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Home My WebLink About939465 {¡/153 "'~ knd]tle -C9mpany SINCE 1904 ~'Hf~ AGREEMENT made and entered into on this ;?(:ty orh¡g/ L 2008, atIimung a verbal agreement of long standing. The Parties to tI1.Ís agreement are: Edward W, Peterson and Karen Peterson, Trustees of the Peterson Misty Meadows Family Trust, Dated October 31, 1995, hereafter referred to as "Peterson" and Robert Kastner and Jackie Kastner, Husband and Wife, hereinafter referred to as "Kastner." C;íOv226 SHARED WELL AGREEMENT FOR VALUE (;JVEN, the receipt and value here acknowledged, the Parties do reinstate and establish in writing their lUlderstanding and agreement of sharing a watcr well. "'.-:0 'fhe Pal1ies aclcnowledge that on the part of Peterson's property, more commonly referred to us Lo12 inSection 10, Township 36 North, Range 119 West of the 6th P. M., Wyoming, under U W permit 34815, locates a domestic water well orÎginalJy fiJeu by Ed A. D. Ndson, No, I, with the State of Wyoming Engineer's omce in Cheyenne, Wyoming, The exact location of the said well being in the northwest l/uarter of the northeast quarter of the said section, township and range, is in the access road easement near the northerly bow1dury line and marked by the said weI1 casing and identilìed. It is also deiïned as being within one rod west of the said Kastner property, which is Lot 3, Section 10, Township 36 North, Range 119 West oEthe 6th p, M., Wyoming. There is presently an established water line traversing the access easement and running along the west line of the Peterson property to a south extension of the Kastner residenœ, There is also a water and utility line rlllll1ing 1Tom the well to the Peterson home, servicing that home in a easterly direction ÍÌ"om the well. The Parties acknowledge the following conditions as cunsiderations of this shared well agreement: A. The Parties' real property cannot be serviced feasibly by connecting to a public or conul1wlÌty water system. It is impractical and economically 110t feasible. It is much more economically practical and feasible to share the water well. The well is sufficient to provide domestic water fÖr each residence; B. The underground water well is permitted to provide 25 gallons of water per minute and has rW1 continuously in testing illld is suflïcient for both agreeing Parties; C. The water has been used by both Parties for several years, It has been reviewed, tested an,d inspected by the Public Health Department as domestic and culinary water f()r such uses and pLUposes as drinking; RECEIVED 6/3/2008 at 9:36 AM RECEIVING # 939465 BOOK: 696 PAGE: 226 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY I ;, l. ~ 000227 . D. The Parties to this agreement have service water lines in pJaœ to each dwellIng ~ld ha~e been .witho~t illteITupted service to the said properties and have each been servlJ]g theIr dwelJlIlgs without wiiste and with proper shut-off controls from this well; E. The electricity [or pumping water from the said water wdl extends lÌum a location near the Peterson residence and runs to the welJ from an independent meter. It is agreed to be shared for the operation and maintenance to both residences in equal portions; F. l11Ís agreement is bindi.ng upon both Par1ies, their successors and assigns. Jt is to be recorded in U1e Lincoln COWlty Public Records arId established to be shared by both properties; G. The Parties further agree that there will be no extension by either Party or agreement to other properties without the mutllal consent and formal execution of an agreement by the fee simple title holders to the appropriate lands of the Kastners and Peterson; H. The PW1ies 1ì.uther agree that euch Party shalJ consent to the permit of well water sampling and testing by responsible authorities at any time and at the request of' either or both Parties: l. Either Patty Il1uy request correctiv,e measures to be implemented if necessary. 2. Iftl]~:re is any defective quality of the water, both Parties shall participate in ~orrective measures ami costs; I. The Parties shall aSSlUIIe continuous water service to supply and continue supplying watcr to both Parties. The Parties agree to share any wsts in maintaining, upgrading, repairing and improving the said water system; J. Each Party shall prohibit well water usage to any other party without consent and the said water well usage is limited to domestic residential use and eXlr~rnely limited animal or stock drinking, for example, pets and horses; K. Each Party shall prohibit connections to any addjtionalliving units to this shared well system without the consent of all Parties, appropriate amendments to this agreement and compliance with all terms of this agreement; t ~ GOv228 L. The Parties agree that no Party shaH tolerate any interlerence with the working water lines ITorn the well to the n::sidenœs. Parties fUrther agree that they wjll not locate ur relocale any individual sewage system to be within lOO fÌ;;et of the shared well or the culinary lines; M. Tbe Parties shall not insta1llandscaping or ÍJnprovelnents that will impair the a¡;cess or use of the well ,md the distribution liœs to the residences; N. The only Party who may remove or ;eplace any preexisting site improvements necessary for the well wld its distribution lines, maintenance, replacement, improvements, which will be at the cost of the Party, is a person who is Party to this agreement; o. Either PaI1y or their official representatives may act in emergency situations in the absence of the other Parly. An emergency situation may be uefined as failure of any shared porlion of the system to deliver water upon demand; P. Both Parties agree that if certai.n amendments are needed and necessary to provide equitable treatm.ent of the shared well costs ÍÌ"om time to time, the Parties shall by joint agreement, amend this agre~m~nt. Parties agree that the consent of the other Party upun cost sharing, except in emergency situatiuns, and bel()f(~ actiuns are taken shall be agreed to; Q. The Parties agTce that sbou.ld there be any necessary replacement of the system to restore the original system performance, it sh,ùl be done in the most cost- eHective and least destructive way to the properties. The replacements and uther necessities and obligations of this shared well agreement shall cease at the residential foundation of each Party's home; R. The cost sharing shall speci lically include: I, Energy supply for tJ1t: well pump; 2. The maintenance, induding repairs, testing, inspectiun and disinlection; 3. System component replacements due to weill", obsolescence, erosIOn; 4. System improvements to increase the service to the occupants tmd lo restore the well yield or necessary system protection; ,I .. 00Ú229 . '" s', N~ Par~y shull be. responsible for lmilaterally il1l:urring shared well debt uf another Pm1y, exœpt tor correctIon or emergency situations, 'J'hose cosLs shall be equally shared; T, It is feyu¡red that each Party shall be responsible for Ùle Jallowing: 1. Prompt repair of any deLectable leak in their wakr service lines or plumbing systems; 2. Repair costs to eoo'eet sysLem damage caused by a resident or their guest aL tJ¡eir property; 3. Necessary repairs or replac¡;:ment oCthe service line t:onnct:ting the system to bis dwelling; , 4, Parties shaH share equally the repair cosls for system damages caused by persons other than themselves or a guest at their properly sharing this well; 5. Each ParLy shall assw'c t:lual sharing ufeusts for abandoning all or part of the shared system, so that contamination of grolUJd water ur uÙler hazc.u·ds will be avoided; G. '{'he Parties shall promptly puy for privileges ufthe system, operation, maintenance, replacement and improvement costs; U. Either Party may record this agreement or make it a pm1 of insured or guanmteed mortgages on [my propc11y served or provided by tllis agreement; V, The Parties shall provide fur binding urbil.ratiun or I.U1Y dispute or impasse between the Parties with regard to the system or Leons of this agreement. Binding arbitration shall be through the American Arbitration As:-¡ociation or similar body, or by a joint agreement initiating, at any time, by any Party to the agreement. Arbitration costs shall be shm'ed equl:IJIy by the Parties tu this agreement. DATED thi, ~day Of~008' as first ~ritlen above. Ârl__~ ~__ ROBERT KASTNER ~~ _-W__ - EDWAI ) W. PETERSON Trustee of the Peterson Misty Meadows Family Trust, Dated October 31, 1995, and Individually STATE OF WYOMING COUNTY OF' I,vtcol"'-.- ----: ~~ ~~-_.__._---_.._------ JACKIE KASTNER ~ Kbf£:~-- Trustee of the Peterson Misty Meadows Family Trust, Dated October 31, 1995 and IndividualJy -... ..............,....,.,-~ .....--.., - .......... ..;'~.~...,.~.... Ii. UTTER· NOTARY PUBUC ) ) ) State or W~ County of Teton My Commllllllon Expll'81111129/2011 The foregoing Shared Well agreement was acknowledged before me by Robcrt Kastner and Jackie Kastner on this _~ day of ____~'____, 2008 WrrNESS my hand and official seal. STATE OF WYOMING COUNTY OF 1J~LDI Y\. _ \~ ^-- \ ~_n__ Notary Public My Commission Expires: Lu{2-""I \ \ ) ) ) J....".......,~v............".""..........,........~.'Vt H. UTTER· NOTARY PUBUC - ""- ~ t I State of . Wyoming ( , County of l8ton My CommIssion Explrell 6/29/2011 The f()regoing Shared Well agreement was acknowledged before me by Edward W. Peterson and Karen Petcrson on this _3t1!.....' day of__\=--\~___, 2008 WITNESS my hand and official seal. ~0-,->~~---.---- Notary PubJil; My Commission Expires: lo -z..c:; 111 ú00230