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RECEIVED 11/29/2006 at 12:23 PM
RECEIVING # 924867
BOOK: 641 PAGE: 612
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
000612
WELL AND WATER USE AGREEMENT
THIS AGREEMENT made thIS _ day of December, 2006, by and between
TAMARA CARLSTON, a single person, P.O. Box 96, Auburn, Wyoming 83111 ("Carlston"),
for herself and her heirs and assigns (hereafter "Carlston"), and THE BANK OF STAR
VALLEY, a Wyoming banking corporation, P.O. Box 8007, Afton, Wyoming 83110, for itself
and it successors and assigns (hereafter "BSV"), (hereafter collectively the "Parties").
WHEREAS, Carlston owns a tract of land in Lincoln County, Wyoming, said tract of
land bemg that described as Lot 6 of Hyde Park Subdivision, Lincoln County, Wyoming, as
described on the official plat thereof filed in the office of the Lincohl County Clerk (hereafter,
"the Carlston Property"); and
WHEREAS, BSV owns a tract of land that is adjacent to the Carlston Property, said tract
being that described as Lot 7 of Hyde Park Subdivision, Lincoln County, Wyoming, as described
on the official plat thereof filed in the office of the Lincoln COlU1ty Clerk (hereafter, the "BSV");
and
WHEREAS, a well and well pump and other equipment required for the operation of the
well (hereafter the "Well") exists on the Carlston Property at the common border between the
Carlston Property and the BSV Property; and
and
WHEREAS, the Parties have agreed to share the Well and the water provided therefrom;
WHEREAS, the Parties enter into this Agreement in order to set forth the terms and
conditIOns for shating the Well and providing water to both the Carlston Property and the BSV
Property.
NOW, THEREFORE, for and m consideration ofTen Dollars ($10.00) and other good
atld valuable consideration, including but not limited to the mutual promises contained herein,
the Parties, for themselves and their heirs or successors and assigns, hereby agree as follows:
1. Carlston hereby grants to BSV atl undIvided one-half interest in and to the Well
and the right to use of the Well and to the use of one-half of the water therefrom. Carlston
further grants to BSV and reserves unto Carlston the right to operate, inspect, maintain, repair,
and replace the Well.
WELL AND WATER USE AGREEMENT
CARLSTON I THE BANK OF STAR VALLEY
PAGE 1 OF
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00061.3
2. Although the Well is located at the common border between the Carlston Property
and the BSV Property, Carlston hereby grants to BSV an easement across that small portion of
the Carlston Property from the Well to the BSV Property, said easement being for the purposes
of inspecting, maintaining, repairing, operating, and replacmg an lUlderground water line from
the Well to the BSV Property; provided, that if, m the mspection, maintenance, repair, operation,
or replacement of the lUldergrolUld water line, the Carlston Property is damaged or disturbed in
any manner, BSV shall lUldertake reasonable restoration of the Carlston Property to the
approximate condition as it was prior to such damage or disturbance,
3. Prior to the time that BSV connects to or requires any use of the Well, Carlston
shall bear the obligation to:
a. maintain the Well in good operating condition;
b, pay all expenses of Well maintenance and repair; and
c. pay all ongoing expenses of operating the Well, includìng but not limited
to the expenses of electncity to facilitate the operation of the Well and well pwnp.
4. At such time that BSV COlmects to or requires any use of the Well, the PartIes
shall have a Joint obligation to:
a. maintain the Well in good operating condition so that it supplies potable
water in an amolUlt sufficient to serve both properties with reasonable pressure, and if
necessary, to mstall such additional equipment as is necessary to ensure such delivery of
water;
b. share equally in the costs of Well maintenance and repIDr; 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 operatíon of the Well.
5. In the event either party no longer requIres use of the Well and such party
disconnects service to the Well and provides the other party with written notice of such
tenTIÌnation of use, the remaining party shall be solely responsible for the maintenance, costs,
and operation of the Well as outlined above in Section 3 above.
6. Each party shall be responsible for the costs of maintaìning and repairing their
individual water lines ITom the Well to their respective points of use.
7. Each of the Parties shall not:
WELL AND WATER USE AGREEMENT
CARLSTON / THE BANK OF STAR VALLEY
PAGE 2 OF
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00061.4
a. resell or otherwise allow any third-paI1y 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.
8, If either paI1y fails to perfonn the tenus and conditions stated herem, the
aggneved party may take such legal action as may be necessary to enforce said tenns 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.
9. This Agreement including all tenus and conditions contained herein, shall be
bmding 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 Carlston Property and the BSV Property.
10. TIns Agreement shall be renewable for an additional twenty-five (25) years upon
the mutual, written and properly recorded agreement of the Parties.
11. The obligations for payments created herein shall, if not paid as required herein,
shall become liens upon the real property.
IN WITNESS WHEREOF, this Agreement has been executed on the day and year first
above wntten.
THE BANK OF STAR VALLEY
~C~t
TAMARA CARLSTON
BY:
¿~.r1d~
HtIDI ROBERTS
VICE PRESIDENT
WELL AND WATER USE AGREEMENT
CARLSTON I THE BANK OF STAR VALLEY
PAGE 3 OF
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000615'
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN ,)
/1/0 a/.
ACKNOWLEDGED before me this ~ day of, DCGcmbcr, 2006 by HEIDI
ROBERTS, who acknowledged further that she signed the foregoing instrument as Vice
President of The Bank of Star Valley, a Wyoming banking corporation, acting for and on behalf
of said Bank pursuant to authority provided to her by said Bank's Board of Directors.
WITNESS my hand and official seal.
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~PUBLIC
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;'LLLi:.:
My Commission expires: 10 -14-f)8
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
') Lt Nov.
ACKNOWLEDGED before me this ELL day Deeomber; 2006 by TAMARA
CARLSTON.
WITNESS my hand and official seal.
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/NOTARY PUBLIC
My Commission expires:
6-/4-(£
WELL AND WATER USE AGREEMENT
CARLSTON / THE BANK OF STAR VALLEY
PAGE 4 OF