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HomeMy WebLinkAbout934632 .'. SHARED WELL WATER AGREEMENT 000822 This Agreement, made and entered into on nöhb& yt, 2007 by and between Alpine Village Properties, LLC (the "Supplying Party"), and Jack Schulte Revocable Trust dated April 16, 1986 (the "Supplied Party") who together agree as follows. 1. Recitals. The parties make the following declarations: Ii' w :i! ffi a. ('\ :i! CD ('\ 0::: :E ;,NcowW ~~LÜz~ <'O~(!)(!)~ gØ)~~ffi N w...J ìO'*!: zU ;:::(!) z>- ~z US!- c~~-,5 ww 0 ~u~ U wWo Z 00:::0 ...J W CD 0 c:: ~ :J ~ a. The Supplying Party is now the owner of property known as Lot 96 ("Parcel 1 "), located in the County of Lincoln, State of Wyoming, which property is more fully described as follows: Lot 96, Alpine Village Subdivision No.1 Plat 2 Amended - 12th filing recorded on July 11, 2007 at Document Number 931149 in the office of the Clerk, Lincoln County, Wyoming. b. The Supplied Party is the owner of Lot 95 ("Parcel 2"), located in the County of Lincoln, State of Wyoming, which property is more fully described as follows: Lot 95, Alpine Village Subdivision No.1 Plat 2 Amended - 12th filing recorded on July 11, 2007 at Document Number 931149 in the office of the Clerk, Lincoln County, Wyoming. c. The undersigned parties deem it necessary to provide a well system to service the parcels described herein, and an Agreement has been reached relative to supplying water from the well and the cost of supplying said water; d. There is located a well upon Parcel 1, together with water distribution facilities, hereinafter referred to as "water distribution system", for the purpose of supplying water to all properties connected to the said water distribution system; e. It is the intention and purpose of the undersigned parties that the well and water distribution system shall be used and operated to provide an adequate supply of water for each of the properties connected thereto, for the domestic consumption of the occupants of said properties, and to assure the continuous and satisfactory operation and maintenance of the well and water distribution system for the benefit of the present and future owners, their heirs, successors and assigns of the properties connected thereto; f. The said well is deemed by the parties hereto to be of adequate capacity to supply a single family dwelling on each of the 1 F:\Files\JRBFILES\JRB-1272 Alpine Village Properties\JRB-1272-6 Sale of Lot 84 (to J.Schulte)\SHARED WELL WATER AGREEMENT.doc parqels described herein with water from the well for all domestic uses of a single family residing therein; 000823 g. The Supplied Party, will not finance or guarantee mortgage loans covering the separate properties and improvements thereon unless proper assurance is given by the parties as demonstrated by execution of this Agreement, that the water distribution system will have a continuous and satisfactory operation in accordance with the terms of this Agreement; h. The water from the well has undergone a water quality analysis from the State of Wyoming health authority and has been determined by the authority to supply safe and potable water; i. The parties hereto desire to enter into this Agreement for the purpose of reducing to writing their respective rights and obligations pertaining to said well and water distribution system. j. In consideration of the promises and covenants herein contained, it is agreed that the well and water distribution system situated on Parcel 1 shall be used by the parties to this Agreement, as well as by all future owners and occupants of said parcels, upon the following terms and conditions: 2. That until this Agreement is terminated, as hereinafter provided, the parties hereto, their heirs, successors and assigns, for the exclusive benefit of the respective parcels of real estate, and for the exclusive use of the household residing thereon, are hereby granted the right in common with the other parties to this Agreement, to draw water from the well located on Parcel 1 for quotidian domestic use excluding the right to draw water to fill swimming pools of any type. 3. That the owners or residents of the dwellings located on Parcel 2, as of the date of this Agreement shall: a. Payor cause to be paid to the Supplying Party, an annual fee for this use of the well and water distribution system; b. Payor cause to be paid promptly, a proportionate share of all expenses for the operation and maintenance of the well and water distribution system that may become necessary. Each respective share shall be determined by dividing the amount of each expense by two, it being understood that the Supplying Party and the Supplied Party shall pay an amount equal to one half of the total of such necessary repair or replacement. Shared expenses include the cost of electricity 2 F:\FilesIJRBFILESIJRB-1272 Alpine Village PropertiesIJRB-1272-6 Sale of Lot 84 (to J.Schulte)\SHARED WELL WATER AGREEMENT.doc for pumping, repairs and maintenance on said well and water distribution system. 000824 4. That the cost of any removal or replacement of pre-existing site improvements on an individual parcel necessary for system operation, maintenance, replacement, improvements, inspection or testing, damaged as a result of repair of the well or water distribution system maintenance will be borne by the owner of the affected parcel, except that costs to remove and replace common boundary fencing or walls damaged as a result of repair shall be shared equally between or among the parties so damaged. 5. That each of the parties hereby agrees that they will promptly repair, maintain and replace all water pipes or mains serving their respective dwellings. 6. That the consent of all parties to pay a proportionate share of costs shall be obtained prior to embarking upon expenditures for system maintenance, replacement or improvement, except in emergency situations. An arbitrator shall be chosen by the parties; shall be consulted in the event the parties cannot agree regarding the said expenditures; and the arbitrator's decision shall.be definitive. 7. That the Supplied Party shall pay to the Supplying Party his proportionate share for the cost of energy for the operation of the pumping equipment. This cost shall be determined by a separate meter upon each dwelling and for each parcel. 8. That it is the agreement of the parties hereto that the payment for energy cost shall be made not later than the 5th day of each succeeding month during the term of this Agreement. In the event that any such payment remains unpaid for a period of 20 days, the Supplying Party may terminate the supply of water to the Supplied Party until all arrearages in payment are received by the Supplying Party. 9. That it is the agreement of the parties that they shall permit a third party to cure a default of payment or other obligation and shall permit water distribution service to be reinstated upon such curative action. 10. That each of the parties to this Agreement does hereby grant to the other, his heirs, successors and assigns, such easements over, across and through the respective parcels as shall be reasonably necessary for the construction of the well, maintenance of water pipes, pumping equipment, mains, electrical wiring and conduit consistent with the purposes of this Agreement. 11. That no party may install landscaping or improvements that will impair the use of said easements. 3 F:\FllesIJRBFILESIJRB-1272 Alpine Village PropertlesIJRB-1272-6 Sale of Lot 84 (to J.Schulle)\SHARED WELL WATER AGREEMENT.doc 12. That each party shall have the right tö act to correct an emergency situation and shall have access to the pertinent parcel in the absence of the other. An emergency situation shall be defined as the failure of any shared portion of the system to deliver water upon demand. 000825 13. That only those parcels of real estate hereinabove described and the dwellings located thereon shall be permitted to receive water from said well and pumping equipment; and each of the parties hereto does hereby covenant and agree that he/she will not allow or permit other persons, other than household guests, to take, draw, use or receive water from the well, nor permit other person to connect to the pipes or mains serving his/her respective parcel. 14. That in the event the referenced well shall become contaminated and shall no longer supply water suitable for domestic consumption, or shall no longer supply water adequate for the needs of all relevant parties, or in the event that another source of water shall become available to the respective parcels, then the rights and obligations of the parties created by this Agreement shall cease and terminate in accordance with the terms and conditions hereinafter described. 15. That upon the availability of such other source of water, it is contemplated that a reasonable time shall be allowed to effectuate the necessary connections to the new source. 16. That the respective rights and obligations of the parties shall continue until the parties who wish to terminate their participation in the Well Agreement have executed and filed a written statement of termination at the Office of the Register of Deeds of the County of Lincoln, State of Wyoming. Upon termination of participation in this Agreement, the owner and occupant of each residence which is terminated from the Agreement shall have no further right to the use of the well. The terminated parties shall disconnect their respective lateral connection from said well system and shall have no further obligation to payor collect for maintenance and related expenses incurred thereafter. The costs of disconnection from the well and water system shall be borne by the owner of the pertinent parcel. 17. That the undersigned parties shall permit periodic well water sampling and testing by a responsible authority at the request of an undersigned party, or its mortgagee, if any. 18. That the said well and this Agreement, if amended, shall serve no more than four single family dwelling units or four parcels, notwithstanding the ability of the parties to make other amendments to this Agreement. 19. That the parties may amend this Agreement to assure equitable distribution of shared costs and responsibilities; however, this Agreement may 4 F:\RlesIJRBFILESIJRB-1272 Alpine Village PropertiesIJRB-1272-6 Sale of Lot 84 (to J.Schulte)\SHARED WELL WATER AGREEMENT.doc not be amended during the term of a Federally - insured (direct) or guaranteed mortgage on any property served, except as provided herein, for the purpose of adding to the prescribed number of parties. 000826 20. That the term of this Agreement shall be perpetual, except as herein limited. 21. That the benefits and burdens of this Agreement shall constitute a covenant running with the parcels of land herein described and shall be binding upon the heirs, successors in title and assigns of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date herein first above written. By: James R. Bullis, Secretary STATE OF NORTH DAKOTA ) )ss. COUNTY OF CASS ) The foregoing instrument was acknowledged before me on oQ;t-~r r-L.{ , 2007, by James R. Bullis, the Secretary of Alpine Village Properties, LLC, a Wyoming limited liability company, on behalf of the limited liability company. (SEAL) , TERESA KUZNIA Notary Public State of North Dakota My C\.. Tlmission Expires Sept.. 24,2010 5 F:\FilesIJRBFILESIJRB-1272 Alpine Village PropertiesIJRB-1272-6 Sale of Lot 84 (to J.Schulte)\SHARED WELL WATER AGREEMENT.doc 000827 COUNIY OF UNCOLN MY COMM. EX!! 711/2011 LISA SPAULDING - NOTARY PUBUC STATE OF WYOMING Jack Schulte Revocable Trust dated April 16, 1986 ·7 '/ /- JûJf,-'-)~ By: Jack Schulte, Trustee 1~·1«- STATE OF WYOMING ) )ss. ) COUNTY OF LINCOLN The foregoing instrument was acknowledged before me on C0c-\~{l ~ , 2007, by Jack Schulte, the Trustee of the Jack Schulte Revocable Trust Dated April 16, 1"986, on behalf of the trust. (¡:i 2" JS (SEAL) LISA SPAULDING - NOTARY PUBLIC . STATE OF COUNIY OF WYOMING LINCOLN MY COMM, EX!! 7/1/2011 ~:~~~µ\~~~ No ary Public 6 F:\FllesIJRBFILESIJRB-1272 Alpine Village PropertiesIJRB-1272-6 Sale of Lot 84 (to J.Schulte)\SHARED WELL WATER AGREEMENT.doc