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EASEMENT FOR WELL
<br />200200372
<br />For and in consideration of the payment to them of One
<br />Dollar ($1.00), the receipt and adequacy of which is hereby
<br />acknowledged, the undersigned Randy S. Jankovitz and Jamie Lynn
<br />Mues Jankovitz, husband and wife, each in his and her own right
<br />and as spouse of the other (Grantors), being the Owners of Tract
<br />A the legal description of which is shown upon Exhibit I which is
<br />attached hereto and made a part hereby of this reference, do
<br />hereby grant and convey to David G. Kenyon and Isabel Kenyon who
<br />are the Owners of Tract B, the legal description of which is also
<br />shown upon Exhibit I, and to their heirs, assigns and grantees,
<br />an easement over, upon, above and below Tract A, for the
<br />following purposes and uses and subject to the following
<br />provisions:
<br />1. The sole purpose of this easement is to provide the use
<br />of the well located upon Tract A for drawing water to irrigate
<br />Tract B, to provide ingress and egress for the Owners of Tract B
<br />and their heirs, assigns, grantees, tenants and lessees to and
<br />from that well as may be necessary to provide pumps, power units,
<br />pipe and other tools and equipment necessary to operate, repair,
<br />and maintain that well and move water therefrom onto Tract B.
<br />2. This easement shall commence upon the execution of this
<br />Easement for Well and shall continue for the life of the well,
<br />which means that if the Owners of Tract B determine that the well
<br />must be replaced or if the EPA or any regulatory agency issues a
<br />final order requiring the well to be replaced, then the Owners
<br />must dig the replacement well upon Tract B and then the easement
<br />rights herein granted shall terminate and this Easement for Well
<br />shall be of no further force or effect.
<br />3. The Owners of Tract B shall have the sole
<br />responsibility for operating, repairing, maintaining and using
<br />the well and the land comprising the easement during the term of
<br />1
<br />ZY 1-113
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<br />EASEMENT FOR WELL
<br />200200372
<br />For and in consideration of the payment to them of One
<br />Dollar ($1.00), the receipt and adequacy of which is hereby
<br />acknowledged, the undersigned Randy S. Jankovitz and Jamie Lynn
<br />Mues Jankovitz, husband and wife, each in his and her own right
<br />and as spouse of the other (Grantors), being the Owners of Tract
<br />A the legal description of which is shown upon Exhibit I which is
<br />attached hereto and made a part hereby of this reference, do
<br />hereby grant and convey to David G. Kenyon and Isabel Kenyon who
<br />are the Owners of Tract B, the legal description of which is also
<br />shown upon Exhibit I, and to their heirs, assigns and grantees,
<br />an easement over, upon, above and below Tract A, for the
<br />following purposes and uses and subject to the following
<br />provisions:
<br />1. The sole purpose of this easement is to provide the use
<br />of the well located upon Tract A for drawing water to irrigate
<br />Tract B, to provide ingress and egress for the Owners of Tract B
<br />and their heirs, assigns, grantees, tenants and lessees to and
<br />from that well as may be necessary to provide pumps, power units,
<br />pipe and other tools and equipment necessary to operate, repair,
<br />and maintain that well and move water therefrom onto Tract B.
<br />2. This easement shall commence upon the execution of this
<br />Easement for Well and shall continue for the life of the well,
<br />which means that if the Owners of Tract B determine that the well
<br />must be replaced or if the EPA or any regulatory agency issues a
<br />final order requiring the well to be replaced, then the Owners
<br />must dig the replacement well upon Tract B and then the easement
<br />rights herein granted shall terminate and this Easement for Well
<br />shall be of no further force or effect.
<br />3. The Owners of Tract B shall have the sole
<br />responsibility for operating, repairing, maintaining and using
<br />the well and the land comprising the easement during the term of
<br />1
<br />ZY 1-113
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