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Home My WebLink About922778 ·_.,w·.............,.,..,'.·.'...,,·,·c·~ ...'-"-""~.,--. -_.-'..~.'..._-, ..:;......'~,~.......'-',,''',..a:~.: . .' .'. . .... .''¡"¡ 7'..· ~- ,~;. . _ . "'..... :'".'. '.... .', (' 60720 (04) G1C ., 000B65 COMMON WATER WELL USE AGREEMENT Entered into agreement this ~ ;... day of J¿/r~ , 2006 by and between JEFF G. ATWOOD, and SUSAN ATWOOD, db a WESTERN PRODUCTION & . PUMPING, INC., RETIREMENT TRUST, otherwise herein known as "GRANTORS" and Owners of that domestic, culinary Water Well, Known as EVANS WELL # 1, Permit No. U.W. 85122 situated within the SE~ SE~ SECTION 19, T37N, R1l8W LINCOLN COUNTY, WYOMING, and more particularly located at the Northwest comer on LOT #76, (formerly known as Lot 68), of the Leon Livingston Subdivision, at 101East Cottage Lane, Alpine, Lincoln County, Wyoming, AND, NICHOLAS J. SCHACHT and SHANNON M. WAIT, (both Single people), hereinafter known as "GRANTEES", and purchaser of Lot 76 formerly known as Lot 68, Leon Livingston Subdivision, AND; WHEREAS, "GRANTORS" and "GRANTEES", acknowledge the subject water well is intended for common use by and between the Grantors, and the Grantees, and that upon closing of the sale of Lot 76 (fka Lot 68), by Grantors, Western Production & Pumping, Inc., Retirement Trust, to Grantees, Nicholas J. Schacht and Shannon M. Watt; that the well shall become a "Common Water Well" for the common use and enjoyment of both parties and or their Assigns on a perpetual basis thereafter. 1. "GRANTOR" & "GRANTEES" Granting to each other, access (ingress & egress) in and across Lot #76 of the Leon Livingston Subdivision, including but not limited to the well pit, pump controls, pressure tank, and other components including extensions of water lines, and well casing and pump, all of which shall be known hereinafter as the "Water System" including transmission line across Lot #76 to the existing free standing hydrant located at the Northwest comer of Lot #77. Said Access shall be determined as Perpetual Easement, for a width of 20ft. Running along the Easterly and rear boundary line of Lot #76, to allow equipment access as may be necessary for repairs to the system. 2. "GRANTEE" herein accepts full responsibility for operational and maintenance costs of the "Water System" including transmission line and hydrant, for which "Grantees", Owners of Lot 76, shall have full use of, UNTIL such time as "Grantors" activate full use for Lot #77. 3. "GRANTORS", or the Owner of Lot #77 shall commence sharing equal expense of operation and maintenance of the "Water System", immediately upon activating regular or sustained use for a dwelling, or any other purpose that requires daily use of the water. 4 "GRANTORS" and "GRANTEES" Grant to each of the Lots 76 and Lot 77, a 50-50 Interest or ONE SHARE of a TOTAL OF TWO SHARES, of said Evans Well #1, UW Permit # 85122 and Granting right of way for access to well together with reciprocity of Easement. Further, that each shareholder i£limited to no more than ONE CONNECTION to the main line for use in One Domestic Family unit or dwelling. Continued. "' . RECEIVED 9/26/2006 at 10:35 AM RECEIVING # 922778 BOOK: 634 PAGE: 865 JEANNE WAGNER ..¡~.;¡'m-!;¡¡¡mnWmwj ,,_:,,:':':':-;'it;f'!:J I I~r.nl N r.n! INTY CLERK. KEMNfER-E'R, WY t¡l;mJf~iliili~l~;wiJ I_~: ;;: r~~i~:;:::: hn.;~t:".;'','.'..,'" . ..,."..",.... .",.~':.:_:;.~..~...,_, . "'..........~_._.... .. r .",.; !\;.;.)~:iJIf:~ -.,'."".,0; '\-··~.I.~~'·.·.~.:.-_r:'·' - ., '.! :,.,...,Ii.,:'~-."i:.,. ¡ . ."':,.....,.........~;.... 0922778 000B66 Page 2- Common Well Agreement- EVANS WELL #1, PERMIT # UW85122, Lot #76 & Lot #77 Leon Livingston Subdivision, Lincoln County, Wyoming. 5."GRANTORS" and "GRANTEES" or OWNERS of Lot #76 and Lot #77, jointly Agree to share equal expense of INTERNAL WELL repairs to electrical system, . replacement of pump, or other urgent or emergency issues of the well itself, including but not limited to drilling deeper, cleaning, testing for water quality, and or volume. Both parties shall agree on specific action to take and estimate of cost to be shared in any event of the foregoing. 6. COOPERATION BY LOT OWNERS: It is agreed the intent of this agreement is for the mutual beneficial use of the water well and Water System, to be equally shared between the two lots with a spirit of cooperation to maintain a viable source of culinary water, while not abusing the use of the same by over use or neglect. 7. The Owner of Lot 76 shall be deemed, "Well Manager" who shall oversee the operation of the well and ''water system" and pay all bills related to Operation and Maintenance until such time as Owner of Lot #77, activates beneficial use for a dwelling, and commence billing Owner of Lot #77 for their equal share of that expense. In the event of major well, pump or Internal Well system problems, the "Well Manager" shall notify owner of Lot #77 of such problem to resolve the matter together. 8. Pavment. Reimbursement: In the event any party affected by this Agreement for any reason fails to pay that party's share of cost, then the other party may make necessary payments to maintain continuous service and be promptly reimbursed by the non-paying party, with reimbursement to include interest at one and one halfpercent (1.5%) per month plus reasonable attorneys fees and other associated costs of collection. 9. Termination or Restriction of Use: In his or her, reasonable discretion, the Manager shall have the right to discontinue service for non-payment of operational and electrical expenses by any user, under the same rules and regulations that are used by local utility companies, municipalities, water districts, or other water companies. If the Managers' reasonable discretion determines that a user is making excessive and extraordinary use of water, the Manager shall have the right to disconnect service until the matter is resolved. 10. Recordation: This agreement shall be recorded in the office of the Lincoln County Clerk in Kemmerer, Wyoming. 11. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming. C()Iltinued.......... ·.. -¡:IJ:L:CI:C¡;¡;!.:.: "1 "- :", ,......-". .,-" ,+,~.:.:I't::",. , ," ,. ".,.;.;:.;<.:·'...::;:I;......,i-.',.,. U9~~776 000861' Page 3. Common Well Agreement, Evans Well #1, UW Permit 85122 Lots 76 & 76 Leon Livingston Subdivision, Lincon County, Wyoming. 12. Amendments: This Agreement may be changed or amended by an agreement in writing signed by both parties only. 13. Binding: Agreement to Heirs. Successors. and or Assigns: This Agreement shall binding to the heirs, successors and or Assigns of both parties, and the Well and Water System are deemed to go with the land, for specific assignment to Lot #76 and Lot #77 of the Leon Livingston Subdivision. 14. Attorney Fees: Both Parties agree herein, should they default in any of the covenants or agreements herein, the defaulting party shall pay all reasonable costs and expenses, including a reasonable attorney's fee, which may arise from enforcing the Agreement. 15. EFFECTVE DATE: This Agreement shall take effect immediately upon the successful closing of the pending sale between the "GRANTORS" and "GRANTEES" for the purchase of Lot 76 where Subject Water well and Water System are in place. Signed on this ~~ day of !; ~/r~ ð£~ , 2006 . twooä/1' ~ ~¡µ/ Iftt~~ & Susan Atwood, Trustees GRANTEE'S ee~~ Ni~~ Shannon M. Watt STATE OF WYOMING COUNTY OF -,T::roN The foregoing instrument was acknowledged before me this 7> day of S'~~ ~ 2006, by JeffG. Atwood, Susan Atwood, Nicholas J. Schact, and Shannon . Watt. WITNESS my hand and official seal. Þ----";). ~ Notary Public (Seal ) --">-~~~ KAREN T. WYUE . NOTARY PUBUG ~ ~ounty 01 ~ State ,of " '- ineoln V Wyoming ~ t,: '. -mmisslon Expires lðlqlJðt!)~ ~ 4~/,,",~~..::./.....r.; ..,¡...yo~·-7-. My commission expires: t () / q'2.ð0J ;:t.·....::!::::::;:;::' ; i-.~~SI'II.I,:¡: ~: ~