Loading...
HomeMy WebLinkAbout962083RECEIVED 11/22/2011 at 9:52 AM RECEIVING 962083 BOOK: 776 PAGE: 779 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY EASEMENT AGREEMENT AMENDMENT THIS EASEMENT AGREEMENT AMENDMENT, hereinafter referenced as the "Easement Agreement Amendment amends the Easement Agreement executed on the 3rd day of July, 2007, hereinafter referenced as the "Easement Agreement by and between JOSEPH M. JONES and VICKI J. JONES, husband and wife, as tenants by the entireties, P.O. Box 1643, Afton, Wyoming 83110, 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 and Silver Star executed an Easement Agreement in 2007 that granted Silver Star an easement on Jones' property, being that property in Lincoln County, Wyoming, 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, Jones and Silver Star have agreed to amend that Easement Agreement as provided herein. NOW, THEREFORE, in consideration of the agreements provided herein, and other good and valuable consideration received, Jones, for themselves and their heirs and assigns, and Silver Star, for itself and its successors and assigns, hereby agree that the Easement Agreement is amended as follows: A. REDEFINING ACCESS EASEMENT. Paragraph 2. ACCESS EASEMENT ESTABLISHED. is amended by deleting "Exhibit C" and inserting in lieu thereof "Exhibit C as Amended B. CONFIRMING TOWER AS CONSTRUCTED. Notwithstanding the provisions of the Easement Agreement relating to construction of the Tower provided in Paragraphs 4. a. ii. (regarding colors of equipment on the Tower), 4. a. iii. (regarding height of the Tower), and 4. a. vi. (regarding arms on the Tower), the parties agree that the Tower AS CONSTRUCTED, including all arms, attachments, lightning rods, dishes, and other attachments now existing on the Tower as of the date of this Easement Agreement Amendment, shall be deemed to comply with the requirements of the Easement Agreement in all respects. C. CONFIRMING TOWER LOCATION AND TOWER ARMS. Paragraphs 4. a. and 4. a. vi. are amended by deleting "Exhibit D" and inserting in lieu thereof "Exhibit D as Amended D. CONFIRMING EQUIPMENT ON TOWER. Paragraph 4. a. iv. is amended by deleting "Exhibit E" and inserting in lieu thereof "Exhibit E as Amended E. INCREASING MONTHLY FEE. Paragraph 4. d. i. is amended to read 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 EASEMENT AGREEMENT AMENDMENT JONES SILVER STAR TELEPHONE COMPANY, INC. PAGE 1 OF 3 00779 prorated from June 1, 2007 to December 31, 2007. Starting with the payment due September 1, 2011, the fee shall be Nine Hundred Dollars ($900.00) per month, and shall thereafter be adjusted annually as provided herein. F. DELETING FENCING REQUIREMENT. Paragraph 4. b. ii. is deleted. G. CORRECTING VACATION OF PREVIOUS EASEMENT. Paragraph 6 is amended to read as follows: 6. PARTIAL VACATION OF EXISTING EASEMENT. The Grant of Easement that was recorded in the land records of Lincoln County, Wyoming on December 3, 2001 in Book 478 at Pages 465 through 467 as Instrument No. 877715 shall be partially vacated, and the provisions regarding access to and erection, operation, and maintenance of a "monopole and pertinent attachments" provided therein shall no longer encumber the Jones Property. The remaining easements established in the Grant of Easement shall continue to encumber the Jones Property. The easements description therein shall now read as follows: 2. Description of Easement. The easement shall occupy the following described property: SECTION 28, TOWNSHIP 32N RANGE 119W A ten foot permanent easement as follows: Beginning at the NE Corner of the NE1 /4 of the NW1 /4 of Section 28, then Southward along the East property line for approximately 565 feet; thence Westward approximately 1,320 feet; thence Northward 10 feet; thence Eastward approximately 1,310 feet; thence North 555 feet; thence East 10 feet to the point of beginning. The easement will contain a temporary construction easement as follows: an additional 10 feet West and North paralleling the permanent easement described above. The temporary easement will be only for the duration of construction. To include ingress and egress from Star View Estates right -of -way easement. Any and all utilities for Silver Star and its successors and assigns installed within the easements described in the documents that were recorded in the land records of Lincoln County, Wyoming on December 28, 2000 in Book 457 PR at Pages 556 and 557 and on December 3, 2001 in Book 478 PR at Pages 465 through 467 shall be installed underground. H. TIMING OF REMOVAL OF THE OLD TOWER. Notwithstanding any other provision in the Easement Agreement, Silver Star shall remove the Old Tower within thirty (30) days of the signing of this Easement Agreement Amendment. All other provisions in the Easement Agreement regarding removal of the Old Tower shall apply. I. TIMING OF BRINGING EASEMENT INTO COMPLIANCE WITH THE EASEMENT AGREEMENT. Notwithstanding any other provision in the Easement Agreement, Silver Star shall complete all improvements to the Tower Easement Parcel and the Access Easement Parcel within sixty (60) days of the signing of this Easement Agreement Amendment. J. RATIFYING THE REMAINING TERMS OF EASEMENT AGREEMENT. The remaining provisions of the Easement Agreement not modified in this Easement Agreement Amendment remain in full force and effect. EASEMENT AGREEMENT AMENDMENT JONES SILVER STAR TELEPHONE COMPANY, INC. PAGE 2 OF 3 00780 IN WITNESS WHEREOF, Jones and Silver Star have caused this Easement Agreement Amendment to be signed on the dates indicated below. JOS EPH M. JONES DATED: NOVEMBER STATE OF WYOMING COUNTY OF LINCOLN SS. ACKNOWLEDGED before me this Vicki J. Jones. WITNESS my hand and official seal. HEIDI BROWN NOTARY PUBLIC County of Lincoln Comr�aas roit Exriires A ust 5, 2013 1SIy onmisslon expires: State of Wyoming STATE OF WYOMING SS. COUNTY OF LINCOLN WITNESS my hand and official seal. My Commission expires: VICKI J. JO 2011 DATED: NOVEMBER 11 2011 day of November, 2011, by Joseph M. Jones and SILVER STAR TELEPHONE COMPANY, INC., a Wyoming corporation BY RON B. McCUE VICE PRESIDENT DATED: NOVEMBER 2011 ACKNOWLEDGED before me this day of November, 2011, 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. NOTARY PUBLIC EASEMENT AGREEMENT AMENDMENT JONES SILVER STAR TELEPHONE COMPANY, INC. PAGE 3 OF 3 00781 IN WITNESS WHEREOF, Jones and Silver Star have caused this Easement Agreement Amendment to be signed on the dates indicated below. JOSEPH M. JONES VICKI J. JONES DATED: NOVEMBER 2011 DATED: NOVEMBER 2011 STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me this Vicki J. Jones. WITNESS my hand and official seal. My Commission expires: STATE OF WYOMING BY: SS. COUNTY OF LINCOLN ACKNOWLEDGED before me this day of November, 2011, by Chad Turner, Vice President of Silver Star Telephone Co., Inc., 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 NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires: July 16, 2015 0 e /6 NOTARY PUBLIC SILVER STAR TELEPHONE COMPANY, INC., a Wyoming corporation CHAD TURNER VICE PRESIDENT DATED: NOVEMBER /1 2011 EASEMENT AGREEMENT AMENDMENT JONES SILVER STAR TELEPHONE COMPANY, INC. PAGE 3 OF 3 00782 day of November, 2011, by Joseph M. Jones and EXHIBIT A 0C 50614 (01) 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 SPECIAL WARRANTY DEED 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: 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 Wyomin corporation: Frank Hess, its President 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 ;ve written. NI No ary Public My Commission expires: 00179 LAURIE COE NOTARY PUBUC CoUMY of s State of Teton Wyoming My Commission Expires 9/1212007 ti 00784 r 05 13 5 Description: Merica 35 cur 80 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 NW 1 /4NW 1/4 of said Section 28; thence N0 °00'58 "W, along the East line of said NW1 /4NW1 /4 1,156.77 feet; thence N89 °05'55 "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 S03PR, 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. 00785 EXHIBIT C AS AMENDED 00786 'rofessional Land Surveyors PAUL N. SCHERBEL Nyo. Registration No. 164 Jtah Registration No. 1670 daho Registration No. 3990 Jevada Registration No. 6805 SCOTT A. SCHERBEL Nyo. Registration No. 3889 Jtah Registration No. 372111 daho Registration No. 8026 NARLOWE A. SCHERBEL Nyo. Registration No. 5368 <ARL F. SCHERBEL Nyo. Registration No. 11810 daho Registration No. 13493 DFEDS No. 1223 Surveyor Scherbel, LTD. Afton, Wyoming 3ig Piney, Wyoming Jackson, Wyoming _ava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR SILVER STAR TELEPHONE COMPANY, INC. ACCESS EASEMENT PARCEL REVISED To -wit: 00787 A tract of land within the NE1/4NW /4 of Section 28, T32N R119W, Lincoln County, described as follows: BEGINNING at a point on the east line of said NE /4NW which is S00 55' -46 "W, 374.90 feet, from the northeast corner of the said NE1/4NW said northeast corner 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 continuing S00 55'46 "W, 40.00 feet, to a point; thence N89 04' -14 "W, 20.00 feet, to a point; thence N00 55' -46 "E, 184.56 feet, along a line parallel with said east line, to a point; thence S89 04' -14 "E, 20.00 feet, to the POINT OF BEGINNING; the BASE BEARING for this survey is the north line of the NW/4 of Section 28, T32N R119W, being EAST; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 with appropriate details; all in accordance with the attached titled, "EXHIBIT TO ACCOMPANY EASEMENT AGREEMENT AMENDMENT FOR SILVER STAR TELEPHONE COMPANY, INC. AND JOSEPH M. JONES AND VICKI J. JONES WITHIN NE1 /4NW1 /4 SECTION 28 T32N R119W LINCOLN COUNTY, WYOMING dated 27 August 2007, as revised. 1 November 2011- Revise 21 September 2011 Revise 16 September 2008 Revise 18 October 2007 "Modification in any way of the foregoing description terminates liability of the surveyor" S 20 21 EAST 29 S S 28 2633.57' Ross W. Merica and Terra L Arica Revocable Trust, dated 24 January 1995 (50% interest) 367 PR 668 Prank Borden and Kittie L Borden (50% interest) 268 PR 393 Joseph, M. Jones and Vicki J. Jones 596 PR 179 a rn Lower Valley Energy 503 PR 768 Twenty (20) foot easement J Sliver Star Telp Compa. Inc. 457 PR 558 (10 foot easement) 478 PR 485 (10 foot wide portion of easement) Silver Star Telephone J Company. 457 PR 556 478 PR 465 See Detail o AbK .11- ,e,„s on See Detail 19 Sept 2011- ewtdfement 16 Sept 10 A1r3 /MAW s /lox 7 ALAS ~Iry 1B October .200-484S "effigy L 27 Aa9us/ 2011 Kor/ F. Scheibe/ Karl F. Scheibe/ Exhibit ZO-9 p.52 CYrrCfneicircovry nn/ rnrn 1/4 .S 21 Base Bearing Lower Valley—eJ 21y 503 P 786 Twenty (20) foot easement Silver Star �p T n ellph y one 476 PR 465 10' 0 N c EAST 2633.57' Janice K Earhart Family Trust dated 22 September 1995 516 PR 84 lo 0 Lot 8 Star West Subdivision Plat No. 254 Instrument No. 559529 0 0 Detail "B" —Not to scale Vacated by this Easement mendment LEGEND D 1z+ rr 2 W SW Comer tarwest Subdivision S 211S 2p .528.527 0 Detail "A" —Not to scale S89'04'14 "E 20.00' ifelaallWr PARCEZ HIV N89'0414 W 20.Ob' Copyright 2011 by Surveyor Scherbel, Ltd. All rights reeved. O O Found brass cep PLS 164 for southwest caner off to Stoniest ad 4a 51 /4caanr af 'S89 7 1.36' E indicates an easement line. 00788 Amended southwest same of Staved SabdIdion. SCALE 1 =50' loth/ Aythoth, 1 a�ax'szon' S00'- 55' -46 "W, 354.90' from the northeast corner of NE1 /4NW1/4 Section 28. lbinf of4,7innin, Iccess jaswnre d Arco/ Awisr S00 55' -46 "W, 374.90' from the northeast comer of NE1 /4NW1/4 Section 28. Detail "D Detail "C" Not to scale Not to scale p indicates a Comer Record filed or to be filed in the Office of the Clerk of Lincoln County. indicates a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed: "SURVEYOR SCHERBEL LTD BIG PINEY WY PLS 164", with appropriate details found this survey. indicates a 5/8" x 24" steel reinforcing rod with a 2 aluminum cap inscribed: "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details, set this survey. O indicates a 2" galvanized steel pipe with aluminum cap inscribed,, "ROSS TURNER SURVEY POINT PE&LS 3514", with appropriate details, found. indicates a 2" galvanized steel pipe with brass cap inscribed, "PAUL N SCHERBEL RLS 164 BIG PINEY WY", with appropriate details, found. indicates a deed line of record. The Base Bearing for this survey is the north line of the NW1 /4 of Section 28, T32N R119W, being EAST. EMIT TO ACCOMPANY EASEMENT AGREEMENT AMENDMENT FOR SILVER STAR PONE COMPANY, INC. JOSEPH M. JONES AND VICKI J. JONES NE1/4NW1/4 SECTION 28 T32N R119W LINCOLN COUNTY, WYOMING RIOT DAM 1 No 1011 SUPIIIMYCW s 1—. TIM A4( IMD.fii'/Ptt7QP.S' .412r 1,96' Bic ArA27 Jr�111.9Ldw,. FJZt 89/11 PJZ .107 -.P11i -99/9' .617. P2O .1A717A; F7Zi 8JW7 PZZ 7 -8 9919,- 45111.989f .1%./VAX 891,88 P4Z20P -FSl -.9919 ✓icnrme" .722 1ZL .9!97 99.9- .0Li9,• I. ZO PZL l-P773-0:914 Ae?4 °41✓Z ie J 17Z 819= 18.fk/ EXHIBIT D AS AMENDED 00789 00790 EXHIBIT E AS AMENDED 00791