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WHEN RECORDED MAIL TO:
RECEIVED 8/20/2008 at 3:54 PI'v,
RECEIVING # 941451
BOOK: 702 PAGE: 722
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Wygen Investments, L.P.
PO Box 359
Santa Y nez, CA 93460
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COMMON WELL AGREEMENT
COMMON WELL AGREEMENT made August 18, 2008 between Matthew Burtness, General
Partner. Wygen Investments Limited Partnership, and Peter G. Burtness, Trustee, U/DíT dated
September 13, 2001 F/B/O the Peter Burtness Separate Property Tnlst.
RECITALS
The parties own the following described real properties in Lincoln County, Wyoming, NW1/4 of
Section 1, T35N, R119W, 6th P.M.
1. Lot 6 of the Mountain Shadows Ranch Subdivision, Lincoln County, Wyoming according to
the Plat recorded in the office of the Lincoln County Clerk on May 12, 1992 as Plat No. 342
and instrument No. 748117. Owned by Wygen Investments Limited Partnership.
2. Lot 7 of the. Mountain Shadows Ranch Subdivision, Lincoln County, Wyoming according to
the Plat recorded in the office of the Lincoln County Clerk on May 12, 1992 as Plat No. 342
and instrument No. 748117. Ownecl by Peter Burtness Separate Property Trust.
3. A common well is located on Lot 6 (described in item #1) and the parties will have water
lines from that well to their respective properties.
4. The parties desire to reduce to writing the duties and responsibílìties which each has with
regard to the common well and to provide for their mutual use and benefi of the common
well.
NOW, THERFORE, in consideration of the mutual covenants contained herein the parties agree
as follows:
1. All of the parties shall have the perpetual right af way easement to the respective properties
from and to the common well to repair, maintain and replace the existing water lines. This
perpetual right of way easement shall be 16' in width, the centerline being the location of
the future water line which should be placed directly from the well to the property line of the
lot that does not contain the well in the most direct manner possible.
2. In consideration of the 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
expenses shall include without limitation, the power taoperate the well. In the future
individual metering may lead to proportionaJ shares of power bills being allocated to water
usage.
3. All improvements and 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 the joint decision of all well users.
4. Each water user shall be responsible fOr repairs and maintenance to his own water line
from the common well to his respective property where the water is used. A shut off valve
should be placed near the well that will control water to each of the users.
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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. All necessary improvements., 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 Httle
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 rea! property, as nearly as possible, to its condition prior to the time that the
repairs were made.
IN WITNESS WHEREOF, the parties have executeèh ' Common Well Agreement as of the
d::;:::= above ~ ~ C- ..
Matthew Burtness-- Peter G. Burtness
STA TE OF WYOMING )
) 5S.
COUNTY OF LINCOLN )
The forgoing Common Well Agreement was aackknowledged before me by
\\)~ ~rtM.9> on this 19t!) day of ~2008.
û;l(~\GÞ
Notary Public - Expires: a...l\. --c 0.
Witness my hand and official seal,
CHERYL A. JONES - NOTARY PUBLIC
. Slate 01
County 01 Wyoming
Lincoln
My Commission expires Feb. 4, 2009
STATE OF WYOMING )
) ss.
COUNTY OF LINCOLN )
The forgoing Common Well Agreement was aackknowledged
ry~(" b.~L.\.~ess.. on this ~ day of
CHERYL A. JONES - NOTARY PUBLIC
. Slale 01
county of· Wyoming
Lincoln
My Commission Expires Fob. 4, 2009
Witness my hand and official seal.