HomeMy WebLinkAbout977719NORTHERN TITLE CO.
PO BOX 856
THAYNE, WY 83127
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977719 7/25/2014 3:43 PM
LINCOLN COUNTY FEES: $18.00 PAGE 1 OF 3
BOOK: 836 PAGE: 645 AMENDMENT
JEANNE WAGNER, LINCOLN COUNTY CLERK
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AMENDMENT
TO
WELL AND WATER USE AGREEMENT
J
THIS AMENDMENT TO WELL AND WATER USE AGREEMENT (hereafter, the
"Amendment is made this 23rd day of July, 2014, 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, in a Well and Water Use Agreement dated June 15, 2009 (hereafter, the
"Agreement which was recorded in the land records of Lincoln County, Wyoming on June 16,
2009 in Book 725 at Page 479 as Receiving No. 947786, the Parties agreed to allow Edwards
/Lot 18 to share in a well on the Edwards Lot 17 Property (hereafter, the "Well in order to
provide water for the Edwards Lot 17 Property and the Edwards Lot 18 Property; and
WHEREAS, the Parties have agreed to enter into this Amendment to the Agreement in
order to clarify the easement providing access to the Well and to extend the term of the
Agreement.
AMENDMENT
TO
WELL AND WATER USE AGREEMENT
EDWARDS LOT 17 EDWARDS LOT 18
PAGE 1 OF 3
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:
A. Paragraph 2 of the Agreement is amended to read as follows:
2. Edwards Lot 17 hereby grants to Edwards Lot 18 a 20 -foot by 46 -foot
easement on Lot 17 and an access easement across the southern 10 feet of the Edwards
Lot 17 Property within the 10 -foot utility easement thereon, for the Well and access to
the Well from the Edwards Lot 18 Property, said easements being 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 and the access easement is as described on Exhibit B.
B. Paragraph 7 of the Agreement is amended to read as follows:
7. This Agreement including all terms and conditions contained herein, shall
be binding on the Parties, their heirs and assigns, continuously for fifty (50) 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.
C. The remainder of the Agreement is hereby ratified as originally set forth.
IN WITNESS WHEREOF, this Agreement has been executed on the day and year first
above written.
EDWARDS
fV*Ou
j3Y
OT 17: EDWARDS /L.T18:
v.44 R,as, 4047 /*t YJw
iMr ")4'ier fl it .5
IN F-
NADINE R. EDWARDS, TRUSTEE
of The Nadine R. Edwards Family Trust
dated 5 December 2006
AMENDMENT
TO
WELL AND WATER USE AGREEMENT
EDWARDS LOT 17 EDWARDS LOT 18
PAGE 2 OF 3
A7 )rr Fi4c
NADINE R. EDWARDS, TRUSTEE
of The Nadine R. Edwards Family Trust
dated 5 December 2006
.r
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
ACKNOWLEDGED before me this 23rd day of July, 2014 by M. KEVIN VOYLES,
acting as Attorney in Fact for 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 m
CHRISTINA K. ALLRED NOTARY PUBLIC
COUNTY OF L C '1 WYOMING
LINCOLN
MY COMMISSION EXPIRES APRIL 30, 2017
11
My Commission expires: 1 4 ,16 `9
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
cial: seal.
ACKNOWLEDGED before me this 23rd day of July, 2014 by M. KEVIN VOYLES,
acting as Attorney in Fact for 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.
CHRISTINA K. ALLRED NOTARY PUBLIC
COUNTY OF °tyr:Y: STATE OF
LINCOLN WYOMING
MY COMMISSION EXPIRES APRIL 30, 2017
My Commission expires:
30 1')
AMENDMENT
TO
WELL AND WATER USE AGREEMENT
EDWARDS LOT 17 EDWARDS LOT 18
PAGE 3 OF 3
-NOTARY PUBLIC
NOTARY PUBLIC