HomeMy WebLinkAbout920053
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3078850541
BOWERS LAW OFFICE PC
PAGE 02
008.1.2
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AGREEMENT TO SHARE POTABLE WATER WELL
THIS AGREEMENT made and entered into on the ~ day of June, 2006, for
the shared use of an existing well, by and between KRISTINE FORD of Fairview, Lincoln
County, Wyoming, and TIMOTHY JEFFS of pofJ. /3 (}..... , ~ , LUL~
County,~~
RECITALS
1. The above named parties have interest in certain properties and desire to
share a single potable water well for both properties, the properties being located in the
County of Lincoln, State of Wyoming, more specifically described as follows:
KRISTINE FORD Description:
"Lot 5 of Gruning Meadows,'· located in Grover,
County of Lincoln, State of Wyoming, as recorded
in the official records of the Lincoln County Clerk,
for and in the County of Lincoln, State of Wyoming.
TIMOTHY JEFFS Description:
"Lot 4 of Gruning Meadows,"located in Grover,
County of Lincoln, State of Wyoming, as recordl~d
in the official records of the Lincoln County Clerk,
for and in the County of Lincoln, State of Wyoming.
2. Kristin.e Ford owns the existing potable water well that is located on Lot 5
of Gruning Meadows, Grover, County of Lincoln, State of Wyoming, said wen being
Chaparro #1-
3· Timothy Jeffs has agreed to purchase Lot 4 of Gn1l1ing Meadows, Grover,
County of Lincoln, State of Wyoming.
4· Timothy Jeffs desires to share the existing potable watE!r well with Kristine
Ford as a condition of his agreement to purchase the above-referenced property.
Bowt'.rs &. A.r.voc/oles Law Office.., PC
Post Office Box 1550
Aftotl. Wy 83110
. (307) M5.2266
Page / 0/ "
RECEIVED 7/10/2006 at 9:57 AM
RECEIVING # 920053
BOOK: 625 PAGE: 812
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER.~ _
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OS/28/2005 15:09
3078850541
BOWERS LAW OFFICE PC
PAGE 03
0920053
(00813
5· Kristine Ford and Timothy Jeffs agree to the fol1owing \VÍth regards to the
above-referenced potable water well:
A. Both parties shall have a perpetual right to receive water from the
well necessary for use on the parties respective lots. Said water will
be obtained through the water lines already existing from the wen
to the above~referenced lots.
B. Timothy Jeffs shan have a perpetual right of way easement to repair
and maintain his water. line located on Kristine Ford's property.
The easement will be fifteen (15) feet in width with the centerline of
such easement being the waterline servicing Timothy Jeffs'
property.
C. Each party win be solely responsible for any repairs and/or
maintenance to the parties' respective water lines running from the
well to the above-described lots.
D, Both parties will equally divide costs for the upkeep and
maintenance of the well.
E. Both parties will equally divide costs for any neeessary repairs to the
wel1.
F. Both parties \VÍIl equally divide costs for the eleetricity to run the
well.
G. Before any costs are incurred for maintenance and/or repairs to the
well, both parties shall have notice of and give consent to said
maintenance and/or repairs.
H. All above-described costs will be paid by both parties within fifteen
(15) days of the date in which they are incurred, or within fifteen
(15) days in which payment is demanded by either party, whichever
date is earlier, unless otherwise agreed by the parties in writing.
6. Warranty. The parties agree and understand that the wen is provided "as
is" and that there are no implied or expressed warranties concerning the well.
7. Notice. Any 110tice given pursuant to this Agreement shall be in writing
Pa/(~ ). of 4
OS/28/2005 15:09
3078850541
BOWERS LAW OFFICE PC
OSZOOS3
PAGE 04
cnrS14
and shaH either be personally delivered or sent by U.S. mail, and shan be deemed given
when either personally delivered or three (3) business days after deJPositing in the
United States mail, addressed as follows:
Kristine Ford
P.D.Box
Fairview, WY 83118
Timothy Jeffs
~¡3;z..
1 ( (A) c.~. 'i<: r-j' /~ 7..
8. Construction. This Agreement shall be construed according to the laws of
the State of Wyoming.
9· Modification. This Agreement may not be changed. orally, but only by an
Agreement in writing, signed by the parties against whom enforcement of any waiver,
change, modification or discharge is sought.
10. Entire AlITeement. This Agreement constitutes the entire agreement of
the parties and supersedes an prior or contemporaneous oral repres~mtations or
agreemeots of the parties whether verbal or in writing.
11. Headings. The headings used in this Agreement are for convenience only
and are not to be used in its constructions.
12. Bindin~ Effect. This Agreement shall be a Covenant running 'With the land
and shall be binding upon and inure to the benefit of the parties hereto, their heirs, legal
representatives, successors and assigns.
13· Breach and Attorney's Fees. In the event that any Party sban breach any
obligation hereunder, the Party in breach shall be liable to the other Party for aU
reasonable expenses, including attorneys' feês, incurred in the enforc,ement of the
obligations created by this Agreement.
III
III
8ower., & Assnclntes Law Offic~', PC
Po..! Offiæ Bn~ 1.550
Aflo", WY 831/0
(307) 885-2166
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OS/28/2005 15:09
3078850541
BOWERS LAW OFFICE PC
PAGE 05
09~~0053
IN WITNESS 'J1¡IEREOF, the parties have executed this Agreement effective
the 2'iL day of Y-?ø?Þ ,2006.
C00815
~ 'J, \J jf
TIMOrnY~
KRISTINE FORD
STATE OF WYOMING
COUNTY OF LINCOLN
) 58.
)
)
The foregoing instrument was acknowledged to before me by KRISTINE FORD on the d. 8"
day of June, 2006.
WIrnESS my hand and official seal
NOTARY PUBLIC
My commission expires:
STATE OF WYOMING
COUNTY OF LINCOLN
) 55.
)
)
The foregoing instrument was acknowledged to before me by TIMOTHY JEFFS on the ;;¿ r-
day
of June, 2006.
WI1NESS my hand and official seal.
~~ /).gada4
. TARY PUBLIC (
My commission expires: {2¿¿Fd ki ,';<00,6
Bowers & A.~.rocÎales rAW Office.v. PC
"(1M OffiCI! Bo.>: 1550
Afion, WY 8JII0
(307) ,r¡1I5.~266
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PnKI! 4 of 4
;' .JANICE K. EARHART NOTARY PUBLIC'
County of State of
Lincoln Wyoming
My Commission Expires August 13,2006
,
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