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Home My WebLink About947786RECEIVED 6/16/zooy at 11:01 Ann RECEIVING # 947786 BOOK: 725 PAGE: 479 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY WELL AND WATER USE AGREEMENT C00479 THIS WELL AND WATER USE AGREEMENT is made this 15th day of June, 2009, by and between NADINE R. EDWARDS, TRUSTEE of The Nadine R. Edwards Family Trust dated 5 December 2006, of P.O. Box 664, Maricopa, Arizona 85239, as the owner of Lot 17 of Bear Creek Estates 6th Filing according to the official plat filed as Instrument No. 947729 on June 12, 2009, in the Office of the Lincoln County Clerk, acting for herself and her successors and assigns (hereafter "Edwards / Lot 17"), and NADINE R. EDWARDS, TRUSTEE of The Nadine R. Edwards Family Trust dated 5 December 2006, of P.O. Box 664, Maricopa, Arizona 85239, as the owner of Lot 18 of Bear Creek Estates 6th Filing according to the official plat filed as Instrument No. 947729 on June 12, 2009, in the Office of the Lincoln County Clerk, for herself and her successors and assigns (hereafter "Edwards / Lot 18") (hereafter collectively the "Parties"). WHEREAS, Edwards / Lot 17 owns Lot 17 of Bear Creek Estates 6th Filing, Lincoln County, Wyoming according to the official plat filed as Instrument No. 947729 on June 12, 2009, in the office of the Lincoln County Clerk (hereafter, "the Edwards / Lot 17 Property"); and WHEREAS, Edwards / Lot 18 owns Lot 18 of Bear Creek Estates 6th Filing, Lincoln County, Wyoming according to the official plat filed as Instrument No. 947729 on June 12, 2009, in the office of the Lincoln County Clerk (hereafter, "the Edwards / Lot 18 Property"); and WHEREAS, the Parties have agreed to allow Edwards /Lot 18 to share in a well on the Edwards / Lot 17 Property (the "Well") in order to provide water for the Edwards / Lot 17 Property and the Edwards / Lot 18 Property; and WHEREAS, the Parties enter into this Agreement in order to set forth the terms and conditions for sharing the Well and providing water to both properties. NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, including but not limited to the mutual promises contained herein, the Parties, for themselves and their successors and assigns, hereby agree as follows: 1. Edwards / Lot 17 hereby grants to Edwards / Lot 18 an undivided one-half interest in and to the Well located on the Edwards / Lot 17 Property and the well pump and any and all other equipment for the operation of the Well and the right to use of the Well and to the use of water therefrom. Edwards / Lot 17 further grants to Edwards / Lot 18 and reserves unto Edwards / Lot 17 the right to inspect, maintain, repair, operate, and replace the Well. 2. Edwards / Lot 17 hereby grants to Edwards / Lot 18 an easement across the Edwards / Lot 17 Property from the Well to the Edwards / Lot 18 Property, said easement being WELL AND WATER USE AGREEMENT EDWARDS / LOT 17 / EDWARDS / LOT 18 PAGE 1 OF 4 VV480 for the purposes of inspecting, maintaining, repairing, operating, and replacing an underground water line from the Well to the Edwards / Lot 18 Property; provided, that if, in the inspection, maintenance, repair, operation, or replacement of the underground water line, the Edwards / Lot 17 Property is damaged or disturbed in any manner, Edwards / Lot 18 shall undertake reasonable restoration of the Edwards / Lot 17 Property to the approximate condition as it was prior to such damage or disturbance. The location of the easement is described in Exhibit A attached hereto and as shown on the plat attached hereto as Exhibit B. 3. Both Parties shall have a joint obligation to: a. maintain the Well in good operating condition so that it supplies potable water in an amount sufficient to serve both properties with reasonable pressure, and if necessary, to install such additional equipment as is necessary to ensure such delivery of water; b. share equally in the costs of Well maintenance and repair; provided, however, that the Parties shall consult with each other before any such expense is incurred; and c. share equally in the costs of operating the Well, including but not limited to the costs of electricity to facilitate the operation of the Well. 4. Each party shall be responsible for the costs of maintaining and repairing their individual water lines from the Well to their respective points of use. 5. Each of the Parties shall not: a. resell or otherwise allow any third-party use of water from the Well or unreasonably expand their own use of water from the Well without the written consent of the other party; or b. intentionally and/or unreasonably interfere with the other party's use and enjoyment of the Well and water therefrom. 6. If either party fails to perform the terms and conditions stated herein, the aggrieved party may take such legal action as may be necessary to enforce said terms and conditions. The party at fault shall be liable to the other for all legal costs and reasonable attorney's fees, whether or not the matter proceeds to litigation. 7. This Agreement including all terms and conditions contained herein, shall be binding on the Parties, their heirs and assigns, continuously for twenty-five (25) years beginning on the day and year first written above and shall be appurtenant to and run with both properties, the Edwards / Lot 17 Property and the Edwards / Lot 18 Property. 8. This Agreement shall be renewable for an additional twenty-five (25) years upon the mutual, written and properly recorded agreement of the Parties. WELL AND WATER USE AGREEMENT EDWARDS / LOT 17 / EDWARDS / LOT 18 PAGE 2 OF 4 000481 9. The obligations for payments created herein shall, if not paid as required herein, shall become liens upon the real property. IN WITNESS WHEREOF, this Agreement has been executed on the day and year first above written. EDWARDS / LOT 17: EDWARDS / LOT 18: NADINE R. EDWARDS, TRUSTEE NADINE R. EDWARDS, TRUST E of The Nadine R. Edwards Family Trust of The Nadine R. Edwards Family Trust dated 5 December 2006 dated 5 December 2006 STATE OF ARIZONA ) ) SS. COUNTY OF MARICOPA ) ACKNOWLEDGED before me this day of tiv\,1 2009 by NADINE R. EDWARDS, TRUSTEE of The Nadine R. Edwards Family Trust dated 5 December 2006, acting as the owner of Lot 17, Bear Creek Estates 6th Filing, pursuant to authority provided to her as Trustee of said Trust. WITNESS my hand and official seal. NOT My Commission expires: `Q 4 iuM C RENEE JACKSON t*"y PubNc . AdWW Pind County. My Comm. Ekes DOC 4. 2011 WELL AND WATER USE AGREEMENT EDWARDS / LOT 17 / EDWARDS / LOT 18 PAGE 3 OF 4 0004$2 STATE OF ARIZONA ) ) SS. COUNTY OF MARICOPA ) ACKNOWLEDGED before me this U day of AUPS , 2009 by NADINE R. EDWARDS, TRUSTEE of The Nadine R. Edwards Family Trust dated 5 December 2006, acting as the owner of Lot 18, Bear Creek Estates 6th Filing, pursuant to authority provided to her as Trustee of said Trust. WITNESS my hand and official seal My Commission expires:~K~w,6"' 0, 70(1 WELL AND WATER USE AGREEMENT EDWARDS / LOT 17 / EDWARDS / LOT 18 PAGE 4 OF 4 RENEE JACKSON Notary PubNc ' Arltorx~ Plnal County My Comm. ExpNsa OeC 4, 2011 DESCRIPTION FOR EXHIBIT A I 'rofessional Land Surveyors 'aul N. Scherbel Vyo. Registration No. 164 Itah Registration No. 1670 iaho Registration No. 3990 levada Registration No. 6805 ;colt A. Scherbel Vyo. Registration No. 3889 iaho Registration No. 8026 'tah Registration No. 372111 IARLOWEA. SCHERBEL /yo. Registration No. 5368 urveyor Scherbel, LTD. Eton, Wyoming ig Piney, Wyoming 3ckson, Wyoming 3va Hot Springs, Idaho lontpelier, Idaho NADINE R. EDWARDS FAMILY TRUST, DATED 5 DECEMBER 2006 qn" WELL AND WATER USE AGREEMENT C O A 8 3 To-wit: - - A tract of land within Lot 17 of Bear Creek Estates Sixth Filing, as depicted on the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "BEAR CREEK ESTATES SIXTH FILING IDENTICAL WITH LOT 4 OF BEAR CREEK ESTATES, A SUBDIVISION WITHIN NE1/4NE1/4 SECTION 18 T34N R118W LINCOLN COUNTY, WYOMING", dated 3 July 2008, as revised, described as follows: BEGINNING at a position, on the south line of said Lot 17, S89°-56'-11"W, 200.74 feet, from the southeast corner of said Lot 17; thence S89°-56'-11"W, 20.00 feet, to aposition; thence N00°-03'-49"W, 46.00 feet, to a position; thence N89°-56'-l 1"E, 20.00 feet, to a position; thence S00°-03'-49"E, 46.00 feet, to the POSITION OF BEGINNING; the BASE BEARING for this survey is the north line of the NE'/4NE1/4 of Section 18, T34N R1 18W, being N89°-56'-00"E; all in accordance with the plat to be filed titled, "BEAR CREEK ESTATES SIXTH FILING IDENTICAL WITH LOT 4 BEAR CREEK ESTATES, A SUBDIVISION WITHIN NE1/4NE1/4 SECTION 18 8W LINCOLN COUNTY, WYOMING", dated 3 July 2008, as revised. G pril2009-Rev' ed 15 April 2009 p~uy(p}]x :i:f:,il.r''J Nz , "Modification in any way of the foregoing description terminates liability of the surveyor" EXHIBIT B x~00484 PLAT SHOWING BEAR CREEK ESTATES SIXTH FILING LINCOLN COUNTY, WYOMING ATTACHED HERETO n V7 A 8 O g~ASQ $~gv R $$~{tc ~i~~ g 8 33 gV dig; F I 41H al s€~ as f~ ,IT g , $ R R R z a i.~ 17 ; ~t g'F~}FFC , erg € ' Sd 3 Apg R OarrF 4 i ~.g g ~ ~ ;2 Y yl a` , rprp HH R1 0 ~x b o~ igFdp~ o FAj W C% w ~ Y~0 ~Ri9~s• ~ Y 7~ a34(OtffiftlTAl®AE1£ 3- 1 9 $5A oil .114h 1 8 ~ ~g g 7 5~ ~;§4fgp x}~ 6i~ Q'~~ 7% a9~! cgY~~§~ l~ "gg g3d ~ ~yF ~S~ 8 $ 7 } s v,!c s$ ~~g Y #~g35 E a% g 3 t% fid g i'' Q~ ~3RiBif Jill g ~$Y 1 J$~ °l3 l:~a S~g5Ftc5 fit $ ¢1 d[ ppR i. i x o =3 o` . ji ll gI H 1 113 ~1 11 . a n 11i I;iu r~~ ~ ~ $ S ~ w ey ~L3(sY : n 'ji F $ ~ s o in 3 d ~ O k~ ` R ee 6l g gg~. g` . I s