HomeMy WebLinkAbout962082RECEIVED 11/22/2011 at 9:46 AM
RECEIVING 962082
BOOK: 776 PAGE: 755
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
EASEMENT AGREEMENT
00755
THIS EASEMENT AGREEMENT, hereinafter referenced as "Agreement is entered
into this 3rd day of July, 2007, by and between JOSEPH M. JONES and VICKI J. JONES,
husband and wife, as tenants by the entireties, P.O. Box 901, Wickenburg, Arizona 85358,
hereinafter referenced as "Jones and SILVER STAR TELEPHONE COMPANY, INC., a
Wyoming corporation, P.O. Box 226, Freedom, Wyoming 83120, hereinafter referenced as
"Silver Star
WHEREAS, Jones is the owner of real property in Lincoln County, Wyoming, said
property being that which was identified in a Special Warranty Deed that was recorded in the
land records of Lincoln County, Wyoming on August 31, 2005 in Book 596 at Pages 179 and
180 as Receiving No. 911395, a copy of which is attached hereto as "Exhibit A" and is
incorporated herein by reference, hereinafter referenced as the "Jones Property and
WHEREAS, at the time Jones acquired the Jones Property, said property was
encumbered by an easement benefiting Silver Star, said easement being that which was created
through a Grant of Easement that was recorded in the land records of Lincoln County, Wyoming
on December 3, 2001 in Book 478 at Pages 465through 467 as Instrument No. 877715; and
WHEREAS, Jones and Silver Star have agreed that it is in their mutual best interest to
enter into a new easement agreement that will better clarify the rights and responsibilities of both
parties with regard to Silver Star's use of an easement on the Jones Property.
NOW, THEREFORE, Jones, for themselves and their heirs and assigns, and Silver Star,
for itself and its successors and assigns hereby agree as follows:
1. TOWER EASEMENT ESTABLISHED. Jones hereby grants to Silver Star an
easement encumbering that portion of the Jones Property that is described in the property
description attached hereto as "Exhibit B" and is incorporated herein by reference, herein after
referenced as the "Tower Easement Parcel
2. ACCESS EASEMENT ESTABLISHED. Jones hereby grants to Silver Star an
non exclusive easement encumbering that portion of the Jones Property that is described in the
property description attached hereto as "Exhibit C" and is incorporated herein by reference,
herein after referenced as the "Access Easement Parcel
3. CONSIDERATION. For and in consideration of Ten Dollars ($10.00), the
mutual promises and agreements of Jones and Silver Star, and other valuable consideration, in
EASEMENT AGREEMENT
JONES SILVER STAR TELEPHONE COMPANY, INC.
PAGE 1 OF 9
00756
hand paid, the receipt of which is hereby acknowledged, Jones and Silver Star declare that
consideration has been provided to each of them for this Agreement.
4. EASMENT COVENANTS, CONDITIONS, AND RESTRICTIONS. Jones
and Silver Star, for themselves and their heirs and /or successors and assigns, hereby agree that
the use of the Tower Easement Parcel and the Access Easement Parcel shall be subject to the
following covenants, conditions, and restrictions:
a. TOWER EASEMENT. Silver Star may construct, operate, repair,
maintain, and replace a tower within the Tower Easement Parcel, in the location shown
on the plat drawing which is attached hereto as "Exhibit D" and is incorporated herein by
reference, herein after referenced as the "Tower Site a tower for communications
transmission purposes, including but not limited to transmissions for telephone, mobile
telephone, cellular telephone, internet, and communications, with technologically
necessary appurtenant equipment located thereon or adjacent thereto within the Tower
Easement Parcel, subject to the following:
i. Silver Star cannot relocate the tower from the Tower Site to
another location within the Tower Easement Parcel without the written consent of
Jones.
ii. Silver Star must maintain the tower in a gray color with paint that
is non reflective unless Jones agrees in writing to another paint color or a
different type of paint. Any equipment placed on the tower shall also be gray in
color, which shall be deemed to include equipment that is made of galvanized
metal; provided, however, that if Silver Star cannot find required equipment in a
gray color, Silver Star shall be allowed to install equipment that is colored with a
neutral non reflective paint.
iii. Silver Star shall not erect a tower that exceeds sixty feet (60') in
height, as measured from the natural ground elevation of the Tower Site, without
the written consent of Jones. This height limitation shall apply to the tower
structure and to all attachments located on the tower structure.
iv. Except as provided herein, Silver Star shall not maintain any
equipment other than that which is shown on, or that is similar in size and style to,
the drawing that is attached hereto as "Exhibit E" and is incorporated herein by
reference, without the written consent of Jones. Silver Star shall not substantially
increase any profile of any equipment without the written consent of Jones. Silver
Star shall maintain such equipment in good order and repair so that such
equipment does not generate noise exceeding seventy -five (75) decibels measured
at the perimeter of the Tower Easement Parcel; provided, however, that the
generator authorized herein shall be subject to a ninety (90) decibel limit,
measured at the perimeter of the Tower Easement Parcel.
EASEMENT AGREEMENT
JONES SILVER STAR TELEPHONE COMPANY, INC.
PAGE 2 OF 9
v. Jones agrees that Silver Star may add a generator as a part of the
equipment that is allowed within the easement; provided, however, that such
generator shall only be used for emergency operation of equipment during a
period of electrical outage and not as a regular means of operating such
equipment.
vi. Jones agrees that Silver Star may maintain three (3) arms on the
tower for supporting equipment, and that two (2) of said arms may extend beyond
the Tower Easement Parcel; provided, however, that such arms shall not extend
beyond the Tower Easement Parcel further than two (2) feet to the west and ten
(1 0) feet to the south, as shown on Exhibit D.
vii. Silver Star shall not maintain any lighting on the tower, or any
lighting within the Tower Easement Parcel, unless required to do so by law,
without the written consent of Jones. If any lighting is placed on the tower or
within the Tower Easement Area, either by law or by permission, such lighting
shall be placed in such manner as will comply with legal requirements, if
applicable, but will minimize, to the greatest extent practicable, light intrusion
onto the Jones Property that is outside of the Tower Easement Parcel.
viii. Silver Star shall, at its sole expense, construct and thereafter
maintain, repair, and replace as necessary around the entire perimeter of the
Tower Easement Parcel a wooden fence that shall be of a height sufficient to
screen any equipment maintained within the Tower Easement Parcel from being
visible on any portion of the Jones Property that is outside the Tower Easement
Parcel. Said fence, including gates, shall be of vertical pole construction and shall
consist of poles sufficiently close together that nothing within the fenced area is
visible from a distance of five feet (5') or more.
ix. Jones agrees that neither Jones, nor any employee or agent of
Jones, will interfere with Silver Star's use of the Tower Easement Parcel, and that
neither Jones, nor anyone acting for or on his behalf, will take any action that
interferes with Silver Star's construction, operation, repair, maintenance, or
replacement of a tower within the Tower Easement Parcel, or with technologically
necessary appurtenant equipment located thereon or adjacent thereto within the
Tower Easement Parcel, as long as Silver Star is in compliance with the
covenants, conditions, and restrictions herein stated.
b. ACCESS EASEMENT. Silver Star may construct, operate, repair, and
maintain a graveled vehicular access on the Access Easement Parcel, subject to the
following:
i. Silver Star shall maintain, at its sole expense, the Access Easement
Parcel in a neat and orderly condition, with mowing and weed spraying completed
on a reasonably regular basis so that the Access Easement Parcel does not become
EASEMENT AGREEMENT
JONES SILVER STAR TELEPHONE COMPANY, INC.
PAGE 3 OF 9
00757
00758
unsightly and/or does not cause the spread of non native and /or noxious plants
onto the Jones Property.
ii. Silver Star shall, at its sole expense, be responsible for
constructing, operating, and repairing a perimeter fence and a gate to the Access
Easement Parcel. The perimeter fence shall be post and wire, and the gate shall
be metal. Silver Star shall be responsible for modifying the fence and gate where
it intersects with a previously created sixty (60) foot easement if Jones requires
use of the full sixty feet of said easement.
iii. Silver Star may, at its sole expense, install, maintain, and operate
such underground utilities within the eastern ten (10) feet of the Access Easement
Parcel as Silver Star, in its sole discretion, determines are necessary for the
operation of equipment and facilities in the Tower Easement Parcel as herein
stated.
iv. Silver Star hereby acknowledges that Jones has not made, and
hereby does not make any representations whatsoever regarding Silver Star's right
to enter onto adjacent property for the purposes of using the ingress and egress
provided by the Access Easement Parcel as created herein. Silver Star agrees to
hold Jones harmless for any inability of Silver Star to use the ingress and egress
provided herein arising from the Silver Star's lack of legal access to the Access
Easement Parcel.
v. Jones agrees that neither Jones, nor any employee or agent of
Jones, will interfere with Silver Star's use of the Access Easement Parcel, and that
neither Jones, nor anyone acting for or on his behalf, will take any action that
interferes with Silver Star's construction, operation, repair, maintenance, or
replacement of a graveled access within the Access Easement Parcel, or with the
use thereof for ingress and egress as long as Silver Star is in compliance with the
covenants, conditions, and restrictions herein stated.
c. TOWER AND ACCESS EASEMENTS. Jones and Silver Star agree
that the following covenants, conditions, and restrictions, shall apply to both the Tower
Easement Parcel and the Access Easement Parcel:
i. Silver Star agrees to indemnify and hold harmless Jones from any
and all liability for personal injury or property damage that results from, arises out
of, or may be attributed to Silver Star's use of the easements.
ii. Silver Star agrees to indemnify and hold harmless Jones from any
and all liability for Silver Star's failure to comply with any Federal or Wyoming
laws or regulations regarding Silver Star's activities on the Jones Property unless
such failure is the result of actions or inactions by Jones, or any employee or
agent of Jones.
EASEMENT AGREEMENT
JONES SILVER STAR TELEPHONE COMPANY, INC.
PAGE 4 OF 9
00759
iii. Silver Star shall be solely responsible for the payment of any taxes,
fees, fines, operational costs, or other charges attributable to Silver Star's
improvements to the easements and /or its activities within the easements.
iv. Silver Star shall maintain comprehensive general liability and
automobile liability insurance policies insuring all of its activities on the
easements. Said policies shall contain coverage at a level that is considered
standard for a company conducting such activities as those conducted by Silver
Star on the easements. Upon written request, Silver Star shall provide Jones with
proof of such coverage.
v. Silver Star shall maintain workers' compensation and employer's
liability insurance coverage as required by Wyoming. Upon written request,
Silver Star shall provide Jones with proof of such coverage.
vi. Silver Star is prohibited from conducting, or allowing any
employees, agents, or contractors to conduct, any of the following activities
within the easements:
A. Unlawful use or storage of any "Regulated Substances
which shall be deemed any hazardous, extremely hazardous, or toxic
substance, or chemical, or waste, as those terms are used in Federal or
Wyoming law, or pesticides, oil petroleum products, or fuel, except for
materials packaged and purchased for consumer use in containers not to
exceed one (1) gallon or fuel which is in a vehicle fuel tank or in a
standard generator fuel tank. Use of pesticides shall be minimized, only to
accomplish the purposes of this Agreement, and shall be applied only by
authorized personnel and in accordance with any applicable Federal or
Wyoming laws, regulations, and label instructions.
B. Accumulation or storage of any waste material, including
non hazardous and non -toxic material.
vii. If Silver Star determines, in its sole discretion, that the easements
created herein are no longer necessary, or if this Agreement is otherwise
terminated by law, Silver Star shall, at its sole expense, remove all improvements
installed within the Tower Easement Parcel and the Access Easement Parcel, and
shall also, at its sole expense, restore the areas to a condition resembling the then
appearance of adjacent portions of the Jones Property within ninety (90) days of
removal of improvements. If Silver Star voluntarily abandons the easements,
Silver Star shall provide ninety (90) days' notice of abandonment to Jones, and
shall, within ninety (90) days of removal of said improvements, cause to be filed
in the land records of Lincoln County, Wyoming Notices of Easement Vacation
releasing all encumbrances created by this Agreement on the Jones Property.
EASEMENT AGREEMENT
JONES SILVER STAR TELEPHONE COMPANY, INC.
PAGE 5 OF 9
00 760
d. FEES FOR EASEMENTS. Silver Star hereby agrees to pay to Jones, as
a fee for use of the Tower Easement Parcel and the Access Easement Parcel, a sum to be
calculated as follows:
i. The fee for 2007 shall be Eight Thousand Four Hundred Dollars
($8,400.00) per year, payable monthly on the first (1st) day of each month in the
amount of Seven Hundred Dollars ($700.00); provided, that the amount due for
2007 shall be prorated from June 1, 2007 to December 31, 2007.
ii. For subsequent years, the fee shall be adjusted annually for the cost
of living from the previous year as established by the determined by the U.S.
Department of Labor, Bureau of Labor Statistics' Consumer Price Index;
provided, that if the adjustment amount is not available when the January
payment is due, the difference between the amount paid in January and the
adjusted amount due shall be paid with the February payment. If such Consumer
Price Index is no longer established, then the adjustment to the annual fee shall be
that shown by the then most commonly recognized indicator of consumer prices
increases. A minimum One Percent (1 adjustment shall apply in any year in
which the fee would not otherwise be increased.
iii. Any payments not made within ten (10) days of the date due shall
be subject to a Twenty -Five Dollar ($25.00) late fee. Any payments not made
within thirty (30) days of the date due shall be subject to an additional Twenty
Five Dollar ($25.00) late fee.
5. EASEMENT TO RUN WITH THE LAND. The easement created herein shall
run with the lands identified herein, and shall be binding on and shall inure to the benefit of
Jones and Silver Star, and their heirs and /or successors and assigns.
6. VACATION OF EXISTING EASEMENT. Upon the recordation of this
Agreement in the land records of Lincoln County, Wyoming, the Grant of Easement that was
recorded in the land records of Lincoln County, Wyoming on December 3, 2001 in Book 478 at
Pages 465through 467 as Instrument No. 877715 shall be vacated, and shall no longer encumber
the Jones Property in any manner whatsoever.
7. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between Jones and Silver Star, and any prior understanding or representation of any kind
preceding the date of this Agreement shall not be binding except to the extent incorporated in
this Agreement.
8. MODIFICATION OF AGREEMENT. Any modification of this Agreement
shall be binding only if evidenced by agreement in writing signed by Jones and Silver Star, or
their heirs and /or successors and assigns. Silver Star or its successors or assigns shall promptly
record any modification in the land records of Lincoln County, Wyoming
EASEMENT AGREEMENT
JONES SILVER STAR TELEPHONE COMPANY, INC.
PAGE 6 OF 9
00761
9. WAIVERS. The failure of Jones or Silver Star to enforce the performance of the
terms and conditions set forth herein, or a waiver of a breach of any of the terms and conditions
set forth herein, shall not be construed as a continuing waiver of such failure or breach, and the
terms and conditions shall remain in full force and effect as if no such forbearance or waiver had
occurred.
10. WAIVER OF HOMESTEAD RIGHTS. Jones hereby waives any and all rights
under and by virtue of the homestead exemption laws of the State of Wyoming to the extent that
such rights may interfere with the purposes of the easements granted herein.
11. GOVERNING LAW. This Agreement shall be construed and enforced
according to the laws of the State of Wyoming without reference to conflicts of law principles.
12. ATTORNEY'S FEES AND COSTS. In connection with any litigation,
including appellate proceedings, arising out of this Agreement, the prevailing party shall be
entitled to recover reasonable attorney's fees and costs.
13. PERMISSION FOR TOWER REMOVAL AND CONSTRUCTION. Jones
hereby agrees that, only for the purposes of removing the tower that was constructed under the
existing easement that is being vacated by this Agreement, and constructing the new tower in the
easement that is being created by this Agreement, Silver Star shall have the right to enter the
Jones Property outside the access easement to the extent necessary to accomplish those tasks;
provided, however, that Silver Star shall be responsible for any damage to the Jones Property,
including anything constructed thereon, that results from such tower removal and construction,
and shall immediately undertake such steps as are necessary to repair any such damage; provided
further, that Silver Star shall also indemnify and hold Jones harmless for any injuries to third
parties that arises as a result of tower removal or construction activities; and provided further,
that Silver Star shall notify Jones in writing, to the address stated above, at least one (1) week
prior to initiating tower removal and construction.
14. PERMISSION TO TEMPORARILY MAINTAIN OLD TOWER. Jones
hereby agrees that Silver Star shall have the right to maintain and operates the tower that was
constructed under the existing easement that is being vacated by this Agreement until such time
as the new tower in the easement that is being created by this Agreement is constructed and is
operational.
15. COMPLETION OF TOWER REMOVAL AND CONSTRUCTION. Silver
Star and Jones hereby acknowledge and agree that the easement descriptions, Exhibits B and C,
attached hereto, will be created by a licensed Wyoming surveyor after this Agreement has been
executed, and agree that such descriptions will be included with this Agreement when it is
recorded in the land records of Lincoln County, Wyoming. Once this Agreement is recorded in
said land records, Silver Star shall have not more than nine (9) months to complete tower
removal and construction.
EASEMENT AGREEMENT
JONES SILVER STAR TELEPHONE COMPANY, INC.
PAGE 7 OF 9
IN WITNESS WHEREOF, Jones and Silver Star have caused this Agreement to be
signed on the dates indicated below.
461/ X.c.AA:
JO E H NES VICKI J. JONES
DATED: July 3 2007 DATED: July 3 2007
BY:
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
ACKNOWLEDGED before me this
Vicki J. Jones.
WITNESS my hand and official seal.
HEIDI BROWN NOTARY PUBUO
County of t State of
Lincoln :`r;' Wyoming
My Commission Expires August 5, 2009
My Commission expires:
SILVER STAR TELEPHONE COMPANY, INC.,
a Wyoming corporation
RON B. McCUE
VICE PRESIDENT
DATED: July 2007
day of July, 2007, by Joseph M. Jones and
NOTARY PUBLIC
EASEMENT AGREEMENT
JONES SILVER STAR TELEPHONE COMPANY, INC.
PAGE 8 OF 9
00762
IN WITNESS WHEREOF, Jones and Silver Star have caused this Agreement to be
signed on the dates indicated below.
JOSEPH M. JONES VICKI J. JONES
DATED: July 2007
BY:
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
WITNESS my hand and official seal.
My Commission expires:
DATED: July 2007
SILVER STAR TELEPHONE COMPANY, INC.,
a Wyoming corporation
RON B. McCUE
VICE PRESIDENT
DATED: July 3 2007
ACKNOWLEDGED before me this day of July, 2007, by Joseph M. Jones and
Vicki J. Jones.
NOTARY PUBLIC
EASEMENT AGREEMENT
JONES SILVER STAR TELEPHONE COMPANY, INC.
PAGE 8 OF 9
00763
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
ACKNOWLEDGED before me this 3d day of July, 2007, by Ron B. McCue, Vice
President of Silver Star Telephone Co., a Wyoming corporation, acting for and on behalf of said
company pursuant to authority provided by said company's Board of Directors.
WITNESS my hand and official seal.
M. KEVIN VOYLES
County of
Lincoln
My Commie ors n�sa
NOTARY PUBLIC
State of
Wyoming
ea J ul 18, 2007
My Commission expires: 07//6 07
NOTA 1 Y PUBLIC
EASEMENT AGREEMENT
JONES SILVER STAR TELEPHONE COMPANY, INC.
PAGE 9 OF 9
00764
SPECIAL WARRANTY DEED
1031 EXCHANGE, INC. JONES
AUGUST 31, 2005
BOOK 596 AT PAGES 179 180
RECEIVING NO. 911395
LINCOLN COUNTY, WYOMING
EXHIBIT A
00705
50614 (01)
1031 Exchange, Inc. a Wyoming corporation, GRANTOR, of Teton
County, State of Wyoming, for and in consideration of TEN DOLLARS ($10.00)
and other good and valuable consideration in hand paid receipt of which is
hereby acknowledged and pursuant to an IRC 1031 tax deferred exchange,
CONVEYS and WARRANTS in the manner set forth below, to: Joseph M. Jones
and Vicki J. Jones, husband and wife as tenants by the entireties, GRANTEE,
whose address is P. O. Box 901, Wickenburg, Arizona 85358, the following
described real estate, situate in the County of Lincoln, State of Wyoming, hereby
waiving and releasing all rights under and by virtue of the homestead exemption
laws of the State of Wyoming, to wit:
SPECIAL WARRANTY DEED
See Exhibit A attached hereto.
Together with and including all improvements thereon and all
appurtenances and hereditaments thereunto belonging. Subject to all
covenants, conditions, restrictions, easements, reservations, and rights
of -way of sight and/ or record.
Grantor shall and will specially warrant that the title to the aforesaid property
is free from defects or encumbrances created or suffered by Grantor and will
forever defend the property conveyed by the within deed, and every part thereof,
against every person lawfully claiming the same, or any part thereof, by, through,
or under Grantor, and no other.
WITNESS my hand this 22nd day of August, 2005.
1031 Exchange, Inc.,
a Wyornii g corporation:
STATE OF WYOMING
COUNTY OF TETON
RECEIVED 8/31/2005 at 10:34 AM
RECEIVING 911395
BOOK: 596 PAGE 179
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Frank Hess, its President
00179
1i
On this 22nd day of August, 2005, before me personally appeared Frank
Hess, to me personally known, who, being sworn by me duly said that the seal
affixed to said instrument is the corporate seal of said corporation, and that said
instrument was signed and sealed on behalf of said corporation by authority of its
Board of Directors, and said President acknowledged said instrument to be the free
act and deed of said corporation.
Given under my hand and seal the date first ab written.
oink
Nary .Public
My Commission expires:
LAURIE OOE NOTARY PUBUO
Co S to of
Teton z Wyoming Teton
My CommIsAfon Expires 9/12/2007
00766
0+11395
11
Description: Merica 35
A portion of the Merica property, as referred to in the Deed recorded in Bk. 367 PR,
on Pg. 668, with the office of the clerk of Lincoln County, Wyoming, within the
NE1 /4NW1 /4 of Section 28, T32N, R119W of the 6 PM, Lincoln County,
Wyoming, the metes and bounds being more particularly described as follows:
Beginning at the Northeast Corner of the SE1 /4NW1/4 of said Section 28;
thence S89 °13'40 "W along the North line of said SE1 /4NW1 /4, 1,316.52 feet to the
Southeast corner of the NW1 /4NW1/4 of said Section 28;
thence NO 00'58 "W, along the East Line of said NW1/4NW1/4 1,156.77 feet;
thence N89 O5'55 "E, parallel with the North line of said NE1 /4NW1/4,
1,316.56 feet to a point in the West line of the NW1 /4NE1 /4;
thence S0 00'58 "E, along said West line, 1,159.74 feet, to the Point of Beginning,
containing 35.00 Acres of land.
GRANTING AND RESERVING: onto the Grantors their heirs, successors and
assigns a 60' wide easement for ingress, egress, utilities, and maintenance, over,
along, under and across the East 60 feet of the above described property, the East
line being more particularly described as follows: Beginning at a point in. the East
line of the above described property, said Point of Beginning being 731 feet
N0 00'58 "W, along said East line from said Northeast Corner of the SE1 /4NW1 /4;
thence N0 00'58 "W, continuing along said East line, 428.74+ feet to the North line of
the above described property,
TOGETHER WITH and SUBJECT TO: The Distribution Easement, as referred to
in the Distribution Easement recorded in Book 503PR, on Page768, with said office.
TOGETHER WITH: The Right -of -Way Easement, as referred to in the Right -of-
Way Easement recorded in Book 267PR, on Page 121, with said office.
TOGETHER WITH: The Access Easement as referred to in the Deed
Recorded in Book 268PR, on Page 393, with said office.
SUBJECT TO: The Easements for Silver Star Telephone Company, as referred to
in the Easements recorded in Book 457PR, on Page 556, and in Book 478PR, on
page 465, with said office.
TOGETHER WITH and SUBJECT TO: All Easements, Exceptions, Reservations,
Restrictions, Rights -of Way and Improvements of sight and or record.
180
00767
TOWER EASEMENT PARCEL
TO BE PREPARED BY SURVEYOR SCHERBEL, LTD.
EXHIBIT B
00768
j431V Mau and
6K J. Jotter
698 PR 179
Asa 1►, Mirrtoa and
Arm L M.rioa Acusoable
Trutt. data 24 January 1998
867 PR 668
Lowy wet.y
foot
T.e (2)
8
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1
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...n-timv a ,Dr. xcitJi Q
Bose Bearing r r EAST
sever star T.4pltoa.
(to S Fat "'tll- 4- ►ia',.._
(10 foot
Law ifolley--.4
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2633.57'
Styr Star
s et" t
1
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f see Detail
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Star Nat S dfutston Ala 1-64
Ins(r� t 11a 659624
JatntQ. X Ahrhwrt ?amity Trutt
data 22 S+ptembrr 1896
.PR 84
v
9
Detail "A"-Nit to spate
S89'r04'14 "E 20.00'
Detail "B" -Not to scale
-a
N89'04 ZO.Ot)
.1/,.1..r moor at
00769
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1 =5O
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lbw' And
So0'- 55'- 461Y, 354.90' tram +he
northeast comer of /4NW1/4
I
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norheoot comer d� /4Nw1f
Detail "Jr-
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M".rii+i too( +rmt.
ww
LEGIBM
CI indicates Record tied ar to be tifad in the
Office of the Ctatc of Lincoln County. g
i scrrbed, v*S(JRVEY T-shaped stake, 2 W5111� Rt 164". cap
indicates a 5/8" x 24' steel reinforcing rod with a 2" ohanlnum
cap
insetted "SURVEYOR SCRFRBEL.1.10 AFTON WY
5368", with appropriate details, set this sunray.
indicates a 2" galvanized steel pipe with aluminum cap inscribed.
"ROSS TURNER SURVEY POINT PEALS 3514% with appropriate
details.
indicates an easement line
indicates a deed fine of record.
The Base Bearing for this survey is the north line of The Nw1 /4
of Section 28, T32N R119Nf, being EAST.
EXHIBIT TO ACCOMPANY
T�
SILVER STAR THLEPOONE COMPANY, INC
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JOSEFIIpM�. JONBS AND
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DESCRIPTION FOR
SILVER STAR TELEPHONE COMPANY, INC.
JONES TOWER EASEMENT PARCEL
To-wit:
00770
A tract of laud within the NE% of Section 28, T32N R119W, Lincoln County,
described as follows:
BEGINNING at a point on the east line of said NE' /•NW1/4 which is S00 55' -46 "W,
354.90 feet, from the northeast corner of the said NB' %NW%,, said northeast comer being
identical with the northwest comer of Star West Subdivision of record in the Office of the
Clerk of Lincoln County as Plat No. 254, with Instrument No. 559529;
thence containing, along the east line of said NE%,NW' S00 55' -46"W, 20.00 feet, to a
point
thence N89 04' -14 "W, 20.00 feet, to a point;
thence N00 55' -46"E, 20.00 feet, along a line parallel with said east line, to a point;
thence S89°-04' -14"E, 20.00 fact, to the POINT OF BEGINNING;
the BASE BEARING for this survey is the north line of the NW% of Section 28, T32N
RI 19W, being EAST;
each "comer" found as described in the Corner Record filed or to be filed in the Office of
the Cleric of Lincoln County
each point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap
inscribed, "SURVEYOR SCBERBEL LTD AFTON WY PLS 5368 with appropriate
details;
all in accordance with the attached titled, IIXHIBIT TO ACCOMPANY EASEMENT
AGREEMENT FOR SILVER STAR TELEPHONE COMPANY, INC. AND JOSEPH M.
JONES AND VICKI J. JONES WITRJN NE1 /4NW1/4 SECTION 28 T32N R119W
LINCO CO WYOMING +fit 2 August 2007, as revised
•ARnrllriiratinn 1n Anv way nt thA fnranninn desCrrQtiOn terminates liability of the surveyor"
ACCESS EASEMENT PARCEL
20 -FOOT WIDE EASEMENT FOR INGRESS, EGRESS
UNDERGROUND UTILITIES
RUNNING FROM TOWER EASEMENT PARCEL TO
JONES' PROPERTY BOUNDARY
ON AGREED -UPON ROUTE
TO BE PREPARED BY SURVEYOR SCHERBEL, LTD.
EXHIBIT C
00771
C 2633.
Rues 1! J(ertos easel
T.rta 1. No -Lou Ji ngo:Ms
Trust, dated 2I Jaweary t886
367 PR 668
f0,1 I. Jetret
696 J'R 170
(34 *0 43oorfa
(10 lost oatemest)I—sH to
470 IV 465
(10 lost ea sIii M
tees Wa y_
lee Rtr
4
N8 4'W'
IR
4
Low *Soy
503 PR
EMn
T fast
ponied
J
Slime Star T.I.pharo 1
X 76 PR 465 See Detail "A=''"
See Detail
Rinst 3.r` 6 #16tdrobor .1t'J7. -AliiS'whirr
a 447E` 1 Merkur
844.416V BY'
ag 749
1
t
z
EAST
2633.57
8
Star net Subdivision
Red 110.
Znstrtantrd .N3. 869624
.7.24 44 K .1ktMtt firo+Hly Tr•uti
dated SZ Seatenib r 1896
bf6 IPRR 8I
Detail "d —N'ot to soak
Detail "B" —Not to soak Detail "t; —X t to soak
Q
gr
SW Corner
(Invest
Subdivision
Subdivision
feat liews. a. IV 4 4 4 Or
Z iolt h,... .rme flume
00772
SCALE
1 =5O
fixer.. k
600- 55 -46'W 35490' from the
m rtseast comae of /461 /4
Section 2a.
Atti di
S20 55' -46"1w 374.90' from the
northeast caner of NE1/41(w1 /4
Section M. mliwt
..W4
s MlU R.
Detaa "D
Not to soak
•41Nant ladle.
140* MM d o
w.utarl wnUr
s•
0>A
indicates Record filed or to be filed in the
Office of the Clerk of lkncolt'County.
indicates a steel T—shaped state. 24" long, with metal cap
insaed, "SURVEY 00 HOT DISTURB RtS 164".
60611.1 44‘i
ind cates a 5/8" x 24• steel reinforcing rod with a 2" aluminum
cap ioscrbeck "SURVEYOR StERBEL•t7D AFPON WY
PLS 5368". ,fifth appropriate detags. set this sur
indicates a 2' galwnizcd steel pipe with aluminum cap inscribed,
"ROSS TURNER POINT PEldS 351e, with appropriate
decals.
indicates an easement line.
indicates a deed fine of record.
lho Bose Bearing for this surrey is the mitt time of the tall/4
of Section 28, 132/4 R119W, bang EAST
Easserr
FOR
S,yat STAR COMPANY, INC
TOSITHM. JONES AND Man JONES
NWJ4NWI /4 SECIION
T32N R119W
IMMIX COUNIY, WY
��(y�TT� V
C y1ght 2002 'by Sarver( Seivki i LID. ries rr,.mw0.
lreKaff2gli SRPE S
7Yeknanel Land Sum/on
Wya.144044.4404 No. 164
Vith R.ghtM n No. +676
Na g& No. 3000
I1
Nag& Re0Nt.0m No. 1105
Wyo. Rplamikin N4. 3660
144h0 R4014tr+1oa No. 64$
the, Redhw400 No. 372111
WR1OWEA sa+Enea.
W,o. RsalsWeen No. b766
ANyor smaeet, ttD.
u... Wyoralm
Sla N
J.4404, W10,04
wu aw.va. Wan,
DESCRIPTION FOR
SILVER STAR TELEPHONE COMPANY, INC.
JONES ACCESS EASEMENT PARCEL
To- -wit:
00773
A tract of and within the NEY,NWV4 of Section 28, T32N RI19W, Lincoln County,
described as follows:
BEGINNING at a point on the east line of said NEY,NWY, which is S00 55' -46"W,
374.90 feet, from the northeast comer of the said NE%,NWY., said northeast comer being
identical with the northwest corner of Star West Subdivision of record in the Office of the
Clerk of Lincoln County as Plat No. 254, Instrument No. 559529;
thence continuing S00 55' -46"W, 144.56 feet, along said east line, to the north right -of-
way line of Star West Drive as depicted on said plat of Star West Subdivision;
thence contiro+ing S00 55'46"W, 20.00 feet, to a point;
thence N89 04' -14 "W, 20.00 feet, to a point;
mince N00 55'- 46"E,164.56 feet, along a line parallel with said oast line, to a point,
thence S89 °-04' -14'B, 20.00 feet, to the POINT OF BEGINNING;
the BASE BEARING for this survey is the north line of the NW% of Section 28, T32N
R119W, being EAST;
each "comer" found as described in the Coiner Record filed or tote filed in the Office of
the Clerk of Lincoln County,
each "point" marked by a 5/8" x 24" i.teel reinforcing rod with a 2" aluminum cap
inscribed, "SURVEYOR SCHERBEL LTD AFT`ON WY PIS 5368 with appropriate
details;
all in accordance with tho attached titled, "EXHIBIT TO ACCOMPANY EASEMENT
AGREEMENT FOR SILVER STAR TELEPHONE COMPANY, INC. AND JOSEPH M.
JONES AND VICKI 7. JONES �tf n N£1 /4NW1 /4. SECTION 28 T32N R119W
LIN LN •UNTY, WY e tt 4 ed 27 August 2007, as revised.
r tArminates liability of the surveyor
TOWER SITE
LOCATION OF TOWER
TO BE PREPARED BY SURVEYOR SCHERBEL, LTD.
EXHIBIT D
00774
TOWER EQUIPMENT DIAGRAM
SHOWING NOT TO EXCEED PROFILE
OF TOWER EQUIPMENT ABOVE FENCE LEVEL
PREPARED BY SILVER STAR TELEPHONE COMPANY, INC.
EXHIBIT E
00775
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00776
00777
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00778