[WSBARP] Shared water agreement, owner has 3 parcels

[John McCrady]

Since you are having problems finding exactly what you need, I attach a recorded agreement I ran across.  It was drafted for two users, but perhaps could be tweaked for three users.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Wednesday, March 07, 2018 5:27 PM
To: wsbar <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Shared water agreement, owner has 3 parcels

This is a second try.  The other day I requested ideas:
I have a shared well agreement form for use between two adjoining property owners.
What I don’t have is a shared well agreement (or other proper document)  that the current owner will record so that she can sell one of 3 parcels and each parcel has the right to water from the single well and each parcel  will have an easement etc. running with the land.

anyone have a form they can share?

One list member said why not wait until the property sells. My problem is that I want to preserve the right in favor of the existing original owner to add 2 more well users which will be binding on the first property owner.  Because I don’t have property owners for the other two lots, I can’t have the future owners sign.  Maybe we need a shared water agreement between the parties to the first sale, which acknowledges that the well and water may/will be shared to the other remaining parcels if these new owners sign a similar shared water/well agreement in the future??  And then on the deed I need to have the deed say something about “Subject to the right in the future for the Grantor to add water easements and agreements concerning the existing well in favor of the two remaining parcels if and when they sell?”  And if that was on the deed would a lender for the first sale balk and not lend?

Does anyone have language or a form or ideas they can share?

thanks

Josh

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734
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