HomeMy WebLinkAbout972361WELL SHARING AND EASEMENT
AGREEMENT
WTE
E
WYOMING TITLE ESCROW
RECORDED FOR
ACCOMMODATION ONLY
This Agreement is made and entered into this '2- (49 day of July, 2013 by and
between JanaLee Checketts, Trustee of the JanaLee M. Checketts Revocable Trust dated
March 22, 2011 (Checketts) and Frederick R. Hollinger and Pamela M. Hollinger,
Trustees of the Hollinger Family Trust, dated July 25, 1989 (Hollinger)
WHEREAS the parties own property bordering one another in Lincoln County,
Wyoming with Checketts owning Lot 10, Salt River Ranch Subdivision, as shown by the
official plat thereof filed in the office of the Lincoln County Clerk on September 8, 2006
as Receiving 922287, as Plat No. 84 -E and Hollinger owning Lot 11, Salt River Ranch
Subdivision per Plat No. 84 -E; and
WHEREAS a well will be located on Lot 11 which will be shared by Hollinger
with Checketts, and the parties wish to memorialize their agreement to share use of the
water well, the costs of the water well, and provide an easement for Lot 10 to access the
well;
NOW THEREFORE the parties hereby declare that Lots 10 and 11 of Salt River
Ranch Subdivision shall be held, used, conveyed, and encumbered subject to the
following covenants, conditions, restriction, rights and obligations, all of which are for
the purpose of enhancing and protecting the value and usefulness of the subject
properties, which constitute equitable servitudes affecting and running with the subject
properties, and shall be binding upon the parties and their respective heirs, successors,
and assigns, and all parties having or acquiring any right, title or interest in or to any
part of the subject properties. Without limiting the foregoing, the parties hereto agree
as follows:
1. Water Rights. The well will be licensed by the State Of Wyoming
NE ►1y- it
Engineer's Office. The well will generally located on the
portion of Lot 11.
RECEIVED 7/31/2013 at 3:43 PM
RECEIVING 972361
BOOK: 816 PAGE: 864
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
0864
2. Water Well And Water Line Easement. The parties hereby reserve unto
to Lot 10 an easement for a well to be drilled and for a water line extending from the
existing well to Lot 10. The parties have mutually agreed upon a map attached hereto
depicting the well easement area and water line easement location with reasonable
accuracy to comply with Wyoming Statute 34- 1- 141(c). The legal description
(easement boundaries) shall extend no further on Lot 11 than is absolutely necessary for
the purpose of this easement. The purpose of the easements shall include the right to
construct, reconstruct, replace, inspect, maintain, operate, and improve the water well
together with necessary water lines with incidental appurtenances, connections, and
structures in, on and under the easement area.
3. Water Well And Water Line Easement Area. Hollinger will keep the
easement area clear of trees and structures that could interfere with the intended use of
the easement. Each party agrees to use reasonable care to restore the easement area to
the approximate condition and elevation that existed prior to the commencement of any
disturbance.
4. Easement Personal to Checketts. The well and water line easement
for Lot 10 are personal to Checketts and do not run with Lot 10. In the event Checketts
conveys Lot 10 to a third party (excluding a conveyance to an family trust or LLC
owned or controlled by JanaLee Checketts), this Agreement shall automatically
terminate and Hollinger (or their successors) may disconnect Lot 10 from the well and
remove the pipeline.
5. Water Well Use /Initial Installation Cost. Each party shall have the
right to connect to the water system and well. The parties may use the well for
domestic, livestock, lawn, and landscaping purposes for their ,respective lot.
Notwithstanding, the pump to be installed by Hollinger will be of a size suitable for
servicing two residences on Lot 11 such that Hollinger shall have first priority in the
event there is not sufficient water for both parties. Should Checketts agree to share the
cost of a pump that will adequately service four residences (two on Lot 10 and two on
Lot 11), then each party shall have equal right to the water. Water may not be used
outside of Lots 10 and 11 without the permission of both parties hereto.
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6. Repair, Maintenance and Replacement. All costs of repair, maintenance
and replacement of the well, pump, pressure tank (if any), and any associated parts,
supplies or water lines (the "System shall be even split evenly between the parties,
however, Checketts shall be solely responsible for all parts of the water system (e.g.,
water lines and pipes) which run from the well and pressure tank (if any) to Lot 10 and
are used exclusively to serve Lot 10.
Any party may undertake maintenance, replacement or improvement to the
System which costs less than $250.00 without the consent of the other owners and such
charges shall be repaid to the owner who spent the money within 30 days of notice of
such expense. Any monies not repaid within such 30 days shall bear interest at the rate
of 12% per annum. In the event this money is not repaid within 90 days from notice of
such expense, the party who spent the money shall be entitled to place a lien against the
property show did not repay the money expended. The parties shall consent to cost
sharing (except in an emergency situation as described below) to be split evenly
amongst the owners of the Lots connected to the System, prior to taking any action for
system maintenance, replacement or improvement that exceeds $250.00. 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 their individual water service lines.
B. Repair costs to correct water system damage caused by their individual
use; and
C. Any repair or replacement that is necessary of the service line connecting
the system to his or her lot.
The easement area and water well facilities shall be kept at all times in good,
clean and operating condition and state of repair and in a manner that is in compliance
with good engineering practices then prevailing in Lincoln County, Wyoming and with
all laws, ordinances, codes and regulations of governmental agencies having
jurisdiction. The parties shall consult with one another as to construction and
maintenance needed on the well. An owner who has expended money hereunder for
well maintenance, repair, or replacement, shall be reimbursed by the other owner
within fifteen (15) days following receipt of the invoice.
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7. 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.
Remediation of emergency situation costs shall be equally shared by the parties.
8. Utilities. All utilities, including electricity, shall be split evenly between
the parties and shall be placed in the names of both parties. As long as there is no
separate electrical meter measuring the amount of electricity required to operate the
well and related water system, the amount 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 the local utility company.
9. Default. Should a party default in any payments due hereunder or
any other obligations, the non defaulting party shall give written notice of the default
and the defaulting party shall have fifteen (15) days to correct a monetary default and
thirty (30) days to correct any other default. Following a defaulting party's failure to
cure a written notice of default, the non defaulting party may avail itself of all legal
remedies including but not limited to termination of the other party's well rights.
10. Testing. Any party at any time may have the well water tested by a
local authority having jurisdiction over the well. Corrective measures may be
implemented, if such testing reveals a significant water quality deficiency. The testing
and remedial work expense shall be equally apportioned amongst the parties.
11. Sewage Disposal Systems. No party hereto may locate or relocate
any element of an individual sewage disposal system within 50 feet of the shared well
system.
12. Recordation. This Agreement shall be recorded in the office of the
Lincoln County Clerk in Kemmerer, Wyoming.
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13. Binding Agreement. This Agreement shall be binding upon and it shall
inure to the benefits of the respective heirs, successors and assigns of the parties hereto.
14. Representations And Amendments. All representations made in the
negotiations of this agreement have been incorporated herein. There are no verbal
agreements between the parties to modify terms and conditions, and the undersigned
parties hereby acknowledge receipt of a copy of this Agreement. 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.
15. Attorney Fees. The parties each agree that should they default in any of
the covenants or agreements herein, the defaulting party shall pay all reasonable costs and
expenses, including a reasonable attorney's fee, which may arise or accrue from enforcing
this Agreement, or in pursuing any remedy provided hereunder or by the statutes of the
State of Wyoming, whether such remedy is pursued by filing a suit or otherwise.
16. Partial Termination. Checketts may opt out of this Agreement at any
time by disconnecting from the system and not be further liable hereunder.
17. Legal Representation. This Agreement is drafted By Frank Hess of Hess
D'Amours Krieger, LLC in Jackson, Wyoming at the request of and on behalf of
Wyoming Title Escrow. Frank Hess and Hess D'Amours Krieger, LLC do not
represent either party in this matter. Both parties are advised to have their respective
counsel review and advise them accordingly.
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WITNESS my hand this 2 1 day of July, 2013.
U
STATE OF W
COUNTY OF Weber
WITNESS my hand and official seal.
JanaLee M. Checketts ocable Trust dated
March 22, 2011:
11 l�
ana ee Ch: c e ee
ary Publi
My Commiss
The foregoing instrument was acknowledged before me this 24 day of July,
2013 by JanaLee Checketts as Trustee of the JanaLee M. Checketts Revocable Trust
dated March 22, 2011.
UNA MEE
auc anmEMIINI
COMMISSION 0663455
CONN. EXP. IN.
WITN our hands this day of July, 2013.
Hollinger Family Trust, dated July 25, 1989:
STATE OF
COUNTY OF
The foregoing instrument was ackno edged before me this day of July,
2013 by Frederick R. Hollinger and Pamela Hollinger, Trustees of the Hollinger
Family Trust, dated July 25, 1989.
WITNESS my hand and official seal.
Frederick R. Hollinger, Trustee
Pamela M. Hollinger, Trustee
Notary Public
My Commission Expi
6
0869
STATE
COUNTY OF
The foregoing instr -nt was acknowledged before me this day of July,
2013 by JanaLee Checketts as ustee of the JanaLee M. Checketts Revocable Trust
dated March 22, 2011.
WITNESS my hand and official seal.
COUNTY OF
WITNESS our hands this 2 6. day of July, 2013.
Hollinger Family Trust, dated July 25, 1989:
STATE OF
WITNESS my hand and official se
KAMIANI LYNCH GARCIA r'
Commission 2005255 L
Notary Public California i
San'DImg County
My Expires Jan 26, 2017
Notary Public
My Commission. Expires:
erick R. Ho
nger, Trustee
Pamela M. Holli
6
rustee
The foregoing instrument was acknowledged before me this day of July,
2013 by Frederick R. Hollinger and Pamela M. Hollinger, Trustees of the Hollinger
Family Trust, dated July 25, 1989.
N tart' is t
My Com ssion Expires: J. 7L19 2611
0870
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