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Home My WebLink About916675 ~·;·.'I·.·.J.·.!¿.·.·.·.·.·.·.·.·~',·,'.' ·...',~~¡t..~£i~~·.:o!i:"\.o:.:...:,:;:.· .l..l...':": '>.' .~,,;..'-'.:. .._>;..:.:....:,,:.::..:._.:.. ,·..·.',:·;7."'·. '.'.·.·.'¿~~.!.;t¿¡~!1!l_' I;...· _;}'H:!'1S1~~,n"'~~J.Ú\~~:'¡~;I;;:;;:,¿:,""\-,,~!·_ .. !::·_....'"'-:j.~,~f;;~t:-¡:t.:,:;T' '", ,.,...:.~.'~' ,.";-;'!'-.~~.~.:,". RECEIVED 3/15/2006 at 9:22 AM RECEIVING # 916675 BOOK: 614 PAGE: 382 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ._- -- ,'- -SHARED WELL WATER AGREEMENT COURTESY RECORDING ' This document is being recorde~" 0 0 3 8 2 solely as a courtesy and ... accommodation to the parties therein. land Title Co. Hereby expressly disclaims any responsibility or liability tor the accuracy content thereot. This SHARED WELL WATER AGREEMENT for the Windy Acres Subdivision entered into this 10th day of March, 2006, by Mark D Stevens and Dani Beckerman, herein after called the 75% Owners. \. "-- WHEREAS, 75% Owners owns Lots 1,4 & 5 (75%) of the Windy Acres Subdivision within the Sl/2Sl/2NWl/4 Section 14 T35N R119W recorded in the office of the County Recorder of the County of Lincoln, Wyoming and, . WHEREAS, the 75% Owners deem it necessary to provide a well system to service the parcels described herein, and an Agreement has been reached relative to supplying water from the well and the cost of supplying said water; and WHEREAS, there is located a well Permit #106294 upon the easement area of Lot 1 of the Windy Acres Subdivision, together with water distribution facilities, hereinafter referred to as "water distribution system", for the purpose of supplying water to all properties connected to the said water distribution system; and ¡ WHEREAS, it is the intention and purpose of the 75% Owners that the well and water distribution system shall be used and operated to provide an adequate supply of water for each of the properties connected thereto, for the domestic consumption of the occupants of said properties, and to assure the continuous and satisfactory operation and maintenance of the well and water distribution system for the benefit of the present and future owners, their heirs, successors and assigns of the properties connected thereto; and WHEREAS, the said well is deemed by the parties hereto to be of adequate capacity to supply a single family dwelling on each of the parcels described herein with water from the well for all domestic uses of a single family residing therein, that the water distribution system will have a continuous and satisfactory operation in accordance with the terms of this Agreement; and WHEREAS, the 75% Owners desire to record this Agreement for the purpose of reducing to writing their respective rights and obligations pertaining to said well and water distribution system for the Windy Acres Subdivision. NOW THEREFORE, in consideration of the promises and covenants herein contained, it is agreed that the well and water distribution system situated on Lot 1 of Windy Acres Subdivision shall be used by the owners of the Lots 1, 2, 4 and 5 as well as by all future owners and occupants of said parcels, upon the following terms and conditions: 1. That until this Agreement is terminated, as hereinafter provided, the owners of Lots 1, 2, 4 and 5, their heirs, successors and assigns, for the exclusive benefit ofthe respective parcels of real estate, and for the exclusive use of the household residing thereon, are hereby granted the right in common with the other parties to this Agreement, to draw water from the well located on Lot 1 of the Windy Acres Subdivision for quotidian domestic use excluding the right to draw water to fill swimming pools of any type. 2. That the owners or residents of the dwellings located on Lots I, 2, 4 and 5 of the Windy Acres Subdivision will: a. Elect a BOARD OF DIRECTORS: A Board of Directors shall be established which shall consist of those persons owning said Lots 1,2,4 or 5. For the Page 1 00 ¡¡~ill[llilfH~ 1:::S:·::::S:::i;:::;¡ '¡,'II.,í,tillSiE;3 ¡::;~m1mimm~G :f;'·~'~¡!:':i't-·:J!'i~·':-f¡;":;,¥"'.:~~J~\~.;W!!it~,,~~~"'~'~:~;'i';::i¡:;;~·~~:E~~~~;',:'-.~_·~':'::":~/4="11!~It3'¡";I\:;t:~'!j·~ßß:I,-·U:·'~.:':'::~·':'·;::;-¡o(-"::·!J"":::ili~i!d"';~.!!!l_:8iVI1Ri2:iWã'·~!î>i-;'X\».~'~¡'~'@J:_'. F q·¡Yj':·'·;~,-:~iJ':;¡-~iíl!¡c>:ië~"'i.:'~n·:I>'~C:"'·':'~:';·':.:~¡t:.1¡"f.;o-O~;':"';:" _. '_ 0916675 C00383 purposes of developing policy and operating the water system, each person owning said Lots 1, 2, 4 or 5 should have one vote. A simple majority will be required to enact any water company business. The Board of Directors shall meèt and establish a set of Bylaws for the operation and maintenance of the water system. b. Payor cause to be paid promptly, a proportionate share of all expenses for the operation and maintenance of the well and water distribution system that may become necessary. Each respective share shall be determined by dividing the amount of each expense by four, it being understood that the supplying party and the supplied party shall pay an amount equal to one quarter of the total of such necessary repair or replacement. Shared expenses include the cost of electricity for pumping, repairs and maintenance on said well and water distribution system. 3. That the cost of any removal or replacement of pre-existing site improvements on an individual parcel necessary for system operation, maintenance, replacement, improvements, inspection or testing, damaged as a result of repair of the well or water distribution system maintenance will be borne by the owner of the affected parcel, except that costs toremove and replace common boundary fencing or walls damaged as a result of repair shall be shared equally between or among parties so damaged. 4. That each of the parties will promptly repair, maintain and replace all water pipes or mains serving their respective dwellings. 5. That the consent of all parties to pay a proportionate share of costs shall be obtained prior to embarking upon expenditures for system maintenance, replacement or improvement, except in emergency situations. An arbitrator shall be chosen by the parties; shall be consulted in the event the parties cannot agree regarding the said expenditures; and the arbitrator's decision shall be definitive. 6. The Proportionate share for the cost of energy for the operation of the pumping equipment shall be determined by a separate meter upon each dwelling and for each parcel. Meters are to be approved by Board of Directors. 7. The payment for energy cost shall be made not later than the 3rd day of each succeeding month. In the event that any such payment remains unpaid for a period of20 days, the Board of Directors or Lot owners may terminate the supply of water to the supplied party until all arrearages in payment are received by the Board of Directors or responsible party. 8. The owners of Lots 1,2,4 and 5 shall permit a third party to cure a default of payment or other obligation and shall permit water distribution service to be reinstated upon such curative action. 9. The owners of Lots 1,2,4 and 5 do hereby grant to the other, his heirs, successors and assigns, such easements over, across and through the respective parcels as shall be reasonably necessary for the construction of the well, maintenance of water pipes, pumping equipment, mains, electrical wiring and conduit consistent with the purposes of this Agreement. 10. That no owner of Lots 1, 2, 4 and 5 may install landscaping or improvements that will impair the use of said easements. 11. That each owner of Lots 1, 2, 4 and 5 shall have the right to act to correct an emergency situation and shall have access to the pertinent parcel in the absence of the other. An emergency situation shall be defined as the failure of any shared portion of the system to deliver water upon demand. 12. That only Lots 1,2,4 and 5 of the Windy Acres Subdivision hereinabove described and the dwellings located thereon shall be permitted to receive water from said well and pumping equipment; and each of the parties hereto does hereby covenant and agree that he/she will not allow or permit other persons, other than household guests, to take, draw, Page 2 of3 . '··~9..;tL."I:r.r.I:·~r:':.~:...!. '.', ~" ':, ·;''':·!:S:::L~_:. . .....4·.. '.,;...:;:.:.;_..1J~'!ir_'. , :,';;:'·:'-:;~CI:!~.:.:Ò~I:.:ø:.:,:.. . ~;, '.\"~~,.~,j,~ jo'~,~~:¡::':!~L~"~:: .':. ~~·r_.' .' .~!"' '~"'~¡'·'f.;,u:tt.i.',:;,¡:,:,_:'-.;';i.,~;·jl:·'-;;':!dJ!~'i!i~,!i~·j., :':~ " 09166r<¡S C00384 use or receive water from the well, nor permit other persons to connect to the pipes or mains serving his/her respective parcel. 13. That in the event the referenced well shall become contaminated and shall no longer supply water suitable for domestic consumption, or shall no longer supply water adequate for the needs of all relevant parties, or in the event that another source of water shall become available to the respective parcels, then the rights and obligations of the parties created by this Agreement shall cease and terminate in accordance with the terms and conditions hereinafter described. 14. That upon the availability of such other source of water, it is contemplated that a reasonable time shall be allowed to effectuate the necessary connections to the new source. 15. That the respective rights and obligations of the parties shall continue until the parties who wish to terminate their participation in the Well Agreement have executed and filed a written statement of termination at the Office of the Register of Deeds of the County of Lincoln, State of Wyoming. Upon termination of participation in this Agreement, the owner and occupant of each residence which is terminated from the Agreement shall have no further right to the use of the well. The terminated parties shall disconnect their respective lateral connection from said well system and shall have no further obligation to payor collect for maintenance and related expenses incurred thereafter. The costs of disconnection from the well and water system shall be borne by the owner of the pertinent parcel. 16. That the owners of Lots I, 2, 4 and 5 shall permit periodic well water sampling and testing by a responsible authority at the request of the Board of Directors. 17. That the said well and this Agreement, if amended, shall serve no more than four single family dwelling units or four parcels, notwithstanding the ability of the parties to make other amendments to this Agreement. 18. That the owners of Lots 1,2,4 and 5 may amend this Agreement to assure equitable distribution of shared costs and responsibilities. 19. That the term of this Agreement shall be perpetual, except as herein limited. 20. That the benefits and burdens of this Agreement shall constitute a covenant running with the parcels of land herein described and shall be binding upon the heirs, successors in title a signs of the parties hereto. ... /l /In MarkD Steve , Dani Beckennan,~ ~ IN WITNESS WHEREOF, the parties have hereunto set their hands and seal the day and year first above written. DATE BY DATE County of) 5;;;~ ~ )ss /I _../.~ / State of) ~!.b Swom and SUbs¥~e tlùs 10 day of Notary Public ~ /J My commission expires: r 7I1;rØt J-c()£. )--¿"\, ........... --- ^-........ -- ....... --- ~ ~ ~.-4!::.:...-( yo . TAEHOON KIM .." o COMM. # 1487úOO :C. NOTARY PUßLlC-C¡\LlFORt~IA0 SANTA CRUZ COUNTY 0 COMM. EXP. JJlAY 4 2008'" . ·l Page 3 00 ~:::::::f::::::~::;:! ~::~~;;~;¡;: