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HomeMy WebLinkAbout920053 _"I:.;.;,;,:.;,:,;,;,;,:,;":,;,,;,,, ','-.':',,~.:"_'.' ":'':!:''.' , ¡:':';':';':fiI¡'~';'''''/ " - T'';' -',:S;-('~.!/::¥i-_~';'." '(; -' /; 'r';'I';¡'~'- ,,- 'i;!, --'... ';'~~.'\'.:~.:" ,~¡-. ',' , :;;·;';':%1;','0' OS/28/2005 15:09 ~(Pf tOt£) ." 3078850541 BOWERS LAW OFFICE PC PAGE 02 008.1.2 J.......-. 1 { (._e 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.~ _ :::~::::I';:::::::;;:~ ¡¡ ¡~t¡.,,;:I .¡.I ·0 ~Ij1~~m]m~ . ','-i:'4J-u.."'U!4r.i!UU.~~.·.·-t?Zi"¡¡·;-'T'>:<''!o:J¡.~...-:I,.....~~·-,~:;':-'¡'':i"·;:;':'.':¡"..._ Ò¡:. .:~.. . ",;. . . .' -~.. ,~--.,:~~.,'~.'" ". ..,....."......_....._.!4....4,. . ." ,.,...._:.:'{:1';,¡:"'~-!.,."'~.:,;~..~:'.~~~i!...&;M"..(~'...,._:.".,::'."-'~ ." ,,·..,·:~¡:.::t:I:'';'::·,J~i,:'~'''····' . :: "":' '(-_;"_;¡'~i!il.z.'.'..:.'.' , 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 {'nCt? 1 of 4 ø=;r,o;, '.. '¡'¡ I¡'. ., < !};;~illi;:~~:::f: ;:~;]mmlli~mi~ '~¡."'..;'~¡-".-.-.-.-. .......::..:.... --. ._"'--'~'-.' .-- ".', .·.·.·4-...,.:4·..·.··, ",._,,,:t.:.,:,"'. :'. . ._~, .' ,....:.,. ';'.-' 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 ....~~·,·-:::~~~:..:::~t>í"-~~t~"<II~..~.~_~_. PnKI! 4 of 4 ;' .JANICE K. EARHART NOTARY PUBLIC' County of State of Lincoln Wyoming My Commission Expires August 13,2006 , /