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Home My WebLink About937241 AFTER RECORDING PLEASE RETURN TO: BEARNSON & PECK, L.C. 74 WEST 100 NORTH LOGAN UT 84321 RECEIVED 2/28/2008 at 1 :43 PM RECEIVING # 937241 BOOK: 688 PAGE: 160 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0001.60 COMMON WELL AGREEMENT THIS COMMON WELL AGREEMENT ("Agreement") is entered into as ofthe?S~ay 4 of February, 2008, by and between W. BLAIR SUMMERS and LINDA H. SUMMERS (collectively referred to herein as the "Summers") and BRICE CHECKETTS and MARLENE CHECKETTS (collectively referred to herein as the "Checketts"). /j 1 ii' RECITALS \ r A. The Summers own certain undeveloped real property that is located in Lincoln County, Wyoming, more particularly described on the attached Exhibit "A" (the "Summers Parcel"); B. The Checketts own certain developed real property that is located in Lincoln County, Wyoming, being more particularly described on the attached Exhibit "B" (the "Checketts Parcel"); C. There is a functioning well located on the Summers Parcel (the "Common Well") from which the Checketts have installed a pipeline to bring water from the Common Well to the Checketts Parcel; and D. The Summers and the Checketts (collectively referred to herein as the "Parties") desire to set forth the duties and responsibilities that each has with regard to the use and maintenance of the Commo)1 Well. AGREEMENT NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties hereto, the parties agree as follows: 1. Utility Easement. The Summers hereby grant to the Checketts, their successors, transferees and assigns, an easement and privilege of right-of-way over and across the Summers Parcel and in favor of the Checketts Parcel for the purpose of maintaining, repairing, improving, modifying and otherwise securing the currently existing pipeline (the "Easement Improvements"), that is buried and used to copvey water from the Common Well to the Checketts Parcel (the "Easement"). The Easement shall be limited to the minimum width 1 AFTER RECORDING PLEASE RETURN TO: 10(:;'-.4 BEARNSON & PECK, L.c. 74 WEST 100 NORTH LOGAN UT 8432] necessary to maintain and repair the Easement Improvements where those Easement Improvements are currently located on the Summers Parcel. 2. Maintenance Obligations. Up to and until the time when the Summers have constructed a dwelling on the Summers Parcel, the Checketts will be solely responsible for all of the maintenance on the following: the Easement; the Easement Improvements; the pump, with its related electrical controls, that is servicing the Common Well (the "Common Well Pump"); and the cost of all electricity used by the Common Well Pump. For the purposes of this Agreement, maintenance shall be deemed to include, but not be limited to, all maintenance, repairs, cleaning, replacement, or improvements to the Easement, the Easement Improvements and the Common Well Pump. Once a dwelling is constructed on the Summers Parcel, the Parties will reallocate the obligation to maintain the Common Well Pump and pay for the electricity used by the Common Well Pump based upon their respective usage; however, the Checketts will remain solely responsible for the maintenance and repair of the Easement and the Easement Improvements. 3. Workmanlike Manner. All necessary repairs and maintenance of the Easement, the Easement Improvements, and the Common Well Pump shall be made as quickly as possible and shall be done in a workmanlike manner with as little disturbance as possible to the Summers Parcel. 4. Restoration of Summers Parcel. If at any time the Checketts, or their successors or assigns, cause any damage or disturbance to the Summers Parcel while maintaining or repairing the Easement, the Easement Improvements, or the Common Well Pump, the Checketts will immediately restore and repair the Summers Parcel, and any improvements thereon, to such a state as existed prior to the damage. For purposes of Paragraph 4, this obligation shall extend to any dwellings, fencing, accessory buildings, and landscaping that now or at any time exist on the Summers Parcel. 5. Approval of Repairs to the Common Well PumP. Prior to performing any maintenance, repairs or replacements to the Common Well Pump, the Checketts will first notify and obtain the approval of the Summers. 6. Right to Relocate Location of Easement. If at any time the Summers desire to relocate the location of the Easement to accommodate the use of the Summers Parcel, the Summers will have the right to relocate the Easement and move the Easement Improvements provided that the Summers will be responsible for the direct costs of moving the Easement Improvements on the Summers Parcel. 7, Power Supply to Common Well Pump. The Checketts agree that the current power supply that runs from the Checketts Parcel to the Common Well Pump will be left on at all times so as to not prevent the operation of the Common Well Pump. 2 AFTER RECORDING PLEASE RETURN TO: BEARNSON & PECK, L.C. 74 WEST 100 NORTH LOGAN UT 84321 lbeJ-f3 8. Benefit and Bindin~ Effect. The easement, right-of-way, covenants and restrictions contained in this Agreement shall run with and bind both the Summers Parcel and the Checketts Parcel and be binding upon the parties, their successors in interest and all parties having or acquiring any right, title or interest in or to any part of the Summers Parcel or the Checketts Parcel or in any property having ownership interest in or right to use of the easement granted hereunder. Any conveyance of the easement right shall also carry all the duties and obligations specified in this Agreement. Each party hereto shall be personally obligated and liable for performing its responsibilities and duties hereunder. Conveyance of title to either the Summers Parcel or the Checketts Parcel shall not affect the Summers' or the Checketts' accrued liability. 9. Attorney's Fees. In the event that any party hereto shall be in default or breach of this Agreement, said party shall be liable to pay all reasonable attorney's fees, court costs and other related collection costs and expenses incurred by the non-defaulting or non-breaching party in prosecuting its rights hereunder. 10. Further Instruments. The parties hereto agree that they will execute any and all other documents or legal instruments that may be necessary or required to carry out and effectuate all of the provisions hereof. 11. Waiver. A waiver by any party of any provision hereof, whether in writing or by course of conduct or otheTI\('ise, shall be valid only in the instance for which it is given, and shall not be deemed a continuing waiver of said provision, nor shall it be construed as a waiver of any other provision hereof. 12. Paragraph Headings. The paragraph headings of this Agreement are inserted only for convenience and in no way define, limit or describe the scope or intent of this Agreement nor affect its terms and provisions. 13. Access by Checketts. Any access to the Easement by any third party or entity shall require the writtep consent of Summers, or its successors or assigns, in each instance. The Checketts, or their successors or assigns, may not grant access to the Easement or allow any third party to hook onto the. Easement Improvements or access the Common Well or water from the Common Well without the written consent of the Summers. 14. Governing Law. This Agreement, and all matters relating hereto, including any matter or dispute arising out of the Agreement, shall be interpreted, governed, and enforced according to the laws of the State of Wyoming, and the parties hereto consent to the jurisdiction of any appropriate court in the State of Wyoming to resolve such disputes. 15. Amendments. This Agreement may be amended at any time upon unanimous agreement of the parties hereto, which amendment(s) must be reduced to writing and signed by all parties in order to become effective. 3 AFTER RECORDING PLEASE RETURN TO: IbO-C BEARNSON & PECK, LoC. 74 WEST 100 NORTH LOGAN UT 84321 16. Severability. In the event that any provision of this Agreement, or any operation contemplated hereunder, is found by a court of competent jurisdiction to be inconsistent with or contrary to any law, ordinance, or regulation, the latter shall be deemed to control and the Agreement shall be regarded as modified accordingly and, in any event, the remainder of this Agreement shall continue in full force and effect. 17. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, personal representatives, successors and assigns. 18. Incorporation of Recitals and Exhibits. The above recitals and all exhibits attached hereto are incorporated herein by this reference and expressly made a part of this Agreement. [INTENTIONALLY LEFT BLANK; SIGNATURE PAGE TO FOLLOW] 4 AFTER RECORDING PLEASE RETURN TO: 160-D BEARNSON & PECK, L.C. 74 WEST 100 NORTH LOGAN UT 84321 IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above written. SUMMERS W ø.4.Ú L-4#~ W. Blair Summers CHECKETTS ~ ¡Je~tts ~)fI'~-r~ Linda H. Summers ~ STATE OF UTAH ) : ss. within instrument, who duly "~:.~¡. ~<ú-. : ss. County of Cache ) On the £ day of February, 2008, CHECKETTS and MARLENE CHECKETTS, t acknowledged to me that they executed the e. personally peared before me BRICE the within instrument, who duly QU~'*"-':;o.__~_<\,';:oT.III,f.:.il' , N01ìUl Y PUBLIC DANIEL K. WATKINS· My Commission Expires 05-08·2011 74 West 100 North Logan, Utah 84321 TA 'E 'F TAH 5 AFTER RECORDING PLEASE RETURN TO: I t.:.7 V - .- BEARNSON & PECK, L.c. 74 WEST 100 NORTH LOGAN UT 84321 (lxJ-S EXHIBIT "A" SUMMERS PARCEL Lots 85,86,99, and 100 of Prater Canyon Estates, Unit No.1, Lincoln County, Wyoming, as described on the official plat thereof. ) ,I 6 AFTER RECORDING PLEASE RETURN TO: / 60 -I:::; BEARNSON & PECK, L.C. 74 WEST 100 NORTH LOGAN UT 84321 EXHIBIT "B" CHECKETTS PARCEL Lots 81 and 82 of Prater Canyon Estates, Unit No.1, Lincoln County, Wyoming, as described on the official plat thereof. 7