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HomeMy WebLinkAbout940291 COMMON WELL AGREEMENT 0001.91. and of day of 1/~!y . 200( Clud' (/ðn/C!e /J1, 4/fmCt)1 . RECITALS The parties own the following described real properties in Lincoln County, Wyoming, Section / <1 , TownshiP'-..3'¡ A/ North, Range /1 ç West, 6th P.M. 1. 2. 3. A conunon well is located on the property owned by J¿ï J11 e;/ i-- cIa }1 ;<£ e 41/¡¿, 01:1 and the parties have water lines from that well to their respective properties. 4. The parties desire to reduce to writing the duties and responsibilities which each has with regard to the conunon well and to provide for their mutual use and benefit of the conunon welL "7 v NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree as follows: .' 1. All of the parties shall have the perpetual right of way easement to the respective properites from and to the conunon well to repair, maintain and replace the existing water lines. This perpetual right of way easement shall be one (1) rod in width, the centerline being the location of the existing line. 2. In consideration of their perpetual use of the well to provide water to their respective lots, each party agrees to share of the cost of operating and maintaining the well. Operating expense shall include, without limitation, the power to operate the well. 3. All repairs to the well, pump, wiring and electrical controls shall be shared equally by all users of the well including any future users of the well, provided that any decisions concerning needed repairs shall be by joint decision of all of the well users. 4. Each water user shall be responsible for repairs and maintenance to his own water line from the conunon well to his respective property where the water is used. Page 1 of2 RECEIVED 7/3/2008 at 12:50 PM RECEIVING # 940291 BOOK: 699 PAGE: 191 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000192 5. This agreement shall be binding on the successors in interest and assigns of the respective parties hereto and shall be a covenant running with the land and may not be altered except by an agreement in writing signed by all of the parties to this agreement. 6. AIl necessary repairs and maintenance to the well, pump, electrical controls and wiring and to the respective water lines of the parties shall be made with as little disturbance as possible to the real property on which the well is located. Immediately upon completing such repairs or maintenance, the party or parties making the repairs shall restore the real property, as nearly as possible, to its condition prior to the time that the repairs were made. aøt:-t£W STATEOFWYOMlNG) ) ss. COUNTY OF LINÇOLN ) The forgoing Common Well Agreement was acknowledged before me by Jt1'11~ A/fr?1t7ÞI J Jtl/lt/CF 1I/l-rfl4.'Þ{ J on this ~ day of Oc, 'e /f (H1'? arv- Witness my hand and official seal. ROXIE JENKINS NOTARY PUBLIC COUNTY OF ~ STATE OF LINCOLN ~ WYOMING M~~MJSSION EXPIRES APRIL 4. 2010 J¿¿Vj Gl~' k~ o ryP!!.~ . My commission expires: '-/ILf,/;ZO/ 0 20og: STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN) The forgoing Common Well Agreement was acknowledged before me by -:¡z ~ 1- . 11:Lcf h' D XI e. l (/~ ~ 111 S on this c:r . day of ~ tt..-(J 200t¡) Witness my hand and official seal. ~~- TRISTAN SMITH NOTARY PUBLIC COUNTY OF . STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES APRIL 22, 2009 Notary Public My commission expires: Át/ )2,?/ ;::1d:Ji P' / Page 2 of2