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MAR -24-2010 10:10 From: <br />To. -e-1111 <br />Y P.3/8 <br />As a 1•esult of the lot line adjustment, <br />now 'Or -Iced within the hou>7dtirics of men 4. Abate has a r . <br />the domestic well Used to supply water to P<�rCet 1 is <br />name of 13ttycr of Parcel I or 4j ("Buyer") l; to sell Parcel 1 <br />( or 4] to C1n <br />This easement agrecrnent will establish the pto tise <br />the well ideated on Parcel 4 for its crpelual right of Pared ! to continue <br />domestic water supply, pursuant to the t <br />CimS set fiorth herein, <br />NOW, THEREFOIZIr, in consideration of the Foregoing and the mutual <br />contained hereilx, the parties agree as follows: cave n <br />anti <br />3. <br />4, <br />AGREEMENT <br />1 • Parcels Defined: Parcel 1 is described on Exhibit C; hereto. Parcel 4 is described <br />Exhibit D Jycrcto• heel oil <br />7 <br />Gent of Eascinent; [Abate yr Hu <br />Fiuyel`�, e Q I tel, as owner OfPmel 4, hcreby grant to [Abate or <br />a=Zc owner or parcel <br />maintenance of a doniest(e water � e lselnent for well and the construction, Operation and <br />upply <br />and a related pipeline casemcttt to carr ythe land pump located as denoted on Fxltihit $, <br />1, as depicted on the map attached as xhi,lxit $. a sfr ens shall fro estwell to Parcel <br />PrOPerty, benefiting parcel i and burdening Parcel 4. with tlac <br />narrowly to include only a right to use andginaintain the omesti` well and related tum <br />and pipeline in their current location un Parol 4. It shall not include the right to move or <br />re -drill the well in another location on Parcel 4 or the right to relocate the Pipeline. <br />L�xcltisivc iliht: The casement is exclusive as no other property shares in the right to Use <br />the well, pump or pipeline other than parcel 1. However, the: owners of parcel 4 have the <br />right to farm, drive or otherwise utilize that portion Of Parcel 4 over the pipeline and <br />nround the well and pump so long as the use of the Parcel 4 does not unrcusonably <br />interfere with the use or operation of the well, .puital� aid pipeline. The parties <br />acknowledge that should a party desire to build a home on Parcel 4, the ownar of arcc`4> <br />will need [li obtain a new domestic; water source for the home on Parcel 4. l <br />Maintenang aitd t f Q e' n; The owners of Parcel l agre:c to keep the domestic <br />welt in good working order and pay for and complete all. necessary maintenance without <br />any expense or liability imposed on the owners of 1'arcel 4. The owners or Parcel 1 shall <br />coordinatc all triaintelianee activities with the owners of Parcel 4 so as to minimize the <br />burden on Parcel 4. The owners of Parcel I also agree to pay all electricity charges <br />azul/or other taxes or fees imposed with respect to the well, pump and pipeline and work <br />to ensure that these costs are separately billed to the owners of. Parcel 1. <br />5. No WULVI . The owners of Parcel 4 do not warrant that there is sufficient water <br />available from the well and pump to serve Parcel 1, nor do they warrant the q=lity or <br />quantity of water available. The owners of Parcel 4 have no obligation to provide water <br />to Parcel 4 other than as stated it) this Agreement, <br />G. Tern]ination aF A. ement: This easement shall terminate at the earliest of when the <br />owners of Parcel l Obtain a substitute domestic water supply or the existing domestic well <br />located on Parcel 4 can no Ionger be viability used to supply water to Parcel 1, ff'the <br />existing well is not used for 12 months or more, the owners of Parcel i shall properly <br />