Shared Well |Agreement |Rio Verde |North Scottsdale |AZ
Shared Well |Agreement |Rio Verde |North Scottsdale |AZ. In the area known as Rio Verde Foothills or Rio Verde Arizona, encompassing zip codes 85262 and 85263, it is not unusual for a single water well to be shared by multiple property owner’s for the production of potable water.
The Shared Well Agreement is relatively straight forward and amendable from time to time providing the “owners” of the “Shared Well” make legal modifications and file the modifications with Maricopa County.
The purpose of the agreement is to:
- Identify the well location and the registered owner of the well which will typically be also known as the “Well Manager“
- Identify the effective date of the “Shared Well Agreement“
- Recite the Parties involved in the “Shared Well Agreement“
- Provide a Legal Description of the parcels involved in the “Shared Well Agreement” by designating the “Serviant Parcels” and the “Dominant Parcels“
- Provide for easements for servicing and maintenance of the water lines in addition to establishing the well location and any easements affording access to the well in the event of supplemental water delivery or maintenance as well as providing easements for the supplying of electricity to the well
Construction, Operation and Expense
A section of the “Shared Well Agreement” will provide for the Construction of the Water Well, the Operation of the Water Well and how to handle the expenses associated with the operation of the Water Well.
The items addressed in this section of the “Shared Well Agreement” will contain:
- Provision for Capital Improvements
- Initial Construction
- Maintenance, Repair and Reconstruction
- Individual Delivery and Utility Water Lines
The “Operation” of the Shared Well Agreement will contain the following:
- Operating Costs for Water Use
- Designation of a “Well Manager“
- Establishment and maintenance of an “Operating Account“
- Allocation of Expenses and Payment by “Shared Well Members“
- A provision for “Termination of Financial Obligations” to any member that wishes to remove themselves from the “Shared Well Agreement“
The next section will deal with “Other Conditions and Limitations” and contain items that address:
- Wellsite Easement
- Use of the Water from the Well
- Domestic Use of the water
- Access Easement to the “Shared Well Owners“
- Utilities for Electricity
The next section will deal with “Representations and Warranties” indemnifying all “Shared Well Owners” from any representations between the Parties.
The next section will deal with “Monetary Defaults and Remedies”:
- Uncured Default and its remedies
- The ability to Cutoff water to a “Shared Well Owner” in the event of an “Uncured Default“
- Provision of establishment of an “Assessment Lien” against the lot with the “Uncured Default” as well as a provision for the “Subordination of Lien” in the event of an “Uncured Default“
The “General Provisions” of the “Shared Well Agreement” will contain language dealing with:
- Multiple Owners
- Duration and Binding Effect
- Notices to “Shared Well Owners“
- Injunctive Relief
- Disputes
- Severability
- “Entire Agreement”, meaning there are no other agreements between the parties except as provided in the “Shared Well Agreement“
- Ability to “Amend” the “Shared Well Agreement” from time to time
- Execution of the Document
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Disclaimer
The information contained above is for general information purposes as it relates to ownership of real estate in Maricopa County, Arizona. The author is not an attorney nor licensed to practice law. Legal questions involving “Shared Well Agreements” should be directed to a practicing and duly licensed attorney in the State of Arizona
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