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Home My WebLink About943785 WATER WELL AND EASEMENT AGREEMENT "0624, This document being recorded to add legal description and new ownership information for that certain Well Agreement Dated May 5, 2006, Recorded August 25,2006, in Book 631, Page 538, Receiving No. 921714. This Agreement is made as of this 20lh day of October 2008, between Bryce and Kimberly Billings, husband and wife (collectively" Billings") of Alpine, Wyoming and Peter Edington and Bobbi Rockefeller, husband and wife (collectively "Edington/Rockefeller") of Alpine, Wyoming. Recitals It is the intent of the parties that the well located on that certain parcel of land described belO\vas the Edington/ Rockefeller propeliy, which is subject to State of Wyoming Permit #149414, and known as the "Janus Homes #1 Well'" a copy of which is attached hereto as Exhibit "C", be and remain a common well, to be used and shared by the paliies to this agreement for the purpose of providing water for residential use on the adjacent parcels of land currently occupied by Billings as identified in Exhibit "B" (the Bilíings property) and Edington! Rockfeller as identified in Exhibit "A" (the Edington/ Rockfeller property). The parties to this agreement, in consideration of the conveyance of the right of occupancy of the parcel of land described in Exhibit "B" from Edington/ Rockefeller to Billings, other good and valuable consideration, and the mutual covenants and stipulations set forth below, agree as follows: 1. Well and pump location. The water well and the water lines shall remain in their current location, until such time as this agreement is terminated or the parties mutually agree to relocate the well. The pump associated with the well, shall remain at the current location until such time as this agreement is terminated or the parties mutually agree to relocate the pump. The location of the well is SW 1/4 , SE 1/4 of Sec. 19 T. 37N R 118 Lincoln county Wyoming, Lot 50 of Leon Livingston Subdivision, as described on Exhibit "1\" attached hereto. 2. Repair, Maintenance and Replacement. All costs or repair, maintenance and replace of the well, pump, and any associated parts, supplies or water lines shall be alJocated fifty percent (50%) to the Billings property and fifty percent (50%) to the Edington/ Rockefeller property, provided, bowever, that each party shall be solely responsible fro all parts of the water system (e.g., water lines and pipes) which wiJl run from the well to the respective dv\/ellings of each of the parties anù are used exclusively to serve the respective parties. The parties shall consent to the cost sharing, except in an emergency situation, prior" to taking any action tor the system maintenance, replacement or improvement. Any necessary replacement or improvement of a system element (s) shall restore the system to its original system performance. Each Party Shall Be Responsible For: A. Prompt repair of any detected leak in his water service line. RECEIVED 11/24/2008 at 9:45 AM RECEIVING # 943785 BOOK: 709 PAGE: 624 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY tt~ Pi OOû625 B. Repair costs to correct water system damage caused by a resident or guest at his property: and C. Any repair or replacement that is necessary of the service line connecting the system to his dwelling. The parties shall be responsible for the repair costs for the system damage caused by persons other than a resident or guest at a property sharing the well. The parties shall share costs for the abandoning all or part of the shared well system so that contamination of ground water or other hazards will be avoided. The parties agree that they will promptly pay the system operation. Maintenance, replacement or improvement costs. 3. Utilities, All utilities, including electricity, shall be allocated and paid as follows: fifty percent (50%) to the Edington! Rockfeller and fifty percent (50%) to the Billings property. As long as there is no separate electrical meter measuring the amount of electricity required to operate the well and related water system, the an10unt of utilities expense attributable to the well and its system shall be based upon an annual estimate of use of such system as may be provided by Lower Valley Power & Light or any successor utility company. 4. Reciprocal Easements. The parties shall have reasonable and necessary access upon the Edington! Rockefeller property and the Billings property in order to make necessary improvement, inspection, testing, repairs, maintenance and replacement of the water well and associated water lines, pressure tank, pump and other components of the system and all incidental purposes related to such repair, maintenance and replacement. No party hereto may install any landscaping or improvements that will impair the use of the aforesaid easement. Removal and replacement of pre-existing improvements, as necessary to etIect operation, maintenance, replacement, improvement, inspection or testing of the water system, will be at the cost of the owner party; provided, that in the case of common fencing or walls, cost of removal or replacement will be shared equally by the owner parties. 5. Testing. Any party may have the well water tested by a responsible local authority at any time at the request of that party. Corrective measures may be implemented, if such testing reveals a significant water quality deficiency, with the consent of both parties. The testing and remedial work expense shall be apportioned as provided in paragraph 2 hereof. 6. Termination of Agreement and Default. This agreement shall remain in effect until such time as the parties mutually agree in writing to termination hereof. This agreement will be terminated in writing, the parties shall have continuity of water service to the respective properties. In the event of default by a party to this agreement, the prevailing party shall be entitled to its attorney fees and costs incurred to enforce this agreement. 7. Appurtenant to property. This agreement shall be deemed and construed to be an agreement running with the Edington! Rockefeller property and the Billings property and appurtenant to such real propeliy and shall be deemed to be perpetual for so long as it is used by the parties for the foregoing purposes. ~ f)0 000626 8. Usage/ Expansion. This agreement prohibits well water usage by any party for any other uses than bona fide domestic purposes set forth herein. No additional living units may be added to the shared well system without the consent of all parties and appropriate amendment of this agreement. 9. Replacement of well. If at any time it shall become necessary to replace the existing well on the property due to failure of the well from any cause, then this agreement shall terminate and each of the parties shall be required to provide their respective water well systems and lines without encroaching on the property of the other. Billings, and their successors and assigns of an interest in the property described in Exhibit "B", shall use all reasonable good faith best efforts to develop a replacement well on the Billings parcel and accordingly to tem1inate this joint agreement within ten (10) years of the date hereof. 10. Sewage Disposal System. No party hereto may locate or relocate any element of an individual sewage disposal system within SO feet (100 feet for proposed construction) of the shared well system. 11. Emergency Repairs. All parties have the right to act to correct any emergency situation in the absence of the other party. An emergency situation shall be defined as failure of any shared portion of the system to deliver water upon demand. Emergency situation correction costs shall be shared by the parties. No party shall be responsible for the unilaterally incurred shared well debts of another party, except for the correction of an emergency situation. 12. Arbitration. If the parties reach an impasse or have a dispute on any of the terms or conditions ofthis agreement or with respect to the shared water system such impasse or dispute shall be submitted to arbitration through the American Arbitration Association or a similar body and may be initiated at any time by any party to this agreement. 13. Entire Agreement. This agreement contains the entire agreement between the parties, and no statements, promises and inducements made by either party or agent of either party that are not contained in this written agreement shall be invalid and non-binding. 14. Survival. This agreement shall insure to the benefit and be binding upon the parties, their successors in interest. In Witness Whereof, the parties have executed this agreement in Alpine, Wyoming, on t s day of October 2008. STATE OF WYOMING ) )SS. COUNTY OF LINCOLN) ........................n............. = D. FenIoI> - NOtary Public æ - - æ County of State 01 :: = UnDOln Wyoming = - - - - = My Commission EIcpirGl8 10/11/2011 = :¡. ......... I II' UI. I 1.1.1..... I" ..... P 000627 LVl JV Vi LJ1.,Vl'l Ll V U'l\.J~ 1 Vl'l ~UJjUl V l~lUl"j, LlllCOlll County, wyomlllg, as shown on tl1e official plat thereof filed October 1, 1960, as Receiving No. 356388, in the Office of the Clerk of Lincoln County, Wyoming, as Plat No. 160. ~1<{ /¡utL EXHIBIT "B" OOû629 Lot 49 of Leon Livingston Subdivision, as shown by the official plat of said subdivision filed in the Office of the Clerk of Lincoln County, Wyoming and being situated in Section 19, Township 37 North, Range 118 West of the Sixth Principle Meridian. /ilL · .-...- . -- -......- - -- - - . -. . --. ON REVERse SIDE ,CE OFTHE ",ATE ENGINEER ',. HERSCHLER öLDG., 4-E CHEYENNE, WYOMING 62002. ,.) (307) 777-6163 EXHIBIT "e" APPLICATION FOR PERMIT TO APPROPRIAJE GROUND WATER APR 0 9 z003 5iS ð).ð3'1S '}.s'" ;¡-/:>I!Q3 APPLICATION FOR WELLS AND SPRINGS ,IØ:JRO NOle: Only springs IIowing 25 gallons per minule or less. y¡hère the proposeãJ~MfQ domestic and/or stock watering. will be considered as ground watèr appropriations. FOR OFFICE USE pNL Y Temporary Filing No. V.W, J<.j - q - sV / NOTE: Do nOI 'old this /orm. Use Iypewriler or prinl /18IiUy with blaçfo; ink. ALL ITEMS MUST BE COMPLETED BEFORE APPLICATION IS ACCEPTABLE PERMI" NO. U.W. ~ ~ ~~ WATER DIVISION N . . I /(. U.W. DISTRICT ./.--in (~~/h 'Co'· NAME AND NUMBt::R OF WEll or SPRING 1. Name of applicanl'(s) . =rAN LJ"':> 2. Address ot applicant(s) ? ~ 0 - 73 0,,1.. (MAILING ADDRESS) /1 o...V!~.::f ¿ L~. 'Phone: 307· c;".'lO--3:5iEr6 /.A/ y,: g :3 ,? 1,,/ (ZIP) */ sfY :2-,5 3 ( Phone: .... Use to which the water wtll be applied: ¡z¡ Domestic: 0 Stock Walering: 0 lnigalion: 0 Municipal: 0 Industrial,: 0 Miscellaneous: Use of waler in 3 single family dwellings or less, n~ommercial watering of lawns and gardens totalling one acre or less. Number of houses seIVed? ' ' . Normal livestock use at four lanks or less within one mile ot well or spring. Slockwatering pipelines and commercial feedlots are a miscellaneous use. Number 01 stock lanks? _ . Walering 01 commercially grown crops (large-scale lawn watering of golf courses, cemeleries, recrealion areas, elc., Is miscellaneous use). Use 01 water in incorporated Towns and CiUes (use ot waler in unincorporaled tnwns, subdivisions, Improvemenl dIstricts, mobile home parks. etc. are classified as miscellaneous use). Long term u!le of water lor Ihe manufaclure ot a product or prodllctlon 01 oi\lgas or other minerals (oil rield waler lIood operalions, power plant water supply, etc,). (Describe in REMARKS) Any use of water not delined under previous definitions such as slockwater pipelines, subdivi- sions, mine dewatering. mineral I 011 exploration drilling, potable supplies in oHice, etc. Describe in remarks, o Coal Bed Methane Wafer produced in production 01 coal bed methane gas. o Monllor, Observal/on or 0 Test Well: (Describe in REMARKS) 5, Location 01 (he well or spring: (NOTE: Quarter-quarter (40 acre subdivision) MUST be shown. EXAMPLE: ISE 114 NW 114 of Sec. 12. Township 14 North. Range 66 West.) ¿.:;:- /.,./<; V '- tV County,:S t...J 1/4 ~ 1/4 01 Sec. -1!ž.- . T. 37 No, R. ~ W. of Ihe 61h P.M. (W.R.M,), Wyoming. If located in a pl"Ued subdivision, also provide LoVTracl...:t.L Block _ of Ihe l !ioA) /":;¡:V.rNlñ r1 ¡-O.ll) Subdivision (or Add'n) 01 Resurve.y Location: Tracl _ , (or Lot) 6. Estimated deplh 01 the well or spring is / f} V /eet. 7. (a) MAX/MUM Inslanlaneous lIow of waler 10 be developed and bene/iciall)' lISed: 2. ç;--' gallons per minute. NOTE: If for domesUc and 1 or stock use, this applicaUon will be processed for a maximum of 25 gallons per mlnule. For a spring, aller approval of Ihis application. some Iype or artificial diversion or improvemenl muSI be constructed to qualify for a waler righI, "-~ (b) MAXIMUM volumetric QuantiTy 01 water to be developed and beneficially used per calendar year: / (!-f:-1.12.. /-i,.- . Circle appropriate unilS: (Gallons) (Acre Feet) A four person family utilizes approximately one (1) acre·loot 01 water per year or 325,000 gallons, B. Mark the polnt(s) or area(s) of use in the tabulation box below, TABULATION BOX TOTAL Nf: If4 NW 1 f4 SW 1f4 NE\Io NWI& SWIA SE!40 NEIIo NWIIo SW10I SE\I. NE!<I NWIi SWII SE§ SEIi 9. If for Irrigation use: ~ a. Describe MAXIMUM acreage to be irrigated in each 40 acre subdivision in the tabulalion box above. b. 0 Land will be irrigated from this well onty. , ç, 0 Land is irrigated from existing water righl(s) with water .from this well 10 be additional supply. De&cribe exi6ting waler ri0l1I(9) under REMARKS. \ 10. If lor irrigation use, describe 1t181hod of irrigation. Le. center pivot sprinkler, flood. etc.: c__;. 11.,_ I I tAl 149414 see REVERSE SIDE 12 0.........1. C\I_ 11 O~ OOô630 ~~ ........... .....0.:. .....vv,J un.UUt....u WH I c." 1 ,.5\1'0' '(I( ::>4::>1 P.Ið-S 11. II spring, how was it constructed? (SOl, qualify for a waler righl.) '1ethoJ.JO¥YAIiíf:i~¡'tJ~ersion, Le" spring bo)(, cribbil .JIc., is necessary to 12, PUMP TEST' Was a pump test made? Yes 0 NoJ;\;:f II so, by whom Address Yield: ._ gal./min. with foot drawdown atter Yield: gal./min. with loot drawdown after 13. LOG OF WELL: ,Total depth dl'illed t¡;p 3 tJO feel. Depth of complßled well :;? ÓZ> feel. Diameter of well ~ inches. Depth 10 first water bearing formation ..2' D feet. '::? OD Depth 10 principal water bearing formation, Top ¿, ¿, (7 feet to Bottom,;::.J feet. hours. hours. Ground Elevation. if knOwn DRILL CUTTINGS DESCRIPTION: From To Material Remarks Indicate Water Bearing Indicate Perforated Feel Feet Type, Texture CO!£.r (Cementing, ShutoH) Formation & Name Casing Location D -:.¡ -,. cJ--.72 ..., ...... v .::r ?CJ .J-7 (/ ?..¿? -;s .::;>Ð ~ .£f-~ "., - - - ......- .' 14. QUALITY OF WATER INFORMATION: Does a chemical and/or bacferiological water qualily analysis accompany this form? Yes U No LJ II is recommended that chemical and bacteriologic water Qualify analyses be performed and that the reporlls) be filed with the records of this well. (Contact Department of Agriculture, Analytical Lab Services, Laramie. 742-2984.) If nor, do you consider the water as: GOOd 0 Acceptable 0 Poor 0 Unusable 0 REMARKS: Under penalties of perjury, declare that have examined this form and to the best of my knowledge and belief it is true, correct and complefe, ~.t~~~ Lj-fj, 20 ¿'} .3 '- Date FOR STATE ENGINEER'S USE ONl Y Per mil No. U. W. 1~9414 .~ R 11 ZO(tL_, 20 Date of Approval \, - ~~ ' 20 ~_ S~,~~~~ ' for State Engine Date of Receipt Dale of Priority FEBRUARY 21,2003 .20 ooû631: EXHIBIT "e" 'ORM U.W.I .~ ... STATE OF WYOMING OFFICE OF THE STATE ENGINEER HERSCHLER BUILDING CHEYENNE, WYOMING 82002 "1¡r:L'1~ 'r .)'L..I,"! :" ~ .. t ' . (307) ì17-6t63 ~~\! ~'[~:1' \.t'" ,',\ .'.1 STATEMENT OF COMPLETION AND DESCRIPTION OF WELL OR SP"tNG" . NOTE: Do no! fold this form. Use type.....riter Or print neatly w«h blaCk Ink. PERMIT NO. u.w. 1494 1 4 NAME OF WELL (SPRING) JANUS HOMES #1 1. NAME OF OWNER JANUS HOMES, LLC 2. ADDRESS P D 13 A . J t7~ L.- , Please check if addre&6 has Changed Irom Iha,l ~wn on permit _ f) J City ¿. ~ Slale I..£J ¿rr.- Zip COdeJfl'3~ Phone N0t-.?07tt" ?J 's;plD O\'-\' ~~"'s""'" 3. USE OF WATER: Domestic%, stock Watering 0 Irrigation 0 MunlcipalO IndustrialD Miscellaneous 0 Monitor or Test D COol Bed Methane D Explain proposed use (Example: One single family dwelling) 4. LOCATION OF WELL (SPRING): ~v.. $ 01 Section.-1J T. :J?N., Ai If W., of the 6th P.M, (or W.R.M.). Subdivision Name L ~oY\ L',,: 101:J ¡;;~ 0"-" Lot 'iC\ Block F ~'<J$" ~ II surveyed, bearing, distance and reference point 5. TYPE OF CONSTRUCTION: OrilledD ~ DugD Drivenf( OlherO (Type oj Rig) Describe: 6. CONSTRUCTION: Total Depth of Well/Spri~g /-f.,tJO ft. Dep,h to SIalic Water Level '5' 0 ft. (Selow land surtace) & a. Diameter of borehole (Bil size) b. C..J¡8fng Schedule NewM UsedO .Æ diameter from ]!j . ft. 10 /0 ft. Material ~diameter from 70 II. to ':if'CJO ft. Malerial c. Was casing cemented: YesD NoD Cemenled Interval, From inches, ~ ~ Gage 2b--a Gage ?-S V feel. feet 10 d, Number of sacks of cement used type 01 cement e. Perforations: Type of perforator used Size of perforations inches by inches. Number of perforations and depths where perfora'ed: LI-t? perforations from ;2', .ô ft. to ~t>O feel. perforations from It to leet f. Was well screen installed? YesO N~ Diameter: _ 5101 size: Diameter: slot size: set from set from feet to feet to g. Was well gravel packed? YesO NO@' Size 01 gravel h. Was surface casing used: Yes 0 No ø Was it cemented In place? Yes 0 No 0 7. NAME & ADDRESS OF DRILLING COMPANY ~ ~..?-þ¿Uf1b- rj 3/ Z (!) ð. OATE OF CQMPl£J1ON OF WELL r;ndud~IOR SP'UNG (""'".00) Ý 'T - C>:;> 9. PUMP INFORMATIOll: ~aJ1Ufaclurer ~ Type .5 ~ Source 01 power ~ Horsepower ~ Depth of Pump Setting or intake 28'0 Amounl of Water Being Pumped / -S- Gallons Per Minute. (For Springs or flowing wells, see Item '10.) Total Volumetric Gallons Used Per Cafendar Year. 10. FLOWING WELL OR SPRING (Owner is responsible for control of flowing well), If well yields artesian flow or il spring, yield is _ gal.lmin. Surface pressure is Ib.lsq. inch, or The flow Is controlled by: valve 0 cap 0 plug 0 - Does well leak around casing? Yes 0 No 0 feet 01 water. Permit No. U.w. 149414 Book No. 1.1 O~ J.2 Page No. Q.¡::J; Q¡::vt::QQC <:Inr= OOû632 '~'I....J'V-c:.c:.-c:.'tJIt.!.J J,c.t"..JO UKUUI'IU I.I/HIt:..t'< 11. Thlil Wl is to be constructed on I, Iwned by EX~ ¡,( O./VI ~ .:$, /.. ¿ rrhe granting of ; perm~ does 1101 consliluÌ\ J granting of right-of-way. II any ea~ement or righl·ol-way is ,saary in connec1ion wfth this application, ~ should be understooQ Iharthe responsibility is the applicant's. A COpy of the agreement should accompany Ihis applicarion, if Ihe land is privately owned and Ihe ownel ;¡; not the co-applicant) 12. The water is 10 be used on lands owned by ~'1./3 )-/0 ¡VI £:,..:$. / ¿ L..'. Id (II the landowner is not the applicant. e copy 01 the agreement relaling to tha usage 01 appropriated water on Ihe land shou be submitted to this office. If the landowner is included as co-applicant on the application, this procedure need not be followed.) NOTE: Water rights attach to the area(s) and/or polnt(s) of use, REMARKS: -%lC3 A tJ ., A' (."';:7 -¥'f ' JlJ '4&¡ 1 ,j\11 f{1 ::>4::>1 1-'.\1::> Under penallies'ì5 perjury, I declare Ihat I have xamined Ihis application and to the best of my knowledge and belief it is true, correct ana complete, C;~~1 ~ ,;2 - I¿ '2oD3 Signalu.... of Applicanl or AUlhoñzed Agenl Dale THE LEGALLY REQUIRED FlUNG FEE MUST ACCOMPANY THIS APPUCAT~ION ~;> DOMESTIC AND/OR STOCK WATERING USES $25.00 (OQme.rIc use I. defined aa use 01 water In J single family dweJlÍß1S or 'es.. ,__ nonl;O"'tn.~1 w310rln,Ø 01 Ipwns and p3ldBn9 lol.Blling onø 8cra or l.eG.) IRRIGATION. MUNICIPAL, INDUSTRIAL, MISCELLANEOUS, COAL BED METHANE :550.00 MONITOR (For weIer IBvel meB'UrBmB"1s or chBm;cal quality ..moling) or TEST WELL NOF'EE IF WELL WILL SERVE M\JL TIPLE uses, SUBMIT ONLY ONE (THE HIGHER) FILING FEE, THIS SECTION IS NOT TO BE FILLED IN BY APPLICANT THE STATE OF WYOMING ) ) ss. STATE ENGINEER'S OFFiCe) This Instrumsn' was received and filed lor record on the 20--ºl, at 10:45 o'clock_1M. 21 daVwruary , A.D. Permit No. u.w,J ,194.1 4 1Lll.11 _ '7 for Stale Engineer THIS IS TO CERTIFY thaI I have examined the foregoing application and do hereby grant the same sUbject 10 the following limllations and conditions: This application is approved subjeol to the condition that the proposed use sh"U not interfere wilh any existing rights to ground waler from the same source of supply and is subject to regulaUon and correlation with surface wafer rights, If the ground and surface waters are interconnected. The use of water hereunder is subjeclto the fur1her provfsions of Chapter 11$9, Session Laws of Wyoming. 1957, and any sUbsequent amendments thereto, Granting or a permit does '101 guarantee Ihe right to have the water level or a.rteSian pressure in the well maintained at any specific level. The well should be conslructed to a depth adequate to allow for the maximum development and beneficial use of ground water In the source of supply. If Ihe well is a flowing ar1&sian well. il shall be so constructed and equipped that the 1J0w may be shut off when not in use without loss of water into sub-surface formations or at the land surface. Coal Bed Methane wells have Additional Condiljons and Limilations on allachmenl shee!. -- Approval of this application may be considered as authorization to proceed with construc1ion 01 the proposed well or spring. A Stat"ment of Completit>n will be filed within Ihirty (30) days 01 completion of conSlruction, including pump installation, Completion of Construction and completion 01 the beneficial use of wafer for the purposes specified in Item 4 01 this application will be made by December 31, 20 iJ'4- The amount 01 appropriation shall be limited to the quanlity to which permittee is entitled as determined at lime 01 proof of application Of water to beneficial use. Witness my hand this 25-fA day of k6m~ ".,...., 0' CompI."oo ~Ap'" 9, 2"3 '.,.'v.d. . Beneficial use assumed as of date of completion. ~1:-';¡;;':< April 11, Z003 - ·JlDN: : :'!I~ f ;~;. ~OTAL P.0S COG633