P&Z Public Meeting Packet

TANEY COUNTY PLANNING COMMISSION
P. 0 . Box 383 • Forsyth, Missouri 65653
Phone: 41 7 546-7225 I 7226 • Fax: 41 7 546-6861
website: JVJVJJJ.taneycounty. org

AGENDA
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING
MONDAY, NOVEMBER 14, 2011, 6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

Call to Order:
Establishment of Quorum
Explanation of Meeting Procedures
Presentation of Exhibits

Public Hearings:
798 Parkview Dr. Rental House
Angel's Rest Gift Shop
Verizon Wireless

Old and New Business:
Tentative

Adjournment.
 TANEY COUNTY PLANNING COMMISSION
DIVISION Ill STAFF REPORT
P.O. Box 383, Forsyth, MO 65653 (417) 546-7226

Public Hearing for the nightly rental of a single-family residence located at 798
Parkview Drive, Hollister, MO, in the Oliver Township; Section 27, Township 22, Range
22 .

Request: The applicants, Donald and Judith Haun are requesting approval of a Special
Use Permit to utilize an existing , grandfathered , single-family residence for nightly
rental.

Hearing Date: November 14, 2011

History: According to the Assessor's information , the home was constructed in 1983.
The property was purchased by Donald and Judith Haun in 1984. The applicants have
indicated that this single-family residence has been utilized as a rental home since the
time of purchase.

In 2007 there was a Special Use Permit proposal that came before the Planning
Commission, in the Poverty Point area for both "nightly rental" and a bed & breakfast
that experienced a large amount of opposition. The application was denied and later
unsuccessfully appealed to the Board of Adjustment. According to the attached
Planning Commission Meeting Minutes for Monday, June 16, 2008, "Mr. Preston
presented a new sign regarding nightly or weekly rental in any single family residence
being against the Code. This new sign has been posted once so far. Mr. Herschend
stated that this was done to protect the public." The sign in question is located at the
corner of Dale Road and Winkle Drive and states, "NOTICE Nightly or Weekly Rental
Of Any Residence Violates County Codes And May Be Prosecuted". However, the
Taney County Development Guidance Code does not indicate that "nightly rental"
violates any of the adopted regulations so long as a Special Use Permit is obtained.

The current application was approved for Concept on October 17, 2011 .

General Description: The subject property (approximately 120' x 170' lot) contains an
approximately 1,356 square foot single-family residence (per the Assessor's
information) located at 798 Parkview Drive, Hollister, MO, in the Parkview Beach
Subdivision.

Review: The exterior appearance of the single-family home will remain the same. The
Taney County Development Guidance Code defines nightly rental as "A residential
building, structure, or part thereof that may be rented for any period of time less than
th irty (30) days." Currently, the applicant would have the ability to rent the residence for
a period of thirty (30) days or greater.

The applicants are proposing to rent the home on a weekly basis and have indicated
that only a single family will be allowed to rent the proposed property, with no more than
6 adult guests being allowed to stay at one time.

Division III Staff Report- Nightly Rental- 798 Parkview Drive, Hollister #11-23
Project: Nightly Rental- 798 Parkview Drive
Permit#: 11-23
Policies Receiving a Negative Score
Importance emergency water supply waste disposal service
Factor 5:
Importance use compatibility
Factor4:
Importance none
Factor 3:
Importance none
Factor 2:
Importance none
Factor 1:
Scormg by: Bob Atchley I Bomta K1ssee
Date: May 24, 2011
 Project: Nightly Rental- 798 Parkview Drive Permit: 11-23

1 50.0%

Scoring by: Bob Atchley I Bonita Kissee
Date: May 24, 2011
 TANEY COUNTY P LANNING COMMISSION
P. 0 . Box 383 e Forsyth, Missouri 65653
Phone: 417 546-7225 I 7226 • Fax: 417 546-6861

_ _ ___,..
) Please refer to Page 4 regarding the nightly rental sign
MINUTES
TANEY COUNTY PLANNING COMMISSION
REGU LAR MEETING
MONDAY, JU NE 16, 2008, 7:00P.M.
ASSOCIATE CIRCUIT COURT, DIVISION II COURTROOM
TANEY COUNTY COURTHOUSE

Call to Order:
Chairman Sarah Klinefelter called the meeting to order at 7:00p.m. A
quorum was established with eight members present. The were: Sarah
Klinefelter, Joey Staples, Jim Brawner, Frank Preston, Ray Edwards, Shawn
Pingleton, Mark Blackwell, and Randall Cummings. Staff present: Eddie Coxie,
Marla Pierce, Bonita Kissee, Dan Nosalek, Keith Crawford, and Bob Paulson.

Mr. Coxie read a statement explaining the meeting procedures.

Review and Action:
I ..
Minutes~ May 2008: with no additions or corrections a motion was made
by Ray Edwards to approve the minutes as written. Seconded by Joey Staples.
The vote to approve was unanimous. ·· · ·

Final Votes:
Branson Storage: Gus Dahlberg requests approval to split an existing
parcel into two lots with improvements on one lot located off St. Hwy. 248. Mrs.
Klinefelter clarified the project. Eddie Wolfe represented the applicant. After
discussion a motion was made by Jim Brawner to approve based upon the
decision of record. Ray Edwards seconded. The vote to approve was unanimous.

Addition to Forest Lake at Stonebridge Village: Missouri Partners, Inc. .
request to develop a single family subdivision and 9 hole golf course located off
Limestone Dr. Mrs. Klinefelter and Eddie Wolf clarified the project. There will be
an access off Keystone Road which is to the north. Fire protection will come from
Stone County. There is a question if Taney County will provide fire protection on
their side. After discussion a motion was made by Ray Edwards to approve based
upon the decision of record. Jim Brawner seconded. The vote to approve was
unanimous.

RKC Properties: New Horizons Community Church request to construct a
gym, office, and warehouse located at 1192 Bird Road. Eddie Wolfe represented
the developer. Mrs. Klinefelter clarified the project. After discussion a motion was
 made by Randall Cummings to approve based upon the decision of record with
the addition of a temporary turn around in the form of a gravel hammerhead in
place of the current cui de sac. Seconded by Mark Blackwell. The vote to approve
was unanimous.

Wildflower Learning Center: Carla and Rick Quincey request to operate a
small private school located at 160 Old Glory Road. This project withdrew.

Highway 65 Project: This project was tabled at the April 2008 final vote
until a noise study could be done. A motion was made to remove this from the
table by Shawn Pingleton. Seconded by Jim Brawner. The vote to place the
request back on the table was unanimous. Mr. Coxie read the staff report again
to update the Commission on the project. Mrs. Klinefelter clarified the request.
Bob Allen representing the developer addressed questions from the Commission.
Mr. Allen stated that the first phase would amount to approximately eighty five
million dollars. Mrs. Klinefelter reported that letters from surrounding property
owners opposing the project have been received. Information in the form of
reports on noise have been done and the Planning Commission now feels they
are well informed enough to make a decision. Mr. Allen reported that the
developer will make sure that all rules will be followed and the developer plans to
be a good neighbor to the surrounding residents. He also reported on all the
studies that have been done on the project. Mr. Paulson clarified that the entire
project was applied for so the Planning Commission must approve or disapprove
the entire plan, not just part of it. Mr. Edwards discussed the Condominiums ··
being privately owned. Mr. Allen stated that these would be controlled by
management. Plans are that phase one will be built out by July 2010. Discussion
has begun with MoDot by the developer. Eddie Wolfe reported that there is an
existing road which will be tied to the outer road to Hwy. 160 in the first phase.
This will be done by the developer at his cost. Mr. Preston discussed the race
track and how it would benefit the area, and why the Planning Commission must
approve the entire project and not be able to remove the racetrack from the
plan. Mr. Allen stated that the race track is the major element and would take
away from the attractiveness of the project. Discussion followed regarding the
number of businesses in the area of the project. Thirty eight letters were sent
out to property owners. There is a bed and breakfast within 1000 feet. Mr. Allen
stated that the developer plans to monitor the decibel level of the race track. Mr.
Pingleton was concerned that the County does not have any authority to enforce
a noise ordinance. Mr. Wolfe stated that if the project is approved it contains
some residential and multi-family, which the developer would want to protect as
well. Mr. Allen stated that the developer does not want to build an offensive
project. Mr. Brawner stated that even though there has been a lot of
information, he still has a lot of questions before he could make a decision. Mr.
Edwards stated that they still don't know what kind of cars would be using the
track. Mr. Allen stated that the track would be dirt, limiting the types of racing
 that could be done. Mr. Wolfe stated that the Commission can't enforce the noise
anyway. Mrs. Klinefelter asked about protecting the crawfish that are
endangered in Emory Creek. Mr. Allen stated that all DNR regulations will be
followed regarding this matter and that every effort will be done to protect the
species. No problem is insurmountable in Mr. Allen's opinion. Mr. Wolfe stated
that the Corps of Engineers would be issuing the final permit on the dam. Mr.
Pingleton made a statement that the project in his opinion is not compatible and
there are too many questions in his mind that have not been answered. Mr.
Wolfe reminded the Commission that they approved a revision of the Cross
project which is a commercial venture and that it is just north of this one.
Further discussion followed regarding noise. Mr. Allen stated that if they could
make a certain decibel reading in the decision of record, they could comply with
it. After discussion a motion was made by Shawn Pingleton to deny. Seconded by
Ray Edwards. The vote to deny was six in favor, and one against. Mr. Pingleton
asked that all studies be included in the file for future reference.

Concepts:
Burns Storage: K. Dan and Mary E. Burns request approval to construct
ten 10 x 20 storage units and move in six sea crates 8 x 40 for storage on
property located at 13839 St. Hwy. 160. Mrs. Burns explained her project and
location. Mrs. Klinefelter asked for location of access, buffering, and accessibility
to the units be presented before the public hearing. Mr. Pingleton suggested the
applicant contact MoDot regarding the entrance. This project will proceed to
public hearing next month. ·

Parkside Storage: Michael L. Patton requests approval to construct a metal
storage building with office space located at the corner of St. Hwy. 165 and Dale
Avenue. Mr. Patton explained his request. He has spoke with the sewer district
regarding hooking the office to the existing wastewater system. The application
included an additional building but Mr. Coxie explained that this request would
include the one building and office for now. This project will proceed to public
hearing next month.

Grannemann Vacation Home: Chad and Adriana Grannemann request to
operate a vacation home as weekly rentals from a single family dwelling located
at Winkle Road. Mr. Grannemann explained the request and presented location
maps and other information on the project. This property is the log cabin on the
corner across from a previously approved project for condominiums. This
property has been operating for three years as a nightly rental. The applicant
purchased the property as a single family dwelling then began renting but did
not know he needed a permit. Discussion followed. A motion was made by
Randall Cummings to cease operations until approval is given. Discussion
followed regarding enforcement. The applicant asked to be able to proceed
through the next month with his rental. Ron Herschend representing his
 constituents stated that if the applicant had responded when first notified he
would not be in this situation, and asked that the Commission require the
applicant to cease and desist by the end of the week. Further discussion followed
regarding other nightly rentals in the neighborhood. Mr. Preston explained some
concerns voiced to him from some of the neighbors. Mr. Grannemann reported
that they have never had any trouble from any of the people he has rented to
and he and his family and friends also stay in the house. Shawn Pingleton
seconded the motion by Mr. Cummings. The motion was unanimous for the
applicant to cease and desist in ten days from this meeting. This project will
proceed to public hearing next month.

Jernigan Subdivision: Barbara Jean Jernigan requests to subdivide a 1.07
acre lot into 3 residential lots located at 232 Bent Oak Road. Ms. Jernigan
explained her request. There is an existing residence on one lot. Discussion
followed. This project will proceed to public hearing next month.

Universal Auto and Accessories: Brian Karn requests to operate a used car
lot from an existing car wash located at 1225 Ridgedale Road. This project
postponed until next month.

Old and New Business:
Height Amendment: Mr. Coxie presented the new height amendment
revisions and explained how they were arrived at. This was presented to the
· Commission a month ago, but the vote was postponed so the public could attend
before being sent to the County Commission for their approval. Discussion
followed regarding the policy checklist. Shawn Pingleton made a motion to send
the draft amendment to the County Commission for their approval. Seconded by
Mark Blackwell. The vote to approve was unanimous.

Mr. Coxie reported his findings on the nightly rental approval at Branson
Canyon as requested by the Commission last meetin .

Mr. Preston presented a new sign regarding nightly or weekly rental in
any single family residences being against the Code. This new sign as been
posted once so far. Mr. Herschend stated that this was done to protect the
public.

Adjournment:
With no other business on the agenda for June 16, 2008 a motion was
made by Ray Edwards to adjourn. Seconded by Jim Brawner. The vote to
adjourn was unanimous. The meeting adjourned at 9:10 p.m.
Oct 28 11 08:47a WesternTaney County Fire 4173343446 p.3

Western Taney (ounty Hre Protection District
Z21 Jrffrrson Road • Bruson, MO 65616 • Officr 417.334.3440 • ~ax 417.334.3446

October 28, 2011

TO: Taney County Planning and Zoning

FROM: Western Taney County Fire Protection District
Prevention Division

RE: Judy Haun, 798 Park View, Hollister, Mo.

The property for Judy Haun, 798 Park View, Hollister is within
the bounds ofthe Western Taney County Fire Protection District.
Water for fire suppression operations would be obtainedfrom an
established water supp(v system or water tanker shuttle. ·

Should you have any questions concerning this matter contact me
Monday through Friday Bam to 5pm at 334-3440.

ames K. Single
Assistant Chief
Prevention Division
 TANEY COUNTY PLANNING COMMISSION
DIVISION Ill STAFF REPORT
P.O. Box 383, Forsyth, MO 65653 (417) 546-7226

Public Hearing for the Angels Rest Gift Shop located at 407 Holstein Drive, Taneyville,
MO, in the Swan Township; Section 34, Township 24, Range 19.

Request: The applicant, Phyllis Tate is requesting approval of a Division Ill Permit, in
order to utilize an existing 320 square foot (16' x 20') building as the Angels Rest Gift
Shop.

Hearing Date: November 14, 2011

History: According to the Assessor's information, the mobile home was placed on the
site in 1989, with the accessory building being constructed in 1995.
The current application was approved for Concept on October 17, 2011.

General Description: The subject property contains approximately 1.5 acres and is
located at 407 Holstein Drive, Taneyville, MO. The property currently contains the
mobile home and accessory building.

Review: The applicant has indicated that the majority of the business would be
conducted online, with the building acting primarily as an assembly location for jewelry
and other crafts for sale.
The project received a score of -16 on the Policy Checklist, out of a maximum possible
score of 75. The relative policies receiving a negative score consist of right-of-way on
existing roads, emergency water supply, solid waste disposal service, utilities, screening
of solid waste containers, screening of outdoor equipment and emergency services.

Summary: If the Taney County Planning Commission approves this request, the
following requirements shall apply, unless revised by the Planning Commission:
1. Compliance with the provisions of the Taney County Development Guidance
Code.

2. No outside storage of equipment or solid waste materials.

3. This decision is subject to all existing easements.
4. This Decision of Record shall be filed with the Taney County Recorder's Office
within 120 days or the approval shall expire (Chapter II Item 6).

Division III Staff Report- Angels Rest Gift Shop #11-24
Project: Angels Rest Gift Shop
Permit#: 11-24
Policies Receiving a Negative Score
Importance right-of-way I roads emergency water supply waste disposal service
Factor 5:
Importance utilities
Factor 4:
Importance screening I waste containers screening of outdoor equip emergency services
Factor 3:
Importance none
Factor 2:
Importance none
Factor 1:
Scoring by: Bob Atchley I Bonita Kissee
Date: October 26, 2011
 Eastern District Relative Policies: Division Ill Permit

Project: Angels Rest Gift Shop Permit: 11-24

3

Scoring by: Bob Atchley I Bonita f(jssee
Date: October 26, 2011
 TANEY COUNTY PLANNING COMMISSION
DIVISION Ill STAFF REPORT
P.O. Box 383, Forsyth, MO 65653 (417) 546-7226

Public Hearing for a Verizon Wireless telecommunications tower to be located off of
Church Camp Road, Taneyville, MO, in the Swan Township; Section 25, Township 24,
Range 20.

Request: The representative, Gary Buster is requesting approval of a Division Ill
Permit, in order to allow Verizon Wireless to construct a new 250' self support
telecommunications tower on property owned by Ricky and Rhonda Turner (applicants).

Hearing Date: November 14, 2011

History: The proposed tower would be located on an approximately 82 acre parcel of
land accessed via Church Camp Road.
On April19, 1999 the Taney County Planning Commission approved a Division Ill
Permit authorizing the development of a 1,070' transmission tower on the same 82 acre
parcel. This existing tower was originally constructed to transmit Channel 31 (KMBM) a
full service local television station based out of Harrison, Arkansas. Representatives
from Verizon Wireless have indicated to our office that it is their understanding that
Daystar Communications acquired interest in the Prime Lease for this tower from EBC
Harrison, Inc in a bankruptcy proceeding. However, the County Assessor's information
indicates that EBC of Harrison Inc. is _the owner of the existing tower. Verizon Wireless
has indicated that there are existing liens for 2008 and 2009 for unpaid real estate taxes
on the existing tower parcel in the aggregate amount of approximately $43, 512.05 (as
of April 19, 201 0). The representative has submitted a letter from Robert C. Hunter,
Legal Counsel for Verizon Wireless to Arnold Torres of Daystar Communications
requested that Daystar provide documentation or information showing that its interest is
not subject to the existing tax liens, either by bankruptcy court order or documentation
from Daystar's counsel certifying that the tax authorities received proper notice of sale
and did not object to the same. It is my-understanding that this documentation has
never been provided by Daystar. The representative has indicated that Verizon
Wireless initially sought to co-locate on the existing tower, however, in this instance they
are seeking to construct a new tower in lieu of co-location because of the delinquent tax
situation .

Upon contacting the office of the Taney County Collector of Revenue, Melanie Smith
indicated that an aggregate amount of approximately $69,422.02 of unpaid real estate
taxes are currently due for 2008, 2009, 2010 and 2011 on the existing tower parcel
(Parcel# 04-7.0-25-000-002-003.001T). The base real estate tax amount due per year
on the tower parcel is $17,000.00. Ms. Smith further stated that the existing tower
parcel may not be placed on the tax sale until such time that the Collector's office
receives a bankruptcy court order. So long as the tower parcel is shown to be in
bankruptcy, interest does not compound upon the unpaid taxes.
The current application was approved for Concept on October 17, 2011.

Division III Staff Report- Verizon Wireless #11-25
General Description: The subject property contains approximately 82 acres and is
located off of Church Camp Road, Taneyville, MO. The property currently contains an
existing 1 ,070' guy wire transmission tower.

Review: The proposed tower will be located on a rural 82 acre parcel of land, with no
buildings within the 250' fall distance. The representative has indicated that a signed
lease agreement will be submitted to the Planning Department, indicating that should
the telecommunications tower no longer be in use for the original purpose granted by
the Division Ill Permit and serving as an approved co-location site, that the tower will be
dismantled and removed within six months of the cessation of operations. Co-location
is always looked upon as being preferable, however due to the existing tax liens this
may simply not be feasible.
The project received a score of 3 on the Policy Checklist, out of a maximum possible
score of 45. The relative policies receiving a negative score consist of right-of-way on
existing roads, utilities, industrial landscape buffers and residential privacy.

Summary: If the Taney County Planning Commission approves this request, the
following requirements shall apply, unless revised by the Planning Commission:
1. Compliance with the provisions of the Taney County Development Guidance
Code.
2. Compliance letter from the FAA.
3. No outside storage of equipment or solid waste materials.

4. This decision is subject to all existing easements.
5. Division II Permits will be required for all applicable structures in the development
(Chapter 3 Sec. I Item 8).
6. The signed lease agreement shall be submitted to the Planning Department,
indicating that should the telecommunications tower no longer be in use for the
original purpose granted by the Division Ill Permit and serving as an approved
co-location site, the tower must be dismantled and removed within six months of
the cessation of operations.
7. A notarized statement in writing providing a position on the proposed tower (at no
cost to Taney County Emergency or any other emergency entity) for a Taney
County emergency service antenna or for use by other emergency management
agencies that are granted this right by Taney County.
8. This Decision of Record shall be filed with the Taney County Recorder's Office
within 120 days or the approval shall expire (Chapter II Item 6).

Division III Staff Report- Verizon Wireless #11-25
Eastern District Relative Policies: Division Ill Permit

Project: Verizon Wireless - Rickey & Rhonda Turner Permit: 11-25

Scoring by: Bob Atchley I Bonita Kissee
Date: October 26, 2011
Project: Verizon Wireless- Rickey & Rhonda Turner
Permit#: 11-25
Policies Receiving a Negative Score
Importance right-of-way I roads
Factor 5:
Importance utilities
Factor4:
Importance industrial landscape buffers
Factor 3:
Importance residential privacy
Factor 2:
Importance none
Factor 1:
Scoring by: Bob Atchley I Bonita Kissee
Date: October 26, 2011
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PAMELA S. O'NEAl. • NOTARY F'UEIUC
Clulstl:m Cat:ncy S!alo of Miuouri Nntarv J>uhli<.· Coulllv of
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day or A•Jril. A. D. 1999, 6~t!.rf~~,~~)~}".soo;d/y
appeared JAlvJES 1-l. CASEMENT and VIHGINlA L. (' ASEI\IENT. hi.oy w\fQ..')d m~.knov.'ll....r~r:
bl! the persons uescribcd ill and who CXCClllCrl the forcg..>illg instrumclll.jan~ ac;kllOLVJ~~ .tl\g'61
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Tri·Lakes Title Co., Ino.

RECORDING FEE $1 ]. o:•
r£ ...,, ''•blic ,.":;;bfa
lvly Commission expires:

STATE USER FEE $ 4.00 1
TOTAl. $.aL.QlLr ·

1999 APr\ I S AM 9: 20

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·> I Ill'> ·\!!r<:L"IlH~ nl. <.'llh:rn1 inh • th.-· ,~l-:_ 7 ~· d,t~ \'I \prll. 1999. h~ and h~· t\\\.'<' 11 .Jl\1
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I"( ·,\St-:~'1 E:'\T"l.

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\\IJEREAS. RIIS~l ~ l L I'> tit~ O'·''"~r in tl!~ simpk• of the l(lllmd•lg. ucM:rihcd re<:r.:
prnpt:rt). !>ituaicd in the Ct)\lnty of Taney . ~t.nc ul' lvli!>souri: 1o-wi1:
The W~1 of the NW:4 and theN :,t, ot the NE'4 of the NW l4 of Section
25, To-.vnship 24 North, Range 20 West. Atl of the NE% r_,f Section
26, 1 owns hip 24 North , Range 20 West.
WHEREAS. C1\SE~IENT io; the owner in lh• simple uf lhc follo~Wing ucscribcd real
pruJ;<.:rty. situutcd in LJ·,._, County of T;mcy. Slalc ( ) f M isSI'llri. to-wit;

A i)arr of the S liz of NE \~ of the NWY.. of Section 25, Township 24
NQrth, Ranoa 20 West. described as follows: Beginning at the
Southwest corJ't~r of said NE Y,. of the 1\J\A.' ~; thence North 00 ° 52' 32"
VIlest along the West line thereof 6R I .88 test: thence No!'th 89° 15'
31" East 669 . 61 feet; thence South 00° 52' 27" Ea::.t 605.30 feet to a
point on the South lina of said NE !·4 of the NW !4; thePc~ 89° 33' 07"
VV~st along South line 669.61 feet to the point of beginning; containing
10.02 acres, more or less .
\\"HEREAS, the Parties dcsi.-c to create a common access. fo;ty (40) wide, for the use
and benefit of the prope11ics above dl.·scrihcd. ,.,.l1ich casement is more spccitically described as
follows:

A strip of land, being 40 feet in with, sitJnted in the NE"!4 of the NWY..
of Se~tion 25, Township 24 North, Range 20 West, the centerline (ell)
of which is more particularly described as follows: Commencing at the
Sc•uthwest cor;1~r of said NEY.. of the N\rVY..; thence North 00° 54' 50"
West 661.47 feet (Record = North 00° 52' 32" West 661.88 feet) to
an existing iron r· . to tho POINT OF BEGINNING; thence North. ago 15'
30" East 66g.69 f~1et (Record = North ago 15' 31" East 669.61 feet)
along the common boundary of the RUSSELL and CASE:MENT tracts to
an existing iron pin for the POINT OF TERMINUS on the West line of
the ex1sting Church Camp Ro:.~d.

l"'iO\\', THEREFORE. in consideration of the mutual covenants and grants herein
(.'ontaincd. RUSSELL dues hcr-.·hy grant to CASEMENT an easement of way over t!'le above
dc!r1.'ribcd laud owned by First Part: and CASEMENT docs hereby grant tn RUSSELL an
'l.!ascmcnl of •.vay twcr I he nlmvc dcscrihcd land own~: J by CASEMENT, said grants being
malic on 1hc following tt'rms and condi!ion:..:

I. The lanr.l hcrcbv convcvcd shall be used as a commvn acc.:ss casement for the
benefit of said pro!JCrties. ·· •

2. In the cvcill the ahtwc d\'S<.'I;bcll recti prupt!rtic.o; shall be subdivided. this casement
shall h..:nclit and run ""ith the lanu!r so subdi,·idoo.

These cascmcJ~ts and tin: co\·t:niults lll~n:in cnntuincd shall run with the lands anc!
inure tu nnd he binding uplln the .:>th.:t:cssnr!\ in lith~ of tlu.: respective Patties.

\\'ITJ'o,;ESS our hands and seals this ttt r~lay (Jf April. 1~99.

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 Taney County, MO beaconTM

Date Created: 8/2312011

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OWner Address "TURNER RICKEY LEON & RONDA CATHERINE TRUST
14225 ESTATE HIGHWAY 76
TANEYVIllE MO 65759-5316

District 2CCX
Brief Tax Desaiption W2NW4
(Note: Not to be used on legal documents)

Last Data Upload: 8/23/20112:14:48 AM

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Schneider www.schneldercorp.com
~·
Robert C. Hunter
816 .691.2406 DIRECT
816.412.1195 DIRECT FAX
rhunter@stinson.eom
STINSON
MORRISON
HECKER
- - LLP-

February 23, 2011
Via Certified Mail
Return Receipt Requested and
E-mail (sylvia.shively@daystar.com)

Arnold Torres
Daystar Communications
3901 Highway 121 South
Bedford, Texas 76021

Re: M015 Kissee Mills- Proposed Tower Lease Agreement with Verizon
Wireless

Dear Mr. Torres:

This firm represents Verizon Wireless in connection with the proposed Tower
Lease Agreement with Daystar Communications (the "Proposed Lease"). As you
already know, Chuck Beck with FMHC Corp is also working with Verizon Wireless as
its site acquisition consultant and has previously been in contact with you with regard to
the Proposed Lease and Verizon Wireless' due diligence efforts with respect to the site.

As we understand it, the original ground lease for the tower parcel is dated March
10, 1999, and was entered into by and between Rick Turner and Rhonda Turner ("Prime
Lessor") and R. S. Communications, Limited Partnership ("RSC"). RSC's interest in the
Prime Lease was assigned on October 15, 2004 to EBC Harrison, Inc. ("EBC"). We
understand that Daystar acquired EBC's interest in the site in a bankruptcy proceeding
involving EBC, but have not been provided with documentation with respect to that
transaction.

Based upon information we have obtained from a December 2009 title report and
from the County Collector's Office, there are existing liens for 2008 and 2009 unpaid
real estate taxes on the tower parcel in the aggregate amount of approximately
$43,512.05 (as of April19, 2010). There are also two (2) Deeds ofTrust which were
recorded against the Prime Lessor's property on May 6, 2008 by First Home Savings
Bank. While this is after the date of the Prime Lease, there is no recorded Memorandum
ofthe Prime Lease and we have no confirmation that the Deeds of Trust were recorded
after construction of the tower. It also appears that a significant portion of the access
road which is necessary to obtain access to the site is located on properties owned by
individuals other than the Prime Lessor. However, no one has been able to provide a
copy of a recorded easement allowing access across those properties. It appears that a
separate additional access easement may need to be obtained by Daystar.

The purpose of this letter is to request that we be allowed to contact your
corporate counsel and/or your bankruptcy counsel so that Verizon Wireless can obtain

stlnson.com 1201 Walnut, Suite 2900 Kansas City, MO 64106-2150 816.842.8600 ......
Kansas City I St. Louis I Jefferson Cny 1Overland Park 1WocMa 1Omaha 1Washington D.C. 1PhOenix 816.691.3495 fAX
DB04fl62186.1569/4058098.1 CR09
Daystar Communications
February 23, 201 I
Page2

information with respect to the matters outlined above and conclude its due diligence
with respect to the site. Without this information, which we understand Mr. Beck has
been requesting for quite some time, Verizon Wireless is unable to evaluate the
feasibility of the site and to determine what, if any, additional provisions might be
necessary in the Proposed Lease to address what appear to be significant and material
unresolved title matters. By having discussions directly with your attorneys, our hope is
that we will be able to obtain the information required and move the process forward.

We understand that Daystar has indicated to Mr. Beck on several occasions that
it does not believe that it is responsible for the 2008 and 2009 back taxes. However, the
fact remains that the tax liens on the site have not been released and no documentation
has been provided to Verizon Wireless to confirm either that those taxes have been paid
or that Daystar acquired its interest in the bankruptcy proceedings "free" of those liens.
Receipt of documentation or information confirming Daystar's position that its interest is
not subject to the existing tax liens (presumably either by bankruptcy court order or
documentation from Daystar's counsel certifying that the relevant tax authorities
received proper notice of the sale and did not object to the same) is required in order for
Verizon Wireless to determine whether or not any further efforts to secure this site
should be undertaken. Once we understand how Daystar acquired the site out of
bankruptcy and the status of the liens for the unpaid real estate taxes, we can then make
any necessary adjustments to the terms of the Proposed Lease and also to determine how
best to resolve the other title matters concerning access and the recorded Deeds of Trust.

Unfortunately, the time available to discuss and resolve these issues is growing
significantly short. Given Verizon Wireless' current build plan objectives for this
market; we need to bring these discussions to a conclusion within the next several weeks
or Verizon Wireless will need to evaluate alternate candidates.

As indicated earlier, we believe that the most efficient route to a resolution on
these matters would be for you to put us in contact with your corporate and bankruptcy
counsel. However, if that is not possible, we would greatly appreciate your response to
the matters raised in this letter and suggestions for addressing the same. We look
forward to hearing from you.

Very truly yours,

STINSON MORRISON HECKER LLP

Robert C. Hunter
RCH:bjd
cc: Chuck Beck (via e-mail)
Lisa Rogers (via e-mail)
Cathy Huntley (via e-mail)

DB04n62186.1569/4058098.1 CR09