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Home My WebLink About916866 ··-,'I·I.:.r~~;""';';:.~.'-i...-,"_:_· . .'.................'...'. ",'..··,u~"" ".-..-...... ,'._~ ," "....:.~;:.',.: ' .., ..,_ '.,,_. ,,'. ,~. T;....U_,J:!_..~!.'J.·. J. ,;.~: .',:. '. '...:,1.., o.:"!.!.".-""., RECEIVED 3/23/2006 at 11 :00 AM RECEIVING # 916866 BOOK: 614 PAGE: 852 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY W ELL AND WATER USE AGREEMENT C00852 d THIS AGREEMENT made this ~~ day of December, 2005, by and between THOMAS S. ROOKS and KATHLEEN ROOKS, husband and wife, of 92 Bethesda Church Road, Carrolton, Georgia 30117-9680, for themselves, successors and assigns (hereafter "Rooks"), and NADINE R. EDWARDS, a single woman, of P.O. Box 664, Maricopa, Arizona 85239, for herself and her successors and assigns (hereafter "Edwards"), (hereafter collectively the "Parties"). WHEREAS, Rooks owns a tract of land in Lincoln County, Wyoming, said tract of land being that described as Lot 5 of Bear Creek Estates, Lincoln County, Wyoming according to the official plat filed as Instrument No, 814655 on January 26, 1986 in the office of the Lincoln County Clerk (hereafter, "the Rooks Property"); and WHEREAS, Edwards owns a tract of land that is adjacent to the Rooks Property, said tract being that described as Lot 4 of Bear Creek Estates, Lincoln County, Wyoming according to the official plat filed as Instrument No. 814655 on January 26, 1986 in the office of the Lincoln County Clerk (hereafter, the "Edwards Property"); and WHEREAS, the Parties have agreed to allow Edwards to construct a well on the Rooks Property (the "Well"), in order to provide water for the Rooks Property and the Edwards Property; and WHEREAS, the parties have agreed to share the Well to be located on the Rooks Property; and WHEREAS, the Parties enter into this Agreement in order to set forth the tenns and conditions for sharing the Well and providing water to both properties. NOW, THEREFORE, for and in consideration ofTen Dollars ($10.00) and other good and valuable consideration, including but not limited to the mutual promises contained herein, the Parties, for themselves and their successors and assigns, hereby agree as follows: 1. Rooks hereby grants to Edwards an undivided one-half interest in and to the Well and the well pump and any and all other equipment for the operation of the Well and the right to WELL AND WATER USE AGREEMENT ROOKS / EDWARDS PAGE 1 OF4 ~~lili~~~ijf¡1j ~-~_.- ~;~~~~w:~wr "'.",;......-.,,;',, "..;, '__ .., _ :......" n·." '''';'-'''''-_'~~.IIUO-.,_,~~~", '.. .... ;';......,...............,. .'... .~'.'_:~""'..'"..;:I:'~'u; ....0'-.' "... ~~< """',', ,'"' ..-' .~. ,,.-. 0916866 C00853 use of the Well and to the use of water therefrom. Rooks further grants to Edwards and reserves unto Rooks the right to inspect, maintain, repair, operate, and replace the Well. 2. Rooks hereby grants to Edwards an easement across the Rooks Property from the Well to the Edwards Property, said easement being for the purposes of inspecting, maintaining, repairing, operating, and replacing an underground water line from the Well to the Edwards Property; provided, that if, in the inspection, maintenance, repair, operation, or replacement of the underground water line, the Rooks Property is damaged or disturbed in any manner, Edwards shall undertake reasonable restoration of the Rooks Property to the approximate condition as it was prior to such damage or disturbance. 3. Up and to any time before Rooks requires any use of the Well, Edwards shall have the obligation to drill and case the Well at Edwards own expense. Edwards shall also have the obligation to supply power to the well pump and pay all costs to provide power to such pump. Additionally, to allow Rooks to connect power to the Well when Rooks requires use of the Well, Edwards shall have a switch installed at or near the Well. 4. If at such time a well has not been constructed on the Rooks Property and both Parties require the use of a well on the Rooks Property, the Parties shall have the joint obligation of drilling and casing the well. The Parties shall also have the joint obligation of supplying power to the well pump and paying all costs to provide power to such pump. 5. Prior to the time that Rooks connects to or requires any use of the Well, Edwards shall bear the obligation to: a. maintain the Well, including the well pump, in good operating condition, so that it supplies potable water in an amount sufficient to serve both properties with reasonable pressure, and if necessary, to install such additional equipment as is necessary to ensure such delivery of water to the Edwards Property; b. pay all expenses of Well maintenance and repair; and c. pay all ongoing expenses of operating the Well, including but not limited to the expenses of electricity to facilitate the operation of the Well and well pump. 6. At such time that Rooks connects to or requires any use of the Well, both Parties shall have a joint obligation to: WELL AND WATER USE AGREEMENT ROOKS I EDWARDS PAGE20F4 ... ".T<.·,','.::',:'·",·',.,.', ¡:.;..'.¡.....,..,.,...,.. 0916866 , 00854 a. maintain the Well in good operating condition, so that it supplies potable water in an amount sufficient to serve both properties with reasonable pressure, and if necessary, to install such additional equipment as is necessary to ensure such delivery of water; b. share equally in the costs of Well maintenance and repair; provided, however, that the Parties shall consult with each other before any such expense is incurred; and c. share equally in the costs of operating the Well, including but not limited to the costs of electricity to facilitate the operation of the Well. 7. In the event either party no longer requires use of the Well and such party disconnects service to the Well and connects service to the Bedford Water & Sewer District, the remaining party( s) shall be responsible for the maintenance, costs, and operation of the Well as outlined above in Section 6 a-c, above. 8. Each party shall be responsible for the costs of maintaining and repairing their individual water lines from the Well to their respective points of use. 9. Each of the Parties shall not: a. resell or otherwise allow any third-party use of water from the Well or unreasonably expand their own use of water from the Well without the written consent of the other party; or b. intentionally and/or unreasonably interfere with the other party's use and enjoyment of the Well and water therefrom. 10, If either party fails to perform the terms and conditions stated herein, the aggrieved party may take such legal action as may be necessary to enforce said terms and conditions. The party at fault shall be liable to the other for all legal costs and reasonable attorney's fees, whether or not the matter proceeds to litigation. 11. This Agreement including all terms and conditions contained herein, shall be binding on the Parties, successors and assigns, continuously for twenty-five (25) years beginning on the day and year first written above and shall be appurtenant to and run with both properties, the Rooks Property and the Edwards Property. 12. This Agreement shall be renewable for an additional twenty-five (25) years upon the mutual, written and properly recorded agreement of the Parties, WELL AND WATER USE AGREEMENT ROOKS / EDWARDS PAGE 3 OF4 Œili~fÌ!Ìj~¡j{ ¡;!~~~~~~;ir: , . .'~'¡I,,,';'.I.'.', . .' , . ';' "',~1::t_~"".>1r ,"'~ "-;""', "'".","~",:' .;. ,: " .. "·..!c·~·.!. . ¡ ',."-:' . -. , ';' . ':~,' :';:.:¡~.......:.' ,_ 0916866 13. The obligations for payments created herein shall, if not paid as required heréiri, G00855 shall become liens upon the real property. IN WITNESS WHEREOF, this Agreement has been executed on the day and year first above written. ¿:tt 0 QJ>.. L r2-JL KATHLEEN ROOKS ( "~~ ¡:, ~ ADINE R. EDWARDS STATE OF GEORGIA ) ) SS.,., t "\ ~', COUNTY OF CARROLL )< ."", , " ACKNOWLEDGED before me this C1 day of December, 2005, ~1;~~MAS:~:>"_ ROOKS and KATHLEEN ROOKS, - '~:')"»::Ò \-iG , c/>.\\ WITNESS my hand and official seal.":~J. ~ 4 '0> j U i: \- ~/I_,,1Vl, 0 \~..'" .... ~."",I'. ,,, . ~ 'r ~\, '~:.I~".'''''~l~!j·!i'''''' .... (.. .,~.~, "~".:..,!..... ~\\,.I ,~. ~/:H ).. },', .. uNOT UY COMMISSIOIIOPIRESAOO. 5.2006: My Commission expires: STATE OF ARIZONA ) ) SS. COUNTY OF MARICOPA) ACKNOWLEDGED before me this If/º' day of December, 2005 by NADINE R. EDWARDS. WITNESS my hand and official seal. Notary Public Slate of Artzon8 ~ Pinal County ~ Mary B Eut811 ExpIres March 15, 2008 ~~ ß. fa...~ NOTA Y PUBLIC My Commission expires: /Yl1J/'v 16J;;¿ tJ6~ WELL AND WATER USE AGREEMENT ROOKS / EDWARDS PAGE 4 OF 4 ~