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ASSIGNMENT OF WATER WELL USE AGREEMENT
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SINCE 190t
FOR VALUE RECEIVED,
Western Production & Pumping Inc., Retirement Trust, JeffG. Atwood, Trustee and
Susan Atwood, Trustee hereby grants, assigns and transfers to
000191
Matthew R. Maloney, a married man as his sole and separate property, of 310 Sunny
Heights, Idaho Falls, ill 83404,
All beneficial interest under that certain Co~on Water Well Use Agreement dated the
22nd day of September, 2006 and recorded il1 th~ office of the Lincoln County Clerk,
Lincoln County, Wyoming on September26,,2006 in Book 634, Page 865, Inst #922778
regarding a Common Well Agreement, Evans Well #1, UW Permit 85122 for Lots 76 &
77 Leon Livingston Subdivision, Lincoln County, Wyoming. (See Attached Exhibit "A")
Dated this
3;
day of August, 2007.
WESTERN PRODUCTION & PUMPING INC., RETIREMENT TRUST, dated
February 1, 1985 and any amendments thereto
([..oj) -;:: --0"!k-~'Ô.~"t-ee ~iZ:w.../~
tk~.~~~1 ' Susan Atwood, Trustee
STATE OF WYOMING
COUNTY OF LINCOLN
On => I of August, 2007, before me, a notary public in and for the said county,
personally appeared Jeff G. Atwood, Trustee and Susan Atwood, Trustee the signers of
the within instrument, who duly acknowledged to me that they executed the same.
WITNESS MY HAND AND OFFICIAL SEAL.
RECEIVED 9/5/2007 at 9:27 AM
RECEIVING # 932792
BOOK: 671 PAGE: 191
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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Notary Public: Kar . WylIe
My Commission Expires: /o( 5:f'2-Q
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C~untv 01 ~ State of
Lincoln ~ Wyoming
My Commission Expires' -- -
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EXHIBIT "A"
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60720 (04)
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000865
COMMON WATER WELL USE AGREEMENT
Entered into agreement this ~ ~ day of J¿l'r~ , 2006 by and between
JEFF G. ATWOOD, and SUSAN ATWOOD, dba WESTERN PRODUCTION &
PUMPING, INC., RETIREMENT TRUST, otherwise herein known as "GRANTORS"
and Owners of that domestic, culinary Water Well, Known as EVANS WELL #1, Pennit
No. U.W. 85122 situated within the SE~ SE~ SECTION 19, T37N, R118W LINCOLN
COUNTY, WYOMING, and more particularly located at the Northwest comer on LOT
#76, (fonnerly known as Lot 68), of the Leon Livingston Subdivision, at 1 o lEast
Cottage Lane, Alpine, Lincoln County, Wyoming, AND, NICHOLAS J. SCHACHT
and SHANNON M. W A'IT, (both Single people), hereinafter known as "GRANTEES",
and purchaser of Lot 76 fonnerly 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 (flea 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. Rurming along the Easterly and rear boundary
line of Lot #76, to allow equipment access as maybe 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 ofa 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 iflimited 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
LINCOLN COUNTY CLERK. KEMMERER, WY
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U3;';:~77b
000867
ò00193
Page 3. Common Well Agreement, Evans Well #1, UW Pennit 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 ate 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 fi:om 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 ,{,1.., day of !J ~/r~ ð¿¡(
GRANTEE'S
~
Ni~æ:F
Sharmon M. Watt
,2006
e.~
. twooä~ ..-.-
e",uw-µ/ I ~
& Susan Atwood, Trustees
STATE OF WYOMING
COUNTY OF 7l'rtJN
The foregoing instrument was acknowledged before me this?)- day of S'~~ ~
2006, by JeffG. Atwood, Susan Atwood, Nicholas J. Schact, and Shannon . Watt.
WITNESS my hand and official seal.
~~-~
Notary Public
My commission expires: to / q'2ð0'1
(Seal )
"~~òTAAYPú~
Gounty of ~ State of '~
Uncoln . Wyoming ~
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