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Home My WebLink About876276351~1240042800 [. t.4,,...~ . 8-16 ? 5 ,, SItA~D WELL AGREEMENT ,.} ~: ~, [,,~ ~,,~' .... ...... ~'"'},~ ~7 :'~ ~ TI~ S~D ~LL AG~E~NT ("Agreement") is made as of the ~ day of ~~ ~ ~ , 2001 by and between James Patrick O'Bannon, Trustee of The Trust of James Patrick O'Banno~, Dated 28 September, 2000 ("O'Bannon') and Joseph W. BressleL ("Bressler"). The pa~ies recite and: agree as follows: ~ ~ , ~ ~ 'Z ~iOOK_~ ............ PR [ AGE_. ~ A. Bressler is the owner of ceaain real propeay ~own as Parcel A of the SW/4 of the SE/4 of Section 12, Towns~p 35 Noah, Range 119 West, Lincoln County, Wyoming, aka The No~h 450 feet of the SW/4 of the SE/4 of Section 12, Towns~p 35 Noah, Range 119 West, Lincoln County, Wyoming and hereinaier referred to as (the "Bressler Parcel"). ~- B. O'Bannon is the owner of ceaain real p~ope~y ~own as Parcel B in the SW/4, of the SE/4 of Section 12, Township 35 No~h, Range 119 West, Lincoln County, Wyoming, aka The South 843.35 feet of the SW/4 of the SE/4 of Section 12, Township 35 North, Range 119 West, Lincoln County, Wyomingand hereinaher referred to as ([he "O'Bannon Parcel"). The O'Bannon Parcel is located adjacent to the Bressler Parcel. C. A water well (Wyoming State Engineer File No. ) is located on the O'Bannon Parcel (the "Well"). The well currently'supplies water for domestic uses for the. O'Bannon Parcel, which is improved, and will supply water for domestic uses for the Bressler Parcelz w~ch is currently vacant, once the Bressler Parcel is improved. D. O'Bannon and Bressler each desire to set foah their rights and obligations with respect to the Well and the ~ture costs of operation, maintenance and repair of the Well. NOW, THEREFORE, for the valuable consideration, and in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: AGREEMENT 1. Water SuppJ~. The Well shall serve exclusively the domestic water needs of the owners and occupants of the Bressler Parcel and the O'Bannon Parcel. 2. Maintenance, Replacement and Repairs. A. In the event that maintenance repair, replacement, rebuilding, deepening or re-working of the Well or of the related well equipment becomes necessary, the owners of each parcel then actually being served by the Well shall share the expense thereof. B. Emergency expenditures may be made by the owner of any parcel actually being served by the Well without consulting the owner o£the other parcel then actually being served by the Well, but non-emergency expenditures shall be mad~ only by agreement of a majority of the owners of parcels then actually being served by the Well. If repairs of the Well become necessary by reason of damage caused by or on behalf of one or more owner(s) of parcel(s), then the costs and expenses for such repairs shall be borne by the owner or owners of such parcel(s). C. The owners of parcels served by the Well shall be responsible for installing and properly maintaining the water lines between the Well and the point(s) of use on their parcels. In the event that mainteniince, repair, replacement, or rebuilding of water lines between tlie Well and the Point(s) of use becomes necessary, the owner of the parcel served by the water line shall bear the entire expense thereof. Each party may also install a pressure tank or water storage tank on their parcel to improve the availability of water to theln provided that party's use of water complies with the provisions of paragraph 1 of this Agreement. D. In the event that the Well (or a successor well) is unable to produce an adequate water supply to meet the domestic water needs of the owners and occupants of the Bressler Parcel and the O'Bannon Parcel, the owners agree to drill a new shared well. The location of any such new shared well shall be agreed upon by the owners, and the expense thereof shall be shared by the owners of the parcels in the same percentage as maintenance, replacements and repairs, paragraph 2A, supra In the event that a new shared well is drilled, the owners of the subdivision tracts shall enter into a new shared will agreement on the same terms and conditions as contained herein. In the event the owners are unable to agree on the location of a new shared well, or whether a shared well or individual wells are more economical and/or more practical, the issues shall be arbitrated pursuant to provisions of paragraph 8 below. 3. Water, Electrical Metering. The Well is presently pumped by an electric motor. At the time that the Bressler Parcel commences to use the Well, Bressler shall cause their use of water from the Well to be separately metered and assessed as a part of separate electrical bill for them. 4. Easements. Because the Well is located on the O'Bannon Parcel, the O'Bannon Parcel shall be and hereby is subjected to an easement in favor 0fthe Bressler Parcel for installation, maintenance, inspection, repair, replacement, rebuilding, reaming, deepening, reworking and relocation of the Well and its appurtenant equipment (including underground water pipes.) This easement shall include the right of ingress and egress by the owner of the Bressler Parcel to and from the Well for the above-described purposes, including the right to use such 3 ( · 860 vei~icles and rigs as are commonly and reasonably used for the above-described purposes; provided, however, that promptly after the completion of any such installation, construction, use, maintenance and repair, the owner(s) shall restore the ground and reseed with natura] grasses any area. disturbed by the owner's(s) activities. The cost of such restoration shall be paid for by the owner(s) whose responsibility it is to pa3' for the installation, construction, use, maintenance and repair as set forth in paragraph 2 above. In the event a successor well is located on the O'Bannon Parcel, the same easements rights as aforesaid shall apply. In the event a Successor well is'located on another parcel, that parcel shall similarly be subjected to such an easement as described aforesaid. 5. Term. The term of this Agreement shall commence on the date hereof and shall continue thereafter perpetually as long as the Well or a successor well is able to produce a volume of water adequate to serve the reasonable and lawful domestic uses of each parcel. . 6. Termination. The owner of either parcel served by the Well or a successor well shall be entitled to terminate his or her obligation to maintain, operate, replace and repair' the Well and appurtenant equipment by abandoning, in writing, his or her claim to use of the Well or a successor well and water therefrom. Such abandonment by the owner of the parcel on which the Well or a successor well is located shall have no effect on the easements granted or to be granted ; under this Agreement so that the benefits of any existing of future well can be preserved to the parcel of the non-terminating owner. Amy such termination shall be executed with the necessary legal re, quirements for it to be filed of record in the records of Lincoln County and reciting 'a legally sufficient description of the property affected by the abandonment and it shall be so filed of record, at all expenses of the terminating owner. Regardless of any termination which takes place 4 pursuant to the provisions of this paragraph, the parcel of the terminating owner shall nevertheless remain subject not only to easement rights concerning an existing Well, but to a continuing obligation to allow the drilling of a successor well in the'event a successor well can not be established on the parcel of the non-terminating owner at approximately the same cost and effort. 7. .Default In the event a parcel owner fails to perform substantially any of the obligations provided for in this Agreement, that owner shall be in default. In that event, the non- defaulting owner may notify the defaulting owner in writing of the default and, if the default is not fully corrected with fifteen (15) days after the receipt of the notice, the non-defaulting owner may commence an arbitration to require the defaulting owner to perform his or her obligation hereunder. 8. Arbitration: Attorneys' Fees. A. ' Any dispute arising out of or based on this Agreement shall be settled an~t finally determined by arbitration conducted in Lincoln County, Wyoming in accordance with the Rules of the American Arbitration Association ("AAA") or its successors. B. The prevailing party in the arbitration shall be entitled to recover from the non-prevailing party its reasonable attorneys' fees, any gross receipts tax thereon, and legal costs and expenses incurred in connection with the arbitration (including the fees of the arbitrator and the AAA). 9. Entire Agreement: Amendment. This Agreement constitutes the entire agreement between the parties, is governed by the laws of the State of Wyoming, and may be amended only upon the written consent of the owners of both parcels. Any amendment shall be recorded in the records of Lincoln COunty and shall reference this Agreement. 10. Binding Effect: Assignment. This Agreement shall be recorded in the records of Lincoln County and shall be binding upon and inure to the' benefit of the parties hereto and 'all subsequent owners respectively of the Bressler Parcel and the O'Bannon Parcel, and the covenants herein shall be deemed to run with the title to the affected parcels. An assignment of this Agreement to the subsequem owners of the parcels shall arise automatically from such conveyallce. 11. Incorporation of Recitals. Each and every recite set forth on page 1 above is hereby incorporated into this Agreemem as though fully set forth herein. iN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first written above. The Trust of Jamet Patrick O'Ban,non Dated 28 september, 2000 (,_.~ames Patrick 0'Bannon, Trustee .... ' (Hereinabove referred to as "O'Bannon") ~h :ep~ ~. Bressler tereinabove referred to as "Bressler") ACKNOWLEDGMENT STATE OF WYOMING, ) COUNTY OF LINCOLN. ) The foregoing Shared Well Agreement was acknowledged before me this /? day of '~-~'i _, 2001 by james Patrick O'Bannon, Trustee of The Trust of Jmnes Patrick O'Bannon Dated 28 September, 2000. Notary Public MY Commission Expires: _ACKNOWLEDGMENT STATE OF WYOMING, ) ) SS. COUNTY OF LINCOLN. ) The foregoing Shared Well Agreement was acknowledged before me this [ ? day of _ ~--~ 2001' by Joseph W. Bressler. -' Notary Public My Commission Expires: