TAOS COU~TY~ MARTINEZ, CLERK

000394216Bod< 839 PCI¥ 933

1 of 703/17/2014 el:47:~ PMllY DOLORtS

SHARED WELL WATER AGREEMENT

This Agreement, made and entered into this 21h day of April, 2013 by and betweenPATRICK TURNMIRE, party of the first part, hereinafter referred to as the "supplyingparty", and, BEINN BHREAGH, LLC, a New Mexico limited liability company, party ofthe second part, and hereinafter referred to as the "supplied party":

WITNESSETH:

THAT WHEREAS, the supplying party is now the owner of property known as 28Archuleta Road, Arroyo Seco, NM., located In the County of Taos, State of New Mexico,(Parcel 1) which property Is more fully described as follows, to wit:

Please see attached Exhibit A

and

WHEREAS, the supplied party is the owner of 162 State Road 230, Arroyo Seco, NM.,located in the County of Taos, State of New Mexico (Parcel 2) which property is morefully described as follows, to wit:

A tract of land lying and being situate within the Antonio Martinez Grant at Des Montes,Taos County, New Mexico, being a portion of Tract 78, Map 42, Survey 4, Tract 17 anda portion of Tract 22, Map 60, Survey 4 of the Taos County Reassessment Survey, andbeing more particularly described as follows:BEGINNING at a point from whence the S.E.O. Monument "Haight" bears S.03° 10' 34" E., 3846.40 feet; Thence S. 89° 15' 25" W., 255.34 feet; Thence N. 00° 47'22" W., 339.02 feet; Thence N. 89° 26' 02" E., 254.03 feet; Thence S. 01° ~O'40" E,338.24 feet to the POINT AND PLACE Of BEGINNING. COntaining 1.98 acres, more orless, as shown on a survey plat entitled "Dennis H. Johnson", being Luchetti LandSurveying, tnc. Proj. no. 86-21'1',as last revised 07/19/89, by Wallace R. Luchetti, NMLS No. 5040. Together with anyappurtenant water rights.

WHEREAS, the undersigned parties deem it necessary to provide a well system toservice the parcels described herein, and an Agreement has been reached relative tosupplying water from the well and the cost of supplying said water; and

WHEREAS, there is located a well upon Parcell, together with water distributionfacilities, hereinafter referred to as "water distribution system", for the purpose ofsupplying water to all properties connected to the said water distribution system; and

TAOS COJHTYANNA~TlI€Z, CLERK

000394216Book 939 PcIg. 934

2 of 703/17/291491:47:29 PMBY DOI.ORtS

WHEREAS, it is the intention and purpose of the undersigned parties that the well andwater distribution system shall be used and operated to provide an adequate supply ofwater for each of the properties connected thereto, for the domestic consumption of theoccupants of said properties, and to assure the continuous and satisfactory operationand maintenance of the well and water distribution system for the benefit of the presentand future owners, their heirs, successors and assigns of the properties connectedthereto; and

WHEREAS, the said well is deemed by the parties hereto to be of adequate capacity tosupply a Single family dwelling on each of the parcels described herein with water fromthe well for all domestic uses of a single family residing therein; and

WHEREAS, the water from the well has undergone a water quality analysis from theState of New Mexico health authority and has been determined by the authority tosupply safe and potable water;

and

WHEREAS, the parties hereto desire to enter this Agreement for the purpose ofreducing to writing their respective rights and obligations pertaining to said well andwater distribution system.

NOW THEREFORE, in conSideration of the promises and covenants herein contained,it is agreed that the well and water distribution system situated on Parcel 1 shall beused by the parties to this Agreement, as well as by all future owners and occupants ofsaid parcels, upon the following terms and conditions:

1. That until this Agreement is terminated, as hereinafter provided, the parties hereto,their heirs, successors and assigns, for the exclusive benefit of the respective parcelS ofreal estate, and for the exclusive use of the household residing thereon, are herebygranted the right in common with the other parties to this Agreement, to draw water fromthe well located on Parcel 1 for quotidian domestic use.

2. That the owners or residents of the dwellings located on Parcel 2, as of the date ofthis Agreement shall:

a. Payor cause to be paid to the supplying party, an annual fee in the amount of $400for this use of the well and water distribution;

b. Payor cause to be paid promptly, a proportionate share of all expenses for theoperation and maintenance of the well and water distribution system that may becomenecessary. Each respective share shall be determined by dividing the amount of eachexpense by two, it being understood that the supplying party and the supplied party

2

TAOS COOm'ANI1AtlAATlHEZ, CLERK

000394216 9~Book 83~ ~

s of 793/11/291491:41:29PMJ'( DOLORES

shall pay an amount equal to one half of the total of such necessary repair orreplacement. Shared expenses include repairs and maintenance on said well and waterdistribution system.

3. That the cost of any removal or replacement of pre-existing site improvements on anindividual parcel necessary for system operation, maintenance, replacement,improvements, Inspection or testing, damaged as a result of repair of the well or waterdistribution system maintenance will be borne by the owner of the affected parcel,except that costs to remove and replace common boundary fencing or walls damagedas a result of repair shall be shared equally between or among parties so damaged.

4. That each of the parties hereby agrees that they will promptly repair, maintain andreplace all water pipes or mains serving their respective dwellings.

5. That the consent of all parties to pay a proportionate share of costs shall be obtainedprior to embarking upon expenditures for system maintenance, replacement orimprovement, except In emergency situations. An arbitrator shall be chosen by theparties; shall be consulted In the event the parties cannot agree regarding the saidexpenditures; and the arbitrator's decision shall be definitive.

6. That it Is the agreement of the parties hereto that the payment for energy cost shallbe made twice yearly in $200 installments not later than the 101h day of January andJuly of each year during the term of this Agreement. In the event that any such paymentremains unpaid for a period of 20 days, the supplying party may terminate the supply ofwater to the supplied party until all arrearages In payment are received by the supplyingparty.

7. That it is the agreement of the parties that they shall permit a third party to cure adefault of payment or other obligation and shall permit water distribution service to bereinstated upon such curative action.

8. That each of the parties to this Agreement does hereby grant to the other, his heirs,successors and assigns, such easements over, across and through the respectiveparcels as shall be reasonably necessary for the construction of the well. maintenanceof water pipes, pumping eqUipment, mains, electrical wiring and conduit consistent withthe purposes of this Agreement.

9. That no party may install landscaping or improvements that will Impair the use of saideasements.

10. That each party shall have the right to act to correct an emergency situation andshall have access to the pertinent parcel in the absence of the other. An emergencysituation shall be defined as the failure of any shared portion of the system to deliverwater upon demand.

3

TAOSCOlJrrYAHHA MARTINEZ. CLERk

ege394216Book 839 PQ~ 936

4 of 783/17/2914 91:47:29 PMIY DOLOIU:S

11. That only those parcels of real estate hereinabove described and the dwellingslocated thereon shall be permitted to receive water from said well and pumpingequipment; and each of the parties hereto does hereby covenant and agree that he/shewill not allow or permit other persons, other than household guests, to take, draw, useor receive water from the well, nor permit other persons to connect to the pipes or mainsserving hislher respective parcel.

12. That in the event the referenced well shall become contaminated and shall nolonger supply water suitable for domestic consumption, or shall no longer supply wateradequate for the needs of all relevant parties, or in the event that another source ofwater shall become available to the respective parcels, then the rights and obligations ofthe parties created by this Agreement shall cease and terminate in accordance with theterms and conditions hereinafter described.

13. That upon the availability of such other source of water, it is contemplated that areasonable time shall be allowed to effectuate the necessary connections to the newsource.

14. That the respective rights and obligations of the parties shall continue until thesupplied party who wishes to terminate its participation in the Well Agreement haveexecuted and filed a written statement of termination at the Office of the County Clerk ofthe County of Taos, State of New Mexico. Upon termination of participation in thisAgreement, the supplied owner and occupant of each residence which is terminatedfrom the Agreement shall have no further right to the use of the well. The terminatedparties shall disconnect their respective lateral connection from said well system andshall have no further obligation to payor collect for maintenance and related expensesincurred thereafter. The costs of disconnection from the well and water system shall bebome by the owner of the pertinent parcel.

15. That the undersigned parties shall permit periodic well water sampling and testingby a responsible authority at the request of an undersigned party, mortgagee or theUnited States of America, Rural Housing Services.

16. That the said well and this Agreement, If amended, shall serve no more than foursingle family dwelling units or four parcels, notwithstanding the ability of the parties tomake other amendments to this Agreement.

17. That the parties may amend this Agreement to assure equitable distribution ofshared costs and responsibilities.

18. That the term of this Agreement shall be perpetual, except as herein limited.

19. That the benefits and burdens of this Agreement shall constitute a covenant runningwith the parcels of land herein described and shall be binding upon the heirs,successors in title and assigns of the parties hereto.

4

TAOS CCAAlTVAtM MARTINEZ, CLERI<

eee~216Book 839 PCI¥ 937

5 of 703/17~201491:47:29 PMBV DOLORES

IN WITNESS WHEREOF, the parties have hereunto set their hands and seal theday and year first above written.

"Parcel t"

PATRICK TURNMIRE

DATE.__ ~_~_\_'2._r_2._c)_1....;..~ _

"Parcel 2"::INN~Michael J. Evans, Sole Member

State of New Mexico )) ss.

County of Taos )

Subscribed and swom before me by PATRICK TURNMIRE this fJJ< day of

_~~;...;.....;;;;~ , 2014.

Noryput)IiCMy commission expires: _

5

County of COoK

)) ss.)

State of Illinois

Subscribed and sworn before me by MICHAEL J. EVANS this f1- day of

·~~_l.u3-.y~ .2014.

/ I ~~{l~My commission expires: cq I f);J-1 OLOl.5r I

6

, ,

A cortain tract of land lying and bJng situate within the Antonio Martin~z or tueero de Godoi Grant. near DesMonIes, Taos County, New MeXii' and being more particularly deaCl'ibed by meles and bound5 as follow.;

Be,ril'lning at capped rebar No. 5040 at the Southeast Corner of said tract, from whence a 1973, SEO. MonumentMarker "HAIGHT", bears; IS OS" 58' 18" E. 3866.08 feet, therjce from said point of beginning, along a fence on;S 73" 14' 59" W, 295.30 feet to a ~o. 4 rebar, thence leaving said fence;N 01' 24' 33" W. 387.81 f88lto a 'i'0' 4 rebar.thence along 8 fence;N 76" 56' OS" E. 294.20 feet to 8 capped rebar No. 4369, thence;S 01· 43' 02" E. 30.25 feet to a ca~ped rebar No. 4369, thence;S 00' 48' 52" E, 338.89 feel 10 the POINT AND PLACE OF BEGINNING.

Containing 2.488 acres more or· less. Said jract falls within parts of Tract 23. Map 60 and Tract 23, Map 50 andTract 79. Map 42, of Survey 4 of the 1941 Taos County Reassessmenl Survey.