 216.74 feet, along the said Southerly rightOofDway line, to the Northwest
point ofthat tract of record in Book 388 of Photostatic Records on Page 259;
thence South 20°38'00" West, 192.80 feet, along the Westerly line of said tract to the Southwest point
thereof, on the Northerly right-of-way line of Greys River County Road No. 12-102;
thence Westerly 85.76 feet, along the arc ofa non-tangent circular curve to the left, whose radius point
bears South 14°43'32" West, 714.03 feet, through a central angle of 06°52'54" and a chord bearing
North 78°42'55" West, 85.71 feet, to a point;
thence North 76°52'49" West, 161.13 feet, along said Northerly right-of-way line, to an intersection
with said Easterly right-of-way line;
thence Northeasterly 229.91 feet, along said right-of-way line being the arc of a non-tangent circular
curve to the left whose radius point bears North 56°13'39" West, 1056.08 feet, through a central angle
of 12°28'24" and a chord bearing North 27°32'09" East, 229.46 feet, to the Intersection of Beginning.
File Number: 611 J t
Land Title Company
WalTanty Deed LLC
Page 3 oD