HomeMy WebLinkAbout972397RECEIVED 8/1/2013 at 3:43 PM
RECEIVING 972397
BOOK: 817 PAGE: 62
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
WELL AND WATER USE AGREEMENT
0062
THIS WELL AND WATER USE AGREEMENT is made this ;Ci day of July,
2013, by and between WJW HOLDINGS, LLLP, a North Dakota limited liability limited
partnership, P.O. Box 3309, Alpine, Wyoming 83128, as the owner of Lot 138 of Alpine Village
Subdivision No. 1 Plat 2 Amended 25th Filing, pursuant to the plat that was filed in the land
records of Lincoln County on December 21, 2012 as Receiving No. 968637, hereafter, said
company being identified as "WJW, as owner of Lot 138 and said Lot being identified as "Lot
138 and WJW HOLDINGS, LLLP, a North Dakota limited liability limited partnership, P.O.
Box 3309, Alpine, Wyoming 83128, as the owner of Lot 139 of Alpine Village Subdivision No.
1 Plat 2 Amended 25th Filing, pursuant to the plat that was filed in the land records of Lincoln
County on December 21, 2012 as Receiving No. 968637, hereafter, said company being
identified as "WJW, as owner of Lot 139 and said Lot being identified as "Lot 139", both
hereafter separately referenced as "Party" and collectively referenced as the "Parties
WHEREAS, WJW, as the owner of Lot 138, and WJW, as the owner of Lot 139, have
agreed to allow WJW, as the owner of Lot 139 to share a well on Lot 138 (the "Well in order
to provide water for Lot 138 and Lot 139; 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. WJW, as the owner of Lot 138, hereby grants to WJW, as the owner of Lot 139,
an undivided one -half interest in and to the Well, including 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. WJW, as the owner of Lot 138, further grants to WJW, as the owner of Lot 139, and
reserves unto WJW, as the owner of Lot 138, the right to inspect, maintain, repair, operate, and
replace the Well.
2. WJW, as the owner of Lot 138, hereby grants to WJW, as the owner of Lot 139,
an easement across Lot 138 from the Well to Lot 139, said easement being that area described on
the above referenced plat as the "Shared Parking Easement said easement being for the
purposes of inspecting, maintaining, repairing, operating, and replacing an underground water
WELL AND WATER USE AGREEMENT
PAGE 1 OF 4
01
0063
line from the Well to the Lot 139; provided, that if, in the inspection, maintenance, repair,
operation, or replacement of the underground water line, Lot 138 is damaged or disturbed in any
manner, the Party responsible for such damage or disturbance shall, as soon as is practicable
given weather conditions, undertake reasonable restoration of Lot 138 to the approximate
condition as it was prior to such damage or disturbance.
3. Prior to the time that WJW, as the owner of Lot 138, connects to or requires any
use of the Well, WJW, as the owner of Lot 139, shall bear the obligation to:
a. maintain the Well, including the well pump, in good operating condition,
so that it supplies potable water in an amount sufficient to serve Lot 139 with reasonable
pressure suitable for normal single- family household domestic water consumption, and if
necessary, to install such additional equipment as is necessary to ensure such delivery of
water to Lot 139;
b. pay all expenses of Well maintenance and repair; and
c. pay all ongoing expenses of operating the Well, including but not limited
to the expenses of electricity to facilitate the operation of the Well and well pump.
4. At such time that WJW, as the owner of Lot 138, connects to or requires any use
of the Well, WJW, as the owner of Lot 138, shall be obligated to install such additional
equipment as is necessary to ensure delivery of potable water in an amount sufficient to serve
both Lots 139 and 138 with reasonable pressure suitable for normal single- family household
domestic water consumption, and 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 for
noiinal single- family household domestic water consumption;
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.
5. In the event either Party no longer requires use of the Well and such party
disconnects from the Well. the remaining Party shall be solely responsible for the maintenance,
costs, and operation of the Well as outlined above in Section 4 a -c, above.
6. 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.
7. Neither Party shall:
WELL AND WATER USE AGREEMENT
PAGE 2OF4
0064
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.
8. 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 ultimately deemed at fault shall be liable to the other for all legal costs and
reasonable attorney's fees, whether or not the matter procee to litigation.
9. This Agreement including all terms and conditi s contained herein, shall be
binding on the Parties and their successors and assigns, and shall b appurtenant to and run with
both Lot 138 and Lot 139.
10. The obligations for payments created herein, if not paid 's required herein, shall
become liens upon the real property of the Party not paying said payments.
IN WITNESS WHEREOF, this Agreement has been executed on t e day and year first
above written.
WJW H
a North Da
as the owner
BY:
WJW HOL
a North Dakot
as the owner o
BY:
GE
WELL AND WATER USE AGREEMENT
PAGE 3 OF 4
GS, LLLP,
'ted liability limit
138
INGS, LLLP,
a limited liability limi <ed partnership
of 138
WI J. WI i' NN
GENERAL PART
partnership
STATE OF WYONIING
SS.
COUNTY OF LINCOLN
ACKNOWLEDGED before me this 3O day of July, 2013 by William J. Wiemann,
acting as General Partner of WJW Holdings, LLLP, a North Dakota limit liability limited
partnership, pursuant to authority provided to him by the partnership.
WITNESS my hand and official seal.
My Commission expires: 1 a -a -Doi c.
LL1„: 1l.tmDa'�
NOTARY PUBLIC
WELL AND WATER USE AGREEifY[ENT
PAGE 4 OF 4
VICKIE MUNSON NOTARY PUBLIC
County of
Lincoln
0065
State of
Wyoming
l\ Commission Expires: 26 December 2016