HomeMy WebLinkAbout952022ORDED MAIL TO:
Mr. Thomas E. Ellison
ID/Wy Zone Team Leader
USDA Forest Service
1918 Commerce Avenue
Boise, Idaho 83705
RECEIVED 2/5/2010 at 4:20 PM
RECEIVING 952022
BOOK: 742 PAGE: 22
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
CONSENT TO COMMON USE AGREEMENT
OOF.4O22
WHEREAS, SILVER STAR TELEPHONE COMPANY, INC., of Freedom Wyoming,
was issued a GRANT OF EASEMENT on May 23, 2008, by Lynette Sharpe, Director
and President of Aspen Hills Development Company, to construct, operate, repair,
maintain, relocate and replace underground telecommunications facilities in the Suter's
Canyon Subdivision. The Grant of Easement is for occupancy of "all easements
dedicated as Road and /or Utility easements as depicted on the Sutur's Canyon
Subdivision Phase 1 plat and the Suter's Canyon Subdivision Phase 2 plat." Plat referred
to as Suters Canyon Subdivision Phase 1 was recorded September 27, 2007 as Instrument
No. 933480 and Suter's Canyon Subdivision Phase 2 plat was recorded May 7, 2008 as
Instrument No. 938819, records of Lincoln County, Wyoming recorder.
WHEREAS, the United States of America has obtained an easement across Suter's
Canyon Subdivision, Aspen Hills Development Company, formerly Fields of Gold, LLC,
T. 33 N., R. 118 W., Section 3, Sixth Principal Meridian, which would traverse in part the
said land subject to the aforesaid easement to Silver Star Telephone Company, Inc.
NOW THEREFORE, in consideration of ONE DOLLAR ($1.00) and other good and
valuable consideration, receipt of which is duly acknowledged, SILVER STAR
TELEPHONE COMPANY, INC. of Freedom, Wyoming, hereinafter referred to as the
Company, does hereby consent to the construction, reconstruction, maintenance, and use
by the UNITED STATES OF AMERICA, and its assigns hereinafter referred to as
Government, of a road over, along, and upon the Company's easement in the area of a
common use upon and subject to the following terms and conditions:
1. The Company and the Government shall have the right to use their
respective easements in the conduct of their business and such uses shall be
exercised in conjunction with the use of the other and neither party shall have
exclusive use of said Areas of Common Use.
2. Government acknowledges Company's title to Company's easement in said Area
of Common Use and the priority of Company's title over the title of Government
therein.
3. Government acknowledges that construction and use of said road will not
interfere with Company's easement rights of said land and that no work
shall be done in connection with the construction or maintenance of said road
which shall in any way damage, interfere, or threaten to interfere with
the construction and continued maintenance, repair, alteration and replacement of
the telecommunications facilities, lines and equipment, of the Company, or which
shall in any way affect or interrupt the continuity of service as provided by said
Company.
4. The Company does not by this consent waive any rights it may have at law to
recover for any damage to its facilities resulting from the Government's use of
said right -of -way.
CONSENT TO COMMON USE AGREEMENT /Silver Star Telephone- United States of America
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IN WITNESS WHEREOF, SILVER STAR TELEPHONE COMPANY, INC. of
Freedom,Wyoming, has used this Agreement to be executed by its duly authorized
officer(s) on this 23 t day of 1C !3 r 2009.
STATE of omi 4\
)ss.
County of La c( 0I ,1
SILVER STAR TELEPHONE COMPANY, INC.
ACKNOWLEDGEMENT
Notary Pub fo the State of
Residing at tc. f
My commission expires
On this a3' day of pe e e 2009, before me, the undersigned, a
Notary Public in and for said State personally appeared
known/proved to me to be the C. net; Neerin MetAggqc is of SILVER
STAR TELEPHONE COMPANY, INC., of Freaiom, WyoMing, the corporation that
executed the within and forgoing instrument, and acknowledged to me that such
corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and
year first above written.
CONSENT TO COMMON USE AGREMENT /Silver Star Telephone- United States of America
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