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Home My WebLink About5.0 Well Sharing AgreementRECORDING REQUESTEDBY: Larry Knox 1111KiNYZIALIh Mil 1 1111 Recaptiont: 301429 12/19/2017 01:54.56 PM Jean Albert= 1 of 3 Roo Fee $23.00 Doo Fee:0.00 GARFIELD COUNTY CO WHEN RECORDED RETURN TO: Larry Knox 950 Juniper Hills Dr. Parachute, CO. 81635 KNOX PUBLIC/COUNTY ROAD SPLIT EXEMPTION WELL SHARING AGREEMENT THIS AGREEMENT will be entered into and run concurrent with the ownership of Lot 1 and Lot 2 of the Knox Public/County Road Split Exemption - WITNESSETH: WHEREAS, the Development consists of Lot 1 and Lot 2 as described on the Knox Public/County .1 Road Split Exemption, said plat being recorded as Reception No. 9O/%{n7 Garfield County Clerk and Recorder, and; of the records of the v s WHEREAS, a water well (hereinafter "Well") has been constructed on Lot 1, and operates pursuant ct to Colorado Division of Water Resources Well Permit No306598 which provides less than 1.5 Gal. per minute of water for fire protection, and domestic use within two homes. To maintain an adequate water 7 supply for the purposes stated above, each user will be required to install at time of construction a minimum of 8 2000 gallons of storage. There will be a flow meter installed on each line at the wellhead and a secondary pumping and pressure system installed at the home site. The system from the well head to the Homes shall be - maintained in good condition to eliminate water loss. WHEREAS, the owners of Lot 1 and Lot 2 each own an undivided 1/2 interest in the Well, the 4 well permit, the pump and any appurtenant facilities; and G WHEREAS, the owners of Lot 2 own a non-exclusive easement as shown on the Plat for 0.0 -3 water conveyance from the Well to the boundary of Lot 1 and Lot 2; and -?- WHEREAS, the parties by this Agreement desire to set forth their understanding concerning c the future ownership, maintenance, operation, repair, replacement, and use of the -t-v. Well and appurtenant facilities, and related matters. c NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained a herein, the adequacy and sufficiency of which are hereby acknowledged, the parties hereto J agree as follows: „ P 4) 1. Ownership of Appurtenant Facilities. The owners of Lot 1 and Lot 2 shall each own an undivided one-half interest in and to the Well, well permit, pump, meter, and associated facilities for the -d withdrawal of water located at the Well. Each party shall be the sole owner of any facilities used solely by that party, including individual service lines and storage tanks. 1111hiAh It011R'A N!'hhLO1i1 11 III Reception#: 901428 12/1912017 01:69:66 PM Jean Plberloo 2 of 3 Rec Fee:$23 00 Doc Fee:0 00 GARFIELD COUNTY CO 2. Operation, Maintenance and Repair Costs. All operation, maintenance, replacement and repair costs associated with the Well, the pump, pressure system, meter and associated facilities for the withdrawal of water from the Well shall bo shared equally between the owners of Lot 1 and Lot 2. The owners of Lot 1 and Lot 2 shall be solely responsible for the costs of maintenance, operation, repair, and replacement of any facilities used solely by that party, including individual service lines and storage tanks. Said owners agree to cooperate to enter into mutual agreements for the completion and payment of the costs of any maintenance, operation, repair, replacement, or improvement of common facilities. In the event the owners are unable to agree upon any required maintenance, repair, replacement, or improvement, either party shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities. In the event one owner determines to undertake such work, it shall notify the other owners in writing. The owner undertaking the work shall upon completion provide the other owners with a written statement of the work performed and the other owners' proportionate share of the costs. 3. Payment of Common Exgenses. Each owner shall pay its proportionate share of common expenses within 30 days from the time a statement of expenses is presented for payment. In the event an owner fails to pay its share within 60 days of presentment, interest on the unpaid amount shall accrue at 10 percent per annum, beginning 60 days from presentment. In the event a party fails to pay any amounts due with interest thereon, within six months from the date of presentment for payment, the owner which has paid such costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Agreement, and shall be entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment for collection. 4. Use of Water. Each owner shall be entitled to use water from the Well for Domestic and fire protection after the installation of a Minimum of 2000 gallons at their home location. All such uses shall be made in accordance with the terms and conditions of this agreement. Each owner shall be entitled to use so much of the water from the Well as that party needs so long as diversions from the Well at no time exceed the capacity of the well. Each owner shall be entitled to a pro -rata share of the available water. 5. Water Quality Issues. Based on water quality test results collected on October 5, 2017 and analyzed by SGS, there are known water quality issues related to and coliform with the well with permit number 306598 that is anticipated to serve Lot 1 and Lot 2. Prior to submittal of any building permits on Lot 1 or Lot 2 the water shall be tested again to ensure compliance with primary drinking water standards for coliform. Should the water be shown not to comply with any primary drinking water standards for coliform, then an appropriate water treatment shall be indentified at the time of building permit and installed at the time of development. 6. Waste. No owner shall waste water, and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Well. 7. Fees. Each party shall also bear its own attorney's fees incurred in the implementation of this Agreement. However, in the event litigation is necessary to enforce the rights of the parties hereto, as between themselves, the prevailing party in such litigation shall be entitled to reasonable attorneys' fees and costs of suit actually incurred. 8. Binding Effect: Covenant to Run with Land. This Agreement shall inure to the benefit of and be binding upon the owners of Lot 1 and Lot 2, their heirs, devisees, executors, administrators, assignees, transferees, and successors in interest. Upon execution by the parties, this Agreement shall be recorded in the records of the Garfield County Clerk and Recorder's Office, and shall run with the lands upon which water from the Well is used. 9. Complete Agreement. This document embodies the entire and complete agreement of the parties on the subject maim heieiu. No !nowise or undertaking has been made by any party, and no understanding exists with respect to the transaction contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are integrated and merged into thisAgreement. 10. Amendment. This Agreement may be amended from time to time by a written instrument executed by all owners of interests in the Well. In Witness Whereof, this Covenant has been entered into, published and declared to be a burden and a benefit, and to run with the land in perpetuity with the title to the properties above- described as of this , ' day of : �'cH,h 1,e f , 20 f Owner of Lot (1) One: Owner of Lot (2) Two: 1 STATE OF COLORADO COUNTY OF GARFIELD ) ss. } Larry D. Knox. Larry D. Knox The foregoing Covenant was acknowledged before me this day of , 20 by Larry D. Knox. WITNESS my hand and official seal. My commission expires: Notary public. ■III11P. 'Y4iIVNYEMLIhI11:riinkUIP Il`Ji 'iti viii 11 111 Reception#: 901428 1717912017 01:69:68 PM .lean Alberloo 3 of 3 Reo Fee:$23.00 Doo Fee:0.00 GARFIELD COUNTY Co