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Home My WebLink About942703 ~ l> bQ r" 13 ..::: -02 ~ ~~ . ~?t ~ ~~..... c:: OJ) 0 0 ~ - ~ .- ~ ~ 1)8... .~ ~ ~ ,... ¡.~1 0 1:::.w u ~ .~~ c< .1<' "" ~ t:: (ù 0-:;:': ~~ .~ Q) F=§ ,;=I '< ......-- AGREEMENT TO SHARE POTABLE WATER WELL 000373 THIS AGREEMENT made and entered into on the \S day of September, 2008, for the shared use of an existing well, by and between Nicole Anglesey of 2752 Dry Creek Road, Afton, Lincoln County, Wyoming, and Jeff and Carolyn Pearson of 2772 Dry Creek Road, Afton, Lincoln County, Wyoming. RECITALS 1. The above named parties have interest in certain properties and desire to share a single potable water well for both properties, the properties being located in the County of Lincoln, State of Wyoming, more specifically described as follows: Anglesey Description: See Description attached hereto as Exhibit A and incorporated herein by reference. Pearson Description: See Description attached hereto as Exhibit Band incorporated herein by reference. 2. The above described properties both receive water from an existing potable water well that is located on the Pearson property described above. 3· The parties desire to enter into an agreement with respect to the receipt of water from said well, in addition to outlining certain terms regarding the maintenance and repair of said well. 4. In consideration of the mutual promises contained herein, the parties agree to the following with regards to the above-referenced potable water well: A. Both parties shall have a perpetual right to receive water from the well necessary for use on the parties respective lots. Said water will be obtained through the water lines already existing from the well to the above-referenced lots. Bowers Law Firm, PC Post Office Box 1550 Afton, WY 83 II 0 (307) 885-1000 RECEIVED 10/6/2008 at 3:40 PM RECEIVING # 942703 BOOK: 706 PAGE: 373 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY \)Oü374 Nicole Anglesey shall have a perpetual right of way easement to repair and maintain their water line located on the Pearson property. The easement will be fifteen (15) feet in width with the centerline of such easement being the waterline servicing the Anglesey property. Each party will be solely responsible for any repairs and/or maintenance to the parties' respective water lines running from the well to the above-described lots. Both parties will equally divide costs for the upkeep and maintenance of the well. Both parties will equally divide costs for any necessary repairs to the well. Both parties will equally divide costs for the electricity to run the well. G. Before any costs are incurred for maintenance and/or repairs to the well, both parties shall have notice of and give consent to said maintenance and/or repairs. H. All above-described costs will be paid by both parties within fifteen (15) days of the date in which they are incurred, or within fifteen (15) days in which payment is demanded by either party, whichever date is earlier, unless otherwise agreed by the parties in writing. 1. Both parties will promptly fix any leaks to any apparatus served by the well on their respective properties. J. The parties agree that the water from the well shall not be used for outside watering, except for livestock during winter months. 5. Warranty. The parties agree and understand that the well is provided "as is" and that there are no implied or expressed warranties concerning the well. 6. Notice. Any notice given pursuant to this Agreement shall be in writing and shall either be personally delivered or sent by U.S. mail, and shall be deemed given Bowers Law Firm, PC Post Office Box 1550 Afton, WY 83110 (307) 885-1000 B. c. D. E. F. when either personally delivered or three (3) business days after depositing in the United States mail, addressed as follows: Nicole Anglesey P.0.BOX10S6 Afton, WY 83110 OOv375 Jeff and Carolyn Pearson Po ßJX' <f35h t , A~ fl!J cf:5//0 7· Construction. This Agreement shall be construed according to the laws of the State of Wyoming. 8. Modification. This Agreement may not be changed orally, but only by an Agreement in writing, signed by the parties against whom enforcement of any waiver, change, modification or discharge is sought. 9· Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior or contemporaneous oral representations or agreements of the parties whether verbal or in writing. 10. Headings. The headings used in this Agreement are for convenience only and are not to be used in its constructions. 11. Binding Effect. This Agreement shall be a covenant running with the land and shall be binding upon and inure to the benefit of the parties hereto, their heirs, legal representatives, successors and assigns. 12. Breach and Attorney's Fees. In the event that any party shall breach any obligation hereunder, the party in breach shall be liable to the other party for all reasonable expenses, including attorneys' fees, incurred in the enforcement of the obligations created by this Agreement. 13· Severability. The parties hereby expressly agree and contract that it is not the intention of either party to violate any public policy, statutory or common law, and Bowers Law Firm, PC Post Office Box 1550 Afton, WY 83110 . (307) 885-1000 that if any sentence, paragraph, clause, or combination of the same is in violation of the law of Wyoming, such sentence, paragraph, clause, or combination of the same alone shall be void, and the remainder of such paragraph and the Agreement shall remain binding upon the parties hereto. éOû376 IN WITNESS WHEREOF, the parties have executed this Agreement effective the \':) day of September, 2008. Dci'), rl~ Nicole Anglesey ~r D-/ earsþn fd1æ~ ~ Carolyn Pear on STATE OF WYOMING ) COUN1Y OF LINCOLN ) .¡( The foregoing instrument was acknowledged to before me by Nicole Anglesey on the ~ day of September, 2008, HEIDI County Uncoln Wyoming My CommissIon Expires August 5, 2009 ) ss. fficial seal. Jl(h~' 4~ NOTARY PUBLIC My commission expires: ~ -oc¡ STATE OF WYOMING ) ss. ) ) COUN1Y OF LINCOLN The foregoing instrument was acknowledged to before me by J eft Pearson and Carolyn Pearson on the~ day of September, 2008. WITNESS my hand and official seal. My commission expires: b·~Or~O" ~d~~ NOT Y PUBLIC Bowers Law Firm, PC Post Office Box 1550 Afton, WY 83110 (307) 885-1000 . ,; ;-(~'-::" :.:.¡ ": !.:..' ~.,} ¡3 L ¡ (,~.; :~,:,!.at{~J of V\t\¡~)ri1înc~ :(!. ::.'(.'>1 ï ~;¡:~ A 8894/9 RECEIVED LlNCOL.N COUNTY CLERK 03 I~ Pp, 2 < F'.: 2: (. f]>' WARRANTY DEED J [/1 M 1\ r." \','.~ C~N F' H "',f"'.t,;, ~.;, ;., . . DANNY HINER AND LORRAINE HINER, Husband and Wife, BOOK~PRPAGE~ grantors of Lincoln County, State of Wyoming, for consideration of Ten and OO/lOO's ($10.00) and other good and valuable consideration in hand, receipt whereof is hereby acknowledged CONVEY AND WARRANT TO 000377 NICOLE LYDA ANGLESEY, a Single Person, grantees, whose address is P.O. Box 1056, Afton, WY 83110 the following described real estate, situate in Lincoln County and State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the state to wit: A portion of the Nm4NW~ of Section 18, DIN R118W of the 6th P.M., Lincoln County, Wyoming, being more particularly described as follows: 3( "/1 iq 1'-0 BEGINNING at a large spike marking a point in the section line dividing Sections 7 and. 18 in said Township, said point being S 89'15'37" W, 446.77 feet from the quarter corner on said dividing line; thence South 340_16 feet, to an iron pipe; thence West 128.37 feet, to any iron pipe; thence North 338_50 feet, to said dividing line; thence N 89°15'37" E, along said dividing line 128.38 feet to the point of beginning. SUBJECT, however, to all reservations, restrictions, protective covenants, exceptions, easements and rights-of-way of record, in sight, or in use. WITNESS our hands this ;2/ -1-.:21-0 3 Danny Hiner Lorraine Hiner State of Idaho ) )ss. County ~fIL. -~ ) \ \ \ \ I-$fffí¡ ,\ \1>1, CL1~ 1/./ .:~:"«9 .The- fÐr¡:g~¥g. instrument was acknowledged before me by Danny Hiner and Lorraine JI1~~!tiT-/\I1t:{ .~,:-;:. day of April, 2003. - (J. . -;J:. --- ~ ã: : WitÏ1êšs m; IÍ~~~ and official seal. :;. PIJßLlC.: .:-::: ~ ô '-. .~~'.''.) ..:.~ ...." J:.y:....... ~~:,," '.' //I¡'I:Of\\.J...:· . ¡'III I 111\\ ' . My Commission Expires: 'ò{ t8(~ ~~~ ' Notary Public ........ -....... .... I r 'II no" I """ \, I! I L ~I)n. v\d\VII NU.~745 P.2 '-.../ .......... LEGAL DESCRIPTION EXHmIT ',' ()Oû378 ~er~Q:60108164S8 A portion of the NorthetlSt Qnarter of the Northwest Qnarter of Sec.tion 18~ 1'~ 31 N01'tb, Rang0118 West Of the 6th PM., LinçoJn County, WyolDing, and bting more particularly described as foDoW8~ ~JJ.ir1g at a large spike roa:r~ a point in tb.{ Sec~on Une dMcrmg Section 7 ad 18 in pJd, Township, said point bclug South 89°15'37" West, 446.77 feet ft'C)m the quartér coner on said IUvidl,D,¡ lúJ.e~ thence nnn1Dg North 89615'37" East, 111.62 teet to a spike set in. tile westerly line of Highway U.S. 89 (State Project SCF1033 F.A:P Route 1&-3) 150 f~et wid!; th.c:e SO'Qtht:rJy :.11ong the arc: of a cu.:rve concave Ú) the 16ft, havjq n rlUtins of3894.12 feet, tl1~ngh . centra! angle of S003T24" an arc dbt101ce of 343.73 feet to an u-on pipe set¡ thence leaving ~id higbway and rUD"-Ïng West 148.90 feet to u iron pi~u~; thence North. 340.1.6 feet to the point ofbegiJmio,g.