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Home My WebLink About921714 · bOW"\ 000538 ,1m 01 WATER WELL AND EASEMENT AGREEMENT q This Agreement is made as of this 5 day of May 2006, between David and Trinidad Bachmann, husband & wife (collectively "Bachmann") of Alpine, Wyoming and Peter Edington & Bobbi Rockefeller, husband & wife (collectively "Edington/Rockefeller") of Alpine, Wyoming. Recitals It is the intent of the parties that the well located on that certain parcel of land described below as the Edington/Rockefeller property, which is subject to State of Wyoming Permit #149414, and known as the "Janus Homes #1 Well", a copy of which is attached hereto as Exhibit "C", be and remain a common well, to be used and shared by the parties to this agreement for the purpose of providing water for residential use on the adjacent parcels of land currently occupied by Bachmann as identified in Exhibit "B" (the Bachmann property") and Edington/Rockefeller as identified in Exhibit "A" (the "Edington/Rockefeller property"). The parties to this agreement, in consideration of the conveyance of the right of occupancy of the parcel of land described in Exhibit "B" from Edington/Rockefeller to Bachmann, other good and valuable consideration, and the mutual covenants and stipulations set forth below, agree as follows: 1. Well and pump location. The water well and the water lines shall remain in their current location, until such time as this agreement is terminated or the parties mutually agree to relocate the well. The pump associated with the well, shall remain at the current location until such time as this agreement is terminated or the parties mutually agree to relocate the pump. The location of the well is SW Y4 SE Y4 of Sec. 19 T. 37 N R 118 Lincoln County Wyoming, Lot 50 Leon Livingston Subdivision, as described on Exhibit "A" attached hereto. 2. Repair, Maintenance and Replacement. All costs or repair, maintenance and replace of the well, pump, and any associated parts, supplies or water lines shall be allocated fifty percent (50%) to the Bachmann property and fifty (50%) to the Edington/Rockefeller property, provided, however, that each party shall be solely responsible for all parts of the water system (e.g., water lines and pipes) which run from the well to the respective dwellings of each of the parties and are used exclusively to serve the respective parties. The parties shall consent to the cost sharing, except in an emergency situation, prior to taking any action for system maintenance, replacement or improveme'nt. Any necessary replacement or I improvement of a system element (s) shall restore the system to its original system performance. Each party shall be responsible for: ' A. Prompt repair of any detected leak in his water service line. B. Repair costs to correct water system damage caused by a resident or guest at his property; and C. Any repair or replacement that is necessary of the service line connecting the system to his dwelling. The parties shall be responsible for the repair costs for system damage caused by persons other than a resident or guest at a property sharing the well. '/ ~ ~ 'mB"~~ \~'"'''' U\, ~ìii:·"'ì¡¡¡:!:::.·....'.!~ ~' \, ',', . ,,,,.'.,.ð 1. \. ~r RECEIVED 8/25/2006 at 11 :32 AM RECEIVING # 921714 BOOK: 631 PAGE: 538 JEANNE WAGNER R¡~j¡~~i'LN COUNTY CLERK, KEMMERER, J:;t¡W:;~_*;ili_i;:'U, .-__ ___~"_. - '..__.__.~-"_.I"'-.. ~·(~~¡¡i1¡~~¡i¡¡i¡r: : I I I O~~}21.71.:& . I . I , .~ / ~ 1'>' ~~~ -\< 000539 The parties shall share the costs for abandoning all or part of the shared well system so that contamination of ground water or other hazards will be avoided. The parties agree that they will promptly pay the system operation, maintenance, replacement or improvement costs. 3. Utilities. All utilities, including electricity, shall be allocated and paid as follows: fifty percent (50%) to the Rockefeller/Edington and fifty percent (50%) to the Bachmann property. As long as there is no separate electrical meter measuring the amount of electricity required to operate the well and related water system, the amount of utilities expense attributable to the well and its system shall be based upon an annual estimate of use of such system as may be provided by Lower Valley Power & Light or any successor utility company. 4. Reciprocal Easements. The parties shall have reasonable and necessary access upon the Rockefeller/Edington property and the Bachmann property in order to make necessary improvement, inspection, testing, repairs, maintenance and replacement of the water well and associated water lines, pressure tank, pump and other components of the system and all incidental purposes related to such repair, maintenance and replacement. No party hereto may install any landscaping or improvements that will impair the use of the aforesaid easement. Removal and replacement of pre-existing improvements, as necessary to effect operation, maintenance, replacement, improvement, inspection or testing of the water system, will be at the cost of the owner party; provided, that in the case of common fencing or walls, cost of removal or replacement will be shared equally by the owner parties. 5. Testing. Any party may have the well water tested by a responsible local authority at any time at the request of that party. Corrective measures may be implemented, if such testing reveals a significant water quality deficiency, with the consent of both parties. The testing and remedial work expense shall be apportioned as provided in paragraph 2 hereof. 6. Termination of Agreement and Default. This agreement shall remain in effect until such time as the parties mutually agree in writing to termination hereof. This agreement will be terminated if the owner of the property described in Exhibit "B" has no further need for the shared well system. Otherwise, unless the agreement is terminated in writing, the parties shall have continuity of water service to the respective properties. In the event of default by a party to this agreement, the prevailing party shall be entitled to its attorneys fees and costs incurred to enforce this agreement. 7. Appurtenant to property. This agreement shall be deemed and construed to be an agreement running with the Rockefeller/Edington property and the Bachmann property and appurtenant to such real property and shall be deemed to be perpetual for so long as it is used by the parties for the foregoing purposes. 8. Usage/Expansion. This agreement prohibits well water usage by any party for any other uses than bona fide domestic purposes as set forth herein. No additional living units may be added to the shared well system without the consent of all parties and appropriate amendment of this agreement. ~"."'-... ~...- ......- . . . , 0("'..1 . ~ 11'::,..-· t:. 'l...J~~ .: ~ .... OOos·,ªo 9. Replacement of well. If at any time it shall become necessary to replace the existing well on the property due to failure of the well from any cause, then this agreement shall terminate and each of the parties shall be required to provide their respective water well systems and lines without encroaching on the property of the other. Bachmann, and their successors and assigns of an interest: in the property described in Exhibit "B", shall use all reasonable good faith best efforts to develop a replacement well on the Bachmann parcel and accordingly to terminate this joint agreement within ten (10) years of the date hereof. 10. Sewage Disposal System. No party hereto may locate or relocate any element of an individual sewage disposal system within 50 feet (100 feet for proposed construction) of the shared well system. 11. Emergency repairs. All parties have the right to act to correct any emergency situation in the absence of the other party. An emergency situation shall be defined as failure of ay shared portion of the system to deliver water upon demand. Emergency situation correction costs shall be shared by the parties. No party shall be responsible for unilaterally incurred shared well debts of another party, except for the correction of an emergency situation. 12. Arbitration. If the parties reach an impasse or have a dispute on any of the terms or conditions of this agreement or with respect to the shared water system such impasse or dispute shall be submitted to arbitration through the American Arbitration Association or a similar body and may be initiated at any time by any party to this agreement. All arbitration costs shall be equally shared by the parties to this agreement. 13. Entire Agreement. This agreement contains the entire agreement between the parties, and no statements, promises and inducements made by either party or agent of either party that are not contained in this written agreement shall be invalid and non-binding. 14. Survival. This agreement shall insure to the benefit and be binding upon the parties, their successors in interest. In Witness Whereof, the parties have executed this agreement at Alpine Wyoming, the day an\:~.r~~ written. '~~ ~.2¿-oL David!f9;¿ ini d achmann Peter Edin ton ~R:~-<,,¿ø/ < Bobbi Roc e 1 r - mjfi¡I¡~¡~~~IUi 6-7./2.,-- 0 ~ ~ -¿¿-{/b --...........-.-..-." 00")1 ~~¡": ;'1', ~, J''''':' _.~ " ¿" -;;.. STATE OF W ~v fV\l~ COUNTY OF íf1,J ) )ss. ) :~~~r¡;~;¡~F~ .. ...~,. ..... '.' -, 000541 The foregoing instrument was acknowledged before me by David Bachmann, Ma. Trinidad Bachman and Peter Edington and Bobbi Rockefeller this :J. In Ó- day of 3 ",-f'--L- 2006. Witness my hand and official seal. My commission Expires: &'--/~-O~ '" /!J~~¡£ //Lj/d- Notar ublic KELLEY-ANN TETRAULT· NOTARY PUBUO County of ~ State of Teton 'fill Wyoming My Commlssfon ExplreaAugust 18, 2008