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HomeMy WebLinkAbout911082_00090 COMMON WELL AGREEMENT COMMON WELL AGREEMENT made this by and between of and of 2000. RECITALS The parties own the following deScribed real properties in Lincoln County, Wyoming, Section ., Township North, Range West, 6th P.M. LoT' 59' . 3. A common well is located on the property owned by ~qtvl~ and the parties have water lines from that well to their respective properties. 4. The parties desire to reduce to writing the duties and responsibilities which each has with regard to the common well and to provide for their mutual use and benefit of the connnon well. NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree as follows: 1. All of the parties shall have the perpetual right of way easement to the respective properites from and to the common well to repair, maintain and replace the emsting water lines. This perpetual right of way easemem shall be One (1) rod in width, the centerline being the location of the emsting line. 2. In consideration of their perpetual use of the well to provide water to their respective lots, each party agrees to share of the cost of operating and maintaining the.well. Operating expense shall include, without limitation, the power to operate the well. 3. ,MI repairs to the well, pump, .a4nng and electrical controls shall be shared equally by all users of the well including any future users of the well, provided-that any decisions concerning needed repairs shall be by joint decision of all of the ~vell users. , , Page 1 of 2 · 4. Each water user shall be responsible for repairs and maintenance to his o~n water line from the common well to his respective property, where the water is used. RECEIVED 8/22/2005 at 10:28 AM RECEIVING # 911082 BOOK: 595 PAGE: 90 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 5. This agreement shall be binding on the successors in interest and assigns of the respective parties hereto and shall be a covenant runmng with the land and may not be altered except by an agreement in writing signed by all of the parties to this agreement. 6. All necessary repairs and maintenance to the well, pump, electrical controls and wiring and to the respecnve water lh~es of[he parties shall be made with as little disturbance as possible to the real property on which the ~vell is located. Immediately upon completing such repairs or maintenance, the parry or parries making the repairs shall restore the real property, as nearly as possible, to ~ts cond/tion prior to the twne that the repairs were made IN WITNESS WHEREOF, the parties have executed this Common Well Agreement as of the. day and 3,ear first above ~wirten STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) The forgoing Common Well Agreement was acknowledged before me by Witness my hcmd crud official seal. on th s 1 9 day of 2ooI My commtsszon expires: STATE OF WYOMING ) COUNTY OF LINCOLN ) The forgoing Common Well Agreement was acknowledged before me by on this day of Wimess my hand and qffficial seal. 2000. Nota~ Public commission expires: va=e~ oI 2