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REOEIVED
LINCOLN 60UNq'Y OLERK
SHAREI~i~(~J~, ~'~SERVOIR & EASEMENT A,q/REEMENT
This SH~D WELL, EESE~VOIR & EASEMENT AG~EMENT ("Agreement") is
made this 24th day oCMay, 2000, by Philip J. Frankovic oEP.O. Box k10~7, Jackson, ~ 83002
("Frmd(ovic").
RECITALS
WHEREAS, Frankovic owns two adjoining parcels of land located in the River Ranches
Fishing and Equestrian Estates Subdivision, Lincoln County, Wyoming, Plat No. 351 ("the
Subdivision"), specifically Lot 211 (P1DN 12-3519-22-1-00-403.00) and Lot 212 (PIDN 12-3519-
22-1-00-404.00) of the Subdivision.
WHEREAS, a man-made reservoir has been constructed on both lots such that a portion of
the reservoir is located partially on Lot 211 and partially on Lot 212, and is pernfitted by the
Wyoming State Engineer under Permit No. 11548R ("the Reservoir").
WHEREAS, a water well permitted by the Wyoming State Engineer under Pem~it No.
U.W. 121641 (the "Well") serves as the water source for the Reservoir, and is located at the
conjunction of the southwest comer of Lot 211 and the northwest corner of Lot 212.
WHEREAS, an electrical service box and meter powering the Well is located on the
common boundary line between Lot 212 and Lot 210 of the Subdivis:,on, and underground wiring
connects the electrical service box/meter to the Well, and
WHEREAS, the Well, Well head, Well pump, the electrical service cmmected thereto, all
water lines cOnnected or ancillary thereto, the Reservoir, all circulating pumps, water lines
connected or ancillary thereto, the electrical service connected to said pumps, and all other
electrical or mechanical devices of any type the primary or ancillary purpose of which are to
maintain or support the operation of the Well and the Reservoir for its intended use and the mutual
benefit of Lot 211 and Lot 212, shall hereinafter be collectively refen-ed to as "the Well and
Reservoir System",
WHEREAS, Frankovic desires and intends that successive owners of Lot 211 and 212, and
their heirs, successors or assign-ts, should have the joint use and benefit of the water fi'om the Well
for the purpose of continuing to provide water flow into the Reservoir at historic and pemfitted
capacities, and maintaining the Reservoir in a state of"water fill capacity" at the identical, or
snbstanti'ally similar, historic fill quantities at various periods of time throughout the calendar year;
and
WHEREAS, Frankovic desires and intends thai the respective rights of future owners of
Lots 211 and 212 in and nnto the Well and Reservoir System be specifically delineated, and that an
agreement relating thereto and relating to access, maintenance, repair and expenses of operating
the Well and Reservoir System be memorialized in a formal written document,
NOW, THEREFORE, in consideration of the sums heretofore paid, and the covenants and
promises contained herein, the owners of Lots 211 and 212 agree as follo;vs:
Shared Well. Reservoir & Easement Agreement
Lots 211 &212 River Ranches Fishinga.d Equestrian EstatesSubdivisioo
Page I
oSus igs 8 4 4
AGREEMENT
1. MUTUAL RIGHT TO APPROPRIATE AND USE WATER. The owners of Lots
211 and 212 shall have a mtitual, equal and continuing right to appropriate and use water from the
Well, up to and including the permitted flow capacity, for the purpose of continuing to provide
water flow into the ReServoir at the permitted capacity, and maintaining the Reservoir in a state of
"water fill capacityTM at the identical, or substantially similar, historic quantities at various periods
of time throughout the calendar year.
2. MUTUAL OBLIGATION TO COMPLY WITH ALL LAWS. The owners of Lots
211 and 212 shall cooperafe with each Other, and with all local, state and federal govermnental
agencies for the purpose of complying With all applicable all local, state and federal regulations
pertaining to the Well nnd Reservoir System
3. MUTUAL OBLIGATION TO REPAIR, MAINTAIN AND OPERATE WELl,
AND RESERVOIR SYSTEM. The owners of Lots 211 and 212 shall cooperate to undertake all
reasonable measures to repair, maintain and operate, or canse to have repaired, maintained and
operated the Well and Reservoir System for the purpose of continuing the operation and
fimctioning of the Well and Reservoir System in a manner substantially equivalent to the status
quo as of the date of this Agreement, and each party agrees to reasonably cooperate with the other
to such end. Each party ag[ecs to reasonably attenrpt to contact and notify the other, either orally
or in writing, concerning repair or maintenance work believed by such party to be necessary to
accomplish the goals of tiffs Agreement, at least twenty-four (24) hours prior to such work being
Undertaken; PROVIDED HOWEVER, that such contact and notice shall not be required in the
event of any emergency which, in the reasonable opinion of either party, threatens to materially
damage, impair or destroy Well and Reservoir System
4. MUTUAL GRANT OF EASEMENTS. The owner of Lot 2 l 2 hereby grants unto
the owner of Lot 211, their heirs, assigns and successors, a nonexclusive easement over, across
and under a portion of Lot 212, being fifteen (15) feet in width measured from the western
boundary line of Lot 212 to the east and tutoring parallel to and the length of said western
boundary line of Lot 212, said easement being for the sole purpose of allowing the owners of iLot
211 to maintain (including preventiVe maintenance or replacement as necessary) or repair the Well
and the'electrical service cmnponents of the Well and Reservoir System located within said
easement. The easement granted hereby shall be perpetual and run with the land, shall expresslY
benefit and be appm'tenant to Lot 211, and shall expressly be a burden on Lot 212.
The' owner.of Lot 2' 1 hereby grants unto the owner of Lot 212, their heirs, assigms and
successors, a nonexclusive easement over, across and under a portion of Lot 211, being fifteen
(15) feet ill width ~neasured fi'om the western boundary line of Lot 211 to the east anti running
parallel to and a length of 15 feet north fi-om the southwest corner of said Lot 211, and northerly
along the western boundary line of said Lot 211 a distance of fifteen (15) feet, said easelnent being
Shared Well, Reservoir & Easement Agreement
Lots 217 & 212, River Ranches Fishing nod Equestrian Estates Subdivision
P;~ge 2 o1'5
for the sole pm-pose of allowing the owners of Lot 212 to maintain (including preventive
maintenance or replacemen'~ as necessary) or repair the Well and the electrical service components
of the Well and Reservoir System located within said easeinent. The ease~nent granted hereby shall
be perpetual and run with tl:e land, shall expressly benefit and be appurtenant to Lot 212, and shall
expressly be a burden on Lot 211.
The owners of both Lot 211 and 212 grant to each other, non-exclusive easements over,
across and under thos'e portions of Lot 211 and 212 being fifteen (15) feet in width outward fi'om
the high water mark of the Reservoir at full pennitted capacity, for the sole purpose of allowing the
owners of Lots 211 m~d 212 to maintain (including preventive maintenance or replacement as
necessary) or repair those portions of the Well and Reservoir System located within said nmtual
easeinents. Further, the owners of both Lot 211 and 212 grant to each other, non-exclusive
easements to use the water surface of the Reservoir for non-motorized, recreational purposes. The
mutual easements granted hereunder shall be perpetual and run with the land, and benefit and be
appm-tenant to Lots 211 and 212, respectively, of the Subdivision.
Access granted nnder the easements granted hereunder shall be limited solely for the
purposes stated above, and the owners of Lots 211 and 212 shall undertake all reasonable
measures to eliminate or minimize damage to structures, vegetation and natural landfonns as a
result of any access taken hereunder.
5. SHARING OF COSTS OF OPERATION AND MAINTENANCE. Except as may
be otherwise stated herein, the owners of Lots 211 and 212 shall each bear one-half (1/2) of all
expenses incm-red in the operation of the Well and Reservoir System, including electricity costs,
and one-half (1/2) of all the expenses connected with the repair and maintenance (including
preventive maintenance or replacement as necessary) of the Well and Reservoir System.
The owner of Lot 2'12 shall maintain a separate electric meter for the sole purpose of
metering electrical usage dir.sctly associated with operation of the Well and Reservoir System, and
shall not connect or allow to be connected to such electrical meter any electrical cormections
which are not directly associated with the operation of the Well and Reservoir System.
The owner of Lot 212 shall cause the billing account for the electrical service for the Well
and Reservoir System to be .placed in the name of the owner of Lot 212, and shall thereby receive
all billings for such electrical service. The owner of Lot 211 shall cooperate as reasonably
necessary to accomplish this task.
Every three months, the owner of Lot 212 shall provide to the owner of Lot 211 a written
statement of electrical service charges related to the operation of the Well and Reservoir System
("the quarterly electrical service charges"). Within thirty (30) days of receipt of such written
statement, the owner of Lot 211 shall remit to the owner of Lot 212 payment in an amount equal to
the quarterly electrical service charges
In the event one lot owner should undertake necessary rnaintenance or repairs of the Well
and Reservoir System, written notice of same together with written docm-nentation of all costs of
repair and rnaintenance for the Well and Reservoir Systern shall be submitted by the lot owner
Shared Well, Reservoir & Easement Agreement
Lots 111 & 212, River Ra[iclles Fishi~tg and E(iLieStJ-ian Estates Subdivision
Page 3 o f 5
undertaking or causing to bc undertaken such repair or maintenance to the other lot owner, and the
receiving party shall, within thirty (30) days of receipt of such written evidence, renfit to the
sending party one-half (1/2)of the total bill for such repair or maintenance:
6. ALTERATIONS TO WELL AND THE RESERVOIR WORKS. Neither the owner
of Lots 211 and 212 shall unilaterally alter or cause to be altered the Well and Reservoir System in
any material way, including but not limited to expansion or contraction of the physical dimensions
or capacity of the Reservo'ir, water flow rates from Well, water flow rates into or out of the
Resei-voir, change :in ~in-reservoir" water circulating capacity, or changes to any water line or
electrical service location directly connected or ancillary to the Well and Reservoir System. In the
event one of the lot owners should desire to make changes to the Well and Reservoir System, he
shall notify the other in writing of such desire. The lot owner receiving such notice shall respond
in writing within thirty (30):days either agreeing to or rejecting such proposed alteration or change.
In the event such alteration is agreed to, the party seeking or requesting the material alteration shall
bear the entire cost of such alteration, including repairs to structures, vegetation or land forms
existing as of the date of such alteration, and which sustain damage as a resultof such alteration,
and all costs of obtaining revised pemfits fi'om the appropriate government authorities.
7. DEFAULT AND REMEDIES.
(a) In the event of the nonpayment ora party's pro rata share of the costs of
maintenance, repair or operation for a period of sixty (60) consecutive days after written demand
for payment, sent certified mail, return receipt requested to the non-paying party's last lmown
address ("the arrearage"), the nonpaying party shall be deemed to be in default of this Agreement,
and shall be further deemed to have consented to a money judgment being entered against the
nonpaying party in a court o f' competent jurisdiction located in Lincoln County, Wyoming, for the
full amount of the arrearage, plus reasonable costs and expenses, including reasonable attorneys
fees, incun'ed in enforcing file non'defaulting party's enforcement of rights hereunder.
(b) h~ the event either party fails to perform any covenant or obligation hereunder,
other than that described in paragraph 7(a), above, the party shall be deemed to be in default under
the temps of this Agreement,.. In such event, the parties shall have available to them all remedies at
equity or law under the laws of the State of Wyoming. In the event any legal action is brought to
enforce a party's rights under this subparagraph (b), the prevailing party shall be entitled to recover
his reasonable costs and ex?'enses, including reasonable attorneys fees, in bringing such legal
action.. :~
(c) Notwithstanding the provisions of this paragraph 7, or any Other provisions in this
Agreement, a party's obligations to continue to perform the covenants and promises contained
herein shall be unaffected by any default hereUnder, nor by judgment entered against either party,
their heirs, successors or assigns as a result of any default hereunder, and shall remain in full force
and effect as though no such default of the Agreement had occm-red, nor any such judgment was
entered..
Shared ~ell, Reservoir & Easelnelit Agi'eemel~t
Lots 211 & 212, River Ranches Fishilig ami Equestrian Estates Subdivisioo
l~age 4 ot' $
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8. BINDING EFFECT. This agreement shall be binding upon and inure to the benefit
of the parties hereto, their heirs, successors, representatives and assigns.
9. GOVERNING LAW/CONSENT TO FORUM. This Agreement shall be governed
by and construed in accordance with the laws of the State of Wyoming, exclusive of Wyoming's
law on choice of law. h~ the: event of any dispute arising fi'om this Agreement, jurisdiction and
venue shall be in the applic2ble court of competent jurisdiction }ocated in Lincoln County,
Wyoming. The owners of Lots 211 and 212 shall be deemed to have consented to such
jurisdiction and venue, and waived all rights or claims to have the dispute heard or considered in
any other jurisdiction or venue.
10. SEVERABH_;ITY. If any provision of this Agreement shall be declared invalid
or unenforceable, the remainder hereof shall continue in filll force and effect.
~i~./'Prankovic
STATE OF WYOMING )
' )SS.
COUNTY OF TETON )
I HEREBY CERTiFY that before me, the Subscriber, a Notary Public for the State and
County aforesaid, personally appeared Philip J. Frankovic and made oath in due form of law that
he is duly authorized to, m~xd did execute the foregoing Shared Well, Reservoir and Easement
Agreement.
IN WITNESS WHEREOF, I set my hand and notarial seal this ,~' ay of
2004.
SEAL Notary Public
Teton ~ W~omlng I
Shared \Veil, Reservoir &Easement Agreemea~!
Lots*~ &212,
.~ 1 River [{anche~ Fishing aotl £quc~lrian Esti~lre~ Subdi¥isio~
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