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HomeMy WebLinkAbout895277~BOOK ..... RECEIVED WELL AND WATER PIPELINE EASEME~TIN00LN COUNTY CLERK 54:1_ 6.2 0 Well and Water Pipeline Easement made December 10, James E. Kelly'and Cheryl Bolin Kelly, husband and wife, ("Ke'll~'~i~'~(~:.~7~'?~l Aflon, WY 83110, and Colette Tyler, a single person ("Tyler"), of 3698 Hwy. 241, Aflon,:' WY 83110. RECITALS 1. The parties own the following described adjoining parcels of land in Lincoln County, Wyoming: Kelly Parcel Part of Section 7, T31N, R118W of the 6th P.M., Lincoln County, Wyoming, more particularly described as follows: Beginning at a point 23 rods and 12 1/2 feet South from the Northwest corner of the NWI/4SWI/4 of said Section 7 and running thence East 16 rods; thence South, 23 1/2 feet to an existing fence; thence West, 16 rOds along said fence; thence North, 23 1/2 feet to the point of beginning. ALSO Commencing at a point 13 rods and 12 1/2 feet soUth from the Nodhwest Corner of the SWl/4 of said Section 7; thence South, 10 rods; thence East,. 16 rods; thence North 10 rods; thence West, 16 rods to the place of beginning. LESS AND EXCEPT the following parcel: Commencing at a point 13 rods and 12 1/2 feet south from 'the Northwest Corner of the SWl/4 of said Section 7; thence South, 6 rods; thence East, 16 rods; thence North, 6 rods; thence West, 16 rods to the point of beginning. Tyler Parcel Part of Section 7, T31N, R118W of the 6th P.M., Lincoln County, Wyoming, more particularly described as follows: Commencing at a point 13 rods and 12 1/2 feet south from the Northwest Corner of the SW1/4 of said Section 7; thence South, 6 rods; thence East, 16 rods; thence North, 6 rods; thence West, 16 rods to the point of beginning. 2. The well providing the water (Permit No. U.W. 59931), the pipeline transporting that water to the Tyler parcel and associated electrical wiring and equipment is located on the Kelly parcel. 3. The parties desire to reduce to writing Kelly's grant of an easement to Tyler for the operation and maintenance of the well, pipeline and electrical equipment for the benefit of the Tyler parcel on certain terms and conditions. NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree as follows: 1. Grant of Easement. For valuable consideration, the receipt of which is acknowledged, Kelly hereby grants to Tyler and her heirs, successors and assigns in the property described above, a perpetual 20-foot wide easement for the operation, maintenance and replacement as necessary of the well, water pipeline and electrical equipment. The easement is more particularly described on the attached "Description for Colette Tyler Water Well Easement". Operating expense shall include, without limitation, the power to operate the well. 2. Conditions of Easement. The grant and continued use of the easement is subject to the following terms and conditions: a. Any damage caused to the Kelly property through use of the easement shall be repaired and the property restored. b. Tyler shall pay all expenses associated with the operation and maintenance of the well, pipeline and associated electrical equipment. c. If Tyler ceases using the well for a period of 12 consecutive months or longer, and upon 30 days' prior written notice to Tyler, this easement .shall be considered terminated and of no further force or effect upon the execution and recording in the Office of the Lincoln County Clerk by Kelly of a Notice of Termination. d. Kelly shall register the well in an appropriate fashion with the State Engineer's Office consistent with the terms of this agreement. 2 622 3. Kelly's Use of Excess Water. If, according to the flow numbers from the State Engineer's Office, there is water flow from the well in excess of Tyler's use of water, Kelly shall have the right to use such excess water on condition that Kelly pays his pro rata share of the operating and maintenance expense of the well during such times as he uses excess water. The pro rata share of expenses shall be determined according to the flow numbers from the State Engineer's Office and Tyler's and Kelly's respective use of the total flow of water. 4. Binding Aqreement. This agreement shall inure to the benefit of and be binding on the parties and their heirs, successors in interest and assigns and shall be a covenant running with the land and may not be altered except by an agreement in writing signed by all of the parties to this agreement. 5. Time of the Essence.. Time is of the essence of this agreement. 6. Waiver of Homestead Riqhts. Kelly hereby waives and releases all rights to the described easement under and by virtue of the homestead exemption laws of the State of Wyoming to the extent that such rights may interfere with the purposes of this easement. IN WITNESS WHEREOF, the parties have executed this Well and Water Pipeline Easement as of the day and year first above written. James E. Kelly ryl Bolin Kelly ~ Colet~e -~yler ~/ - STATE OF VVYOMING COUNTY OF LINCOLN SS. 623 The foregoing Well and Water Pipeline Easement was acknowledged before me by James E. Kelly and Cheryl Bolin Kelly, husband and wife, this I'~''vk,- day of 'f'~.O L.,t-O_,,~f'CL~c~6,,-- ,2003. Witness may hand and official seal. { co.. oi I,..,.,Uinta.. ~ Wyoming I My commission expires: N O TAfl;~Y PUBLIC STATE OF WYOMING COUNTY OF LINCOLN SS, The foregoing Well and Water Pipeline Easement was acknowledged before me by Colette Tyler, a single person, this t~,~¢.-, day of f'16~ , 200._~.. Witness may hand and official seal. My commission expires: ~Y PUBLICO~ ~~S Februa-ry 7, ~006 ! 4 iS.121S.7 S.121 S.7 S.13 S.18 ; ,.4. .§ 0 Li.I .o z.~ LEGEND SW1/4NWI/# NW~/4SWT/4 6?.4 0 ' ~0 ' tO0 ~CA L E. ' .~ " = '. ,,.., : '-.°~kl.~-Twenty (20) : :~F water well e~sement ~ ; ,z I Water L ~ Ja~s ~ Kelly a~ C~ Kelly (264:). I-ADVANCE SUBJECT TO CORRECTION AND APPROVAL PLA1 x x Tho Be,as Beorlnq far' this survey NW1/4SWI/4 of ~3ectlon 7. T31N', R~IT TO ACCOMPANY indicates e earner record filed or to be ~ed in the Office of the Clerk of Uncoln County. DES~ON FOR ,ndlcetesacalc, u~tedpo,qklon, nomonurnentf, o4.mdorseLWATER WHLL RAS~ ,n,,.t. r,g,,,-o,-., ,,ne o, Wyor.,.g Sto,e .,gh.y ~.,,. FOR Indicates on easement line, indicates e deed line of record. Indicates on existing fence line. indicates distance taken from 397 PR 818 end/ar 399 PR 535. is the west line of the R118W. being NOO'O5'OO'E. COL~TTE TYLER Wrrl-t t N ~ NWI/4SW1/4 SECTION 7 T31N R118W LINCOLN COUNTY, WYOMING DA]E: 13 ~plt,omba.-- 200! Bill Here 18 January ;~001 Cop~'lght {~) 2001 by Surveyor Scherbel LTl). All rights reserved, Ptotasstona~ LAnd Surveyocs Paul N Bcherbel Wyo. Ragi$1tatio~ NO. t 64 idaho Regishaflon Iklo. 3990 Utah ftegielralion No, 1670 Nevada Ragistralion Ne. 6805 Scoff A. Scherbel Wyo. Ragrstralion No. 3889 Idaho Regislralion NO. 8028 Utah Regishalion NO. 37211 t Marlowe A Bcherbel IA,¥o. Reglehallon No. 5368 Surveyor Sche~'beI. LTD Allon, Wyoming Big Piney, Wyoming ,.~a cke on. Wyoming Lava Ho! $odnge. Idaho Mor~lpeller. Idaho DESCRIPTION FOR COLETTE TYLER WATER WELL EASEMENT 625 To-wit: - - A strip of land twenty (20) feet in width, being part of the NW¼SW¼ of Section 7, T31N, R118W, Lincoln County, Wyoming, with the centerline described as follows: BEGINNING at a water well, S08°-00'-25"E, 375.26 feet from the northwest comer of said NW¼SW¼; - thence N00°-05'-00"E, 45.77 feet to a position on the south line of that tract of record in the Office of the Clerk of Lincoln County in Book 397 of Photostatic Records on page 818; the BASE BEARING for this survey is the west line of the NW¼SW'A of Section 7, T3 IN, R118W, being N00°-05'-00"E; each "corner" found asldescribed in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; all iii accordance with the attached exhibit titled, "EXHIBIT TO ACCOMPANY DESCRIPTION FOR WATER WELL EASEMENT FOR COLETTE TYLER WITHIN TIlE NW¼sw¼ SECTION R118W LINCOLN COUNTY, WYOMING", dated 18 2 "Modification in any way of the fo'~'..-,..*~'?}.., ,..,.,..,.,,...., description terminates liability of the ......... r"