ORDER NO. 30439
DRILLING OI~ LOWER TRINITY MONITORING WILL
Came to be heard this the 13th day of August, 2007, with a motion made by
Commissioner Baldwin, seconded by Commissioner Lett. "hhe Coact unanimously
approved by vote of 4-0-0 to:
Approve Headwaters Groundwater Conservation District (I IGCD) to drill a Lower
~(~rinity monitoring well in the Kerrville South Area, on a conditional basis of
having Len Odom, Road & Bridge Administrator, look at the 50' casement.
30~3q
~,~3
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWEWD BY THE COURT
MADE BY. Comm. Baldwin, Pct. 1
MEETING DATE: August 13, 2007
OFFICE: County Commissioner
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action regarding request
from HGCD (Headwaters Groundwater Conservation District) to drill a
Lower Trinity monitoring well in the Kerrville South area.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Comm. Baldwin, Pct. 1
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
err'
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
5:00 PM previous Tuesday
@ .M.
All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
HEADWATERS GROUNDWATER
CONSERVATLON DISTRICT
12~ Lehmann Dr Ste l 02 Kerrville, Texas 78028
Phone (_830) 896-4110
www.h cg d.org e-mail l~cd cUhgcd.org
July 16, 2007
Kerr County Commissioner's Court
700 E. Main Street
Kerrville, Texas 78028
RE: Monitor Well Drilling
Kerr County Judge: Judge Pat Tinley
Kerr County Commissioner Precinct 1: H. A. "Buster" Baldwin
Kerr County Commissioner Precinct 2: William "Bill" Williams
Kerr County Commissioner Precinct 3: Jonathan Letz
Kerr County Commissioner Precinct 4: Bruce Oehler
Headwaters Groundwater Conservation District is seeking a site to drill a Lower Trinity
monitoring well in the Kerrville South area. There is a site in the road right-of--way that
belongs to Kerr County on the north side of Ranchero Dr. between Encino and Donna Dr.
being in Commissioner Baldwin's precinct 1. Headwaters would like to ask the
Commissioner's Court to consider allowing a monitoring well to be drilled on this site.
There is a copy of the Headwaters standard "Right of Entry, Construction, and Surface
Use Agreement" along with GPS coordinates and a map enclosed with this letter. The
agreement may be altered to meet County regulations. Due to the cost to drill these
monitoring wells Headwaters ask for a minimum of 25 years for continuous monitoring.
All knowledge, logging and sampling as well as well levels is public information and
copies of any well file information may be furnished to the commissioner's court. All
expenses of drilling and site clean up will be Headwaters responsibility. After the well is
completed Headwaters would like to place an approximate 10 by 10 foot fence around the
well head and possibly install a satellite transmitter which would allow the well level to
be monitored on the Headwaters website. Because of the dense population drawing on
groundwater in this area Headwaters believes a Lower Trinity monitor well in this area
will be a very important data-gathering tool to use for future conservation planning in
Kerr County. This well would be about one block from the Donna Drive monitoring well
than is in the Middle Trinity.
Sincerely,
L~
Gene Williams, HGCD General Manager
Cc: Court Coordinator: Jody Grinstead
Headwaters Monitor Well #11 Agreement With Kerr County Page 1 of 4
RIGHT OF ENTRY, CONSTRUCTION PERMIT, AND
SURFACE USE AGREEMENT
STATE OF TEXAS
COUNTY OF KERR }
KNOW ALL MEN BY THESE PRESENTS;
THAT Kerr County, hereinafter called ("Grantor"), for a good and valuable
consideration, receipt of which is acknowledged, hereby grants to Headwaters
Groundwater Conservation District ("Grantee'), a political subdivision of the
State of Texas established to investigate and protect the groundwater resources
within Kerr County, and to its successors or assigns, this "Right of Entry,
Construction Permit", and Surface Use Agreement for the purpose of
constructing, operating, maintaining and repairing a monitoring well for the
purpose of obtaining data regarding groundwater resources, on Kerr County's
property in Kerr County, Texas, as depicted on the attached Exhibit A, which is
here referred to for descriptive purposes, and for roadway purposes providing
ingress and egress to the monitoring well from a public road.
Grantee shall have the right of pedestrian and vehicular ingress and egress over,
across and upon Grantor's land for the purpose of constructing, reconstructing,
repairing, inspecting, maintaining and abandoning the said monitoring well and
the roadway, provided Grantor shall have the right to approve the location of any
roadways, which approval shall not be unreasonably withheld.
Grantee will restore the surface of any roadway or ground damaged during the
process of drilling and equipping the well. Grantee shall be responsible for any
damages caused by Grantee, its agents, contractors, and employees.
~` Grantor reserves the right to build fences that may cross roadways, but Grantee
may install its own locks on any gates.
Grantor agrees not to drill a well within one hundred fifty (150) feet of the
monitoring well or to install a septic tank or septic tank drain field or any other
activity that will contaminate the groundwater within one hundred fifty (150) feet
of the monitoring well.
Grantee further agrees as follows: (i) the monitoring well shall not produce any
noticeable noise except during the time of its construction; (ii) Grantee shall
make available to Grantor at no cost a copy of all logs obtained from drilling the
well; (iii) Grantee shall make available to Grantor data gathered from the
monitoring well; and (iv) the monitoring well shall be used solely for the purpose
of monitoring well quality and quantity and shall not be used, at Grantor's
election, for any other private or commercial purpose.
Headwaters Monitor Well #11 Agreement With Kerr County Page 2 of 4
Grantor and Grantee agree that Grantor may terminate this agreement at any
time after twenty-five (25) years from the date hereof by giving Grantee at least
one hundred twenty (120) days notice of such termination. In the event of such
termination, Grantor may elect to either request Grantee to renew this
agreement, properly plug the monitoring well or Grantor may elect to either
request to properly plug the monitoring well or Grantor may assume ownership of
the well if allowed to do so by regulations. In either event, Grantee shall be
allowed to remove its surface equipment.
Grantee agrees to comply at all times and at its sole cost with all applicable
federal, state and local laws, rules, regulations and safety standards in
connection with Grantee's activities hereunder, including, without limitation, the
construction, use, operation, maintenance and repair of Grantee's equipment and
appurtenances hereunder.
This Right of Entry is granted, subject to all encumbrances and other matters (i)
of record in the county and/or (ii) visible and on the ground that a corrected
survey would reveal, to the full extent same exist and affect the rights herein
granted.

This grant and all of the terms, provisions and obligations hereof shall be
covenants running with the land affected thereby and shall inure to the benefit of
and be binding upon Grantor and Grantee and their respective administrators
and successors. Grantee's rights hereunder may also be exercised, at Grantee's
options, by Grantee's lessees, contractors, or agents. This grant may not be
assigned by Grantee without the prior consent of Grantor.
Grantor expressly reserves for itself, is successors or assigns, all rights to use
the land on which the rights herein granted are located for purposes that do not
interfere with the exercise by Grantee of the rights hereby granted.
Grantee shall hold harmless and unconditionally indemnify Grantor against and
for all liability, claims, and costs which Grantor may suffer or sustain or become
liable for by reason of any accidents, damages or injuries either to the persons or
property or both, of Grantee, or of the employees of either party, or of any other
parties, or to the property of Grantor, in any manner arising from the work
performed.
Headwaters Monitor Well #11 Agreement With Kerr County Page 3 of 4
Exhibit A
OWNER	Kerr Count Texas
PROPERTY DISCRIPTION	Road Ri ht of Wa

SITUS ADDRESS	Right of Way North Side Between Donna
Dr. and Encino Dr. on Ranchero Rd.
SURFACE ELEVATION	1697 ft.
GPS LOCATION LAT	30 00 49
LONG	99 09 27.7
GRID	59-63-9
~..- See Attached Map/Plat:
Headwaters Monitor Well #11 Agreement With Kerr County Page 4 of 4
By.
By
State of Texas
County of
This instrument was acknowledged before me on this
Day of
Notary Public, State of Texas
2007
HEADWATERS GROUNDWATER CONSERVATION DISTRICT
GRANTEE

State of Texas
County of
By.
John Elliott
President, HGCD
This instrument was acknowledged before me on this
Day of , 2007
Notary Public, State of Texas


SURVEY PLAT FOR T~ TRACTS OF LAND ALONG RANCHE ROAD. OUT OF WILLIAM C.
FRANCIS SURVEY NO. 14G, ABSTRACT NO. 137 IN KERR COUNTY, TEXAS; I) 1.26 ACRES OUT OF A
CERTAIN 30.437 ACRE TRACT CONVEYED FROM THE VETERANS LAND BOARD OF TEXAS TO
DOUGLAS H. WHEELER BY A CONTRACT OF SALE AND PURCHASE EXECUTED THE 1ST DAY OF
JULY, 1968 AND RECORDED IN VOLUME 133 AT PAGE 702 OF THE DEED RECORDS OF Y.ERR
COUNTY, TEXAS; AND 2) 0.86 ACRE OUT OF A CERTAIN 26.001 ACRE TRACT' CONVEYED FROM THE
VETERANS LAND 130ARD OF TEXAS TO J. H. KEESHAN BY A CONTRACT OF SALE AND PURCHASE
EXECUTED THE 23RD DAY SEPTEMBER, 1968 AND RECORDED IN VOLUME 135 AT PAGE 119 OF
THE DEED RECORDS OF KERR COUNTY„ TEXAS
~ ~
~ ~\~
\ 5~ '~ $
~~9 93> ~ ~ ~i~
\ a~•3 ~~
14 ~ \ -y OP~• o
O ? e~:s h" `~.1.~
~~ Y_ taco 5ry
~\ ~ ~
\ °~ ~p_ \\ CURVE DATA
,~ Z ~' A-79.03'
R - 577.79'
A - 366,36'
J ' LC-5.47.18'W.
1 ~ ~ 339.30'
/~ A C (~
SCALE . ~Ft ~ ~QO r ' m 1 1 ~. 70.437 ACRES
LEGEND I \ Veterans land Board ofTczu to Wheeler
t~ I Volume 133 Pagc 702
. 13 ~ N ~ I o7rouba
'/a iron stAkc ~ ~ '
z
i!! I
\\ I A N /
~_ ~_ Z ~ / PROPOSED 60 FT. WIDE PUBLIC
/ ROAD EASEMENT _
~ e-vcrNO Rrn ve lu
~_FT• WIDE PUBLIC --~~ n !~ I
~-- ---- s'~T ~ ,~ ,~ X1.2 ACRES ~
~roroQg~ ~ ~~ ~ I ~
t.3.1Qi~ SIT4 _~ l`
~~
\° ~~g
EJOSTlNG 60 FT. WIDE PUBLIC ~ ~•
AOAD EASEIvII:"Nf /"~ ~ \ t9
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iz ~ ~ w
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/M~~~ i)t= TFL~t ryal°as~~ ~ 1 r
f'~Q•'~`•sTF;;, r.p1 x.13' / `T
~` I EE C. V~i1ELKEL ~ ~ I
.. r' .~ 26001 ACRES
C' ': ~ 3909 ~ ;~ ~- ~ t' b ~~o~ vescrans Cand Board of Texas to Kocshaa
° o?:yo ,~• ~~` ~•5'' ~ b . $ ACRE Volume US Page 119
.., ~a ~ S U R`~~ ~`"~~~~ ~ ~ ~ ~ o9miag
'. :~ e~yt`O ~ ~'
\~~~ ~y \ ~~ ,fl \'~ CURVE DATA
CyF \ y 11 \\ - ~ A - 36.00'
1 htrtb3 anify that this pWt is an actuntc ~p ~ ~j• 3 3 _ R-74s.1s~
reptcstnta0on of the ProP~Y Chown and darn'bod . ~. ~~ ~ A-778.32'
hereon u detetrninod by • +u~'eY madt on the ~~ \ ~~ LC - SJS•30'W.
ground uoder tay direction and supervision, except `1) '~~ \ ~ 32s.o2'
rq surety was auGe W castabllsh Patent Survey - ../
tines or corners: and that cell Property corner: are as NC1Co'q.t'~~ \ \
shown. G3,67' v~
Dalod this 27th day of May 1997 ~•~
r _, / l KERRVILLE SOfJIH RANCFIES \\ ~r0 ~ 2~' ~" ~~ ~
~~q ,; ) ~r(,1 ~1 ~.•/., ~ NO.ONE \S!a~ 4~ ~~,
Lte C. Voclkel ( Volume 3 Pagt 40 / \
Registered Professional Land Surveyor No. 7909
County Surveyor for Kerr County, Texu \ \
2
__~ ~~a'~tJ;y~?~, 1•r]~\i+~+p7~];SIMk~:~ ~v 1{llq;,(~~/I~ilil r~.'S • PHONL- 210 Qb/-9313 • 211 CLAY SIFIFFY, KERRVILIE, TEXAS 7602q -~
ti~R~ ?A.r.-:1.~
EXHIBIT t~
FIELD NOTES DESCRIPTION FOR 1.26 ACRES OF LAND OUT OF THE
DOUGLAS H. WHEELER LAND ALONG RANCHERO ROAD IN KERB
COUNTY, TEXAS
Being all of a certain tract or parcel of land containing 1.26 acres, more or less, out of William C. Francis Survey No. 146, Abstract
No. 137 in Kerr County, Texas; part of a certain 30.437 acre tract conveyed from the Veterans Land Board of Texas to Douglas H.
Wheeler by a Warranty Dced executed the 141h day of May, 1984 and recorded in Volume 297 at Page 492 of the Deed Records of
Kerr County, Texas; and being more particularly described by metes and bounds as follows:
BEGINNING at an existing'/~" iron stake in the centerline of Ranchero Road, a sixty (GO) R. wide public road easement and east line
of Lot No. 14 in Ranchero Estates, a subdivision of Kerr County according to the plat of record in Volume 3 at Page 46 of the Plat
Records of Kerr County, Texas for the north corner of the herein described tract and said 30.437 acre tract; which point bears,
approximately, G870 fl. North and 4111 ft. East from the south corner of said Survey No. 146;
THENCE, with the northeast line of said 30.437 acre tract S.45°04'E., 33.14 ft. to a %a" iron stake in the south right-of--way line of
said Ranchero Road for the east corner of the herein described tract, the north corner of a certain 0.400 acre tract conveyed from
emerald E. Wheatcrafi, et ux, to the Kerrville Telephone Co. by a Warranty Dced recorded in Volume 342 at Page 15 of the Real
Property Records of Kerr County, Texas;
THENCE, upon, over and across said 30.437 acre tract, all calls to %" iron stakes: S.19°46'W., with the said south right-of--way line
of Ranchero Road and west line of said 0.400 acre tract 93.76 ft.; S.27°09'W., centinuing with the said south right-of--way line of
Ranchero Road and north line of 0.400 acre tract 83.56 ft. to an existing %" iron st<11ce for the west corner of 0.400 acre tract;
N.62°13'W., 1.52 ft. to a''/z" iron stake at the beginning of a 10°39' curve to the right 366.56 ft. along the arc of said curve to the
right subtended by 39°03' central angle and 537.79 R. radius (long chord: 5.47°18'W., 359.50 ft.) to its Pnd; and S.66°50'W., 173.88
R to a'/:" iron stake set in the soutlnvest line of 30.437 acre tract, the northeast line of a certain 26.001 acre tract conveyed from the
Veterans Land Board of Te.~as to J. H. Keeshan by a Contract of Sale and Purchase executed the 23rd day of September, 1968 and
recorded in Volume 135 at Page 119 of the Deed Records of Kerr County, Texas for the south corner of the herein described tract;
THENCE, with the common line between said 30.437 and 26.001 acre tracts N.45°03'W., at 80.39 ft. passing the said south right-of-
way line of Ranchero Road, then continuing for a total distance of 111.78 ft. to an existing '/~" iron stake in the said centerline of
Ranchero Road and south line of Lot No. 12 in said Ranchero Estates for the west corner of the herein described tract, the west
common corner of 30.437 and 26.001 acre tracts;
THENCE, with the said centerline of Ranchero Road and common line between said 30.437 acre tract and Ranchero Estates, all
calls to existing ''/a" iron stakes: N.62°04'E., 73.59 ft.; N.51°33`E., 83.13 ft.; N.73°23'E., at 42.01 ft. passing the centerline
intersection of said Ranchero Road and Encino Drive, a fifty (50) ft. wide public street, then continuing for a total distance of 59.47
li.; N.79 00'E., 102.29 it.; N.6G°51'E., 71.98 ft.; N.SG°15'E., 87.17 lt.; N.46°26'E., 74.49 ft.; N.27°09'E., 76.52 ft.; and N.19°4G'E.,
105.92 ft. to the PLACE OF BEGINNING.
I hereby certify that these field notes are an accurate description of the property
contained therein as determined by a survey made on the ground under my
direction and supervision, except no survey was made to reestablish Patent
Survey lines or corners; and that all property corners are as stated. ~
Dated this 27th day oEMay 1993	P~ G'~'sO` E ~F-f~
Revised: 06/28/93	~
cq; Q ~ o ;N
	
	LEE C. VOELKEL..
	a J
° '
~
~
Lee C. Voelkel	~;~ F e s s ~
-~
~`.r
~
Registered Professional Land Surveyor No. 3909	, ~,
~.~~ S ~.; ~~_
County Surveyor for Kerr County, Te.~as	~~ ~''=~ •"'
~XFiIBIT A
FIELD NOTES DESCRIPTION FOR 0.86 ACRE OF LAND OUT OF
THE J. H. KEESHAN LAND ALONG RANCHERO ROAD IN KERB
COUNTY, TEXAS
Being all of certain tract or parcel of land containing 0.86 acre, more or less, out of William C. Francis Survey No. 146, Abstract No.
137 in Ken County, Texas; part of a certain 25.99 acre tract conveyed from, the David A. Lehmann to J. H. Keeshan by a Warranty
Deed executed the 21st day of June, 1988 and recorded in Volume 427 at Page 800 of the Real Property Records of Kerr County,
Texas; and being more particularly described by metes and bounds as follows:
BEGINNING at an existing '/~" iron. stake in the centerline of Ranchero Road, a sixty (60) ft. wide public road easement and
southeast line of Lot No. 2 in Kerrville South Ranches No. One, a subdivision of Kerr County according to the plat of record in
Volume 3 at Page 40 of the Plat Records of Kerr County, Texas for the west corner of the herein described tract and said 26.001 acre
tract; which point bears, approximately, 6096 R. North and 3337 ft. East from the south corner of said Survey No. 146;
THENCE, with the said centerline of Ranchero Road and Common line between said 26.001 acre tract and Kerrville South Ranches
No. Onc, all calls to existing''/z" iron stakes: N.10°50'E., 100.22 ft.; N.OG°OG'E., 49.04 A.; N.OG°41'E., 63.67 ft.; N.27°44'E., 83.24
~, R.; N.44°54'E., 59.91 ft.; N.68°02'E., 54.53 ft.; and N.81°35'E., at approximately 58.20 ft. passing the east common corner of
kerrville South Ranches No. One and Ranchero Estates, a subdivision of Kerr County according to the plat of record in Volume 3 at
Page 4G of the Plat Records of Kerr County, Texas then continuing with the common line behveen 26.001 acre tract and Ranchero
Estates for a total distance of 60.13 it. to a ''/z" iron stake for the north corner of the herein described tract and 26.001 acre tract, the
west corner of a certain 30.437 aFre tract conveyed from the Veteran's Land Board of Texas to Douglas H. Wheeler by a Contract of
Sale and Purchase executed the 1st day of July, 1968 and recorded in Volume 133 at Page 702 of the Deed Records of Kerr County,
°Texas;
THENCE, with the common line between s<~tid 30.437 and 26.001 acre tracts S.45°03'E., at 31.39 ft. passing the south. right-of--way
line of Ranchero Road, then continuing for a total distance of 111.78 ft. to a ''/z" iron stake set for the east corner of the herein
described tract;
THENCE, upon, over and across said 26.001 acre tract: S.GG°50'W., 74.37 ft. to a '/~" iron stake set at the beginning of a 16°33'
curve to the left; 338.32 ft. along the arc of said curve to the left subtended by a SG°00' central angle and 346.15 R. radius (long
chord: 5.38°50'W., 325.02 ft.) to a''/z" iron stake set at its end; and 5.10°SO'W., 20.38 ft. to a''/z" iron stake set in the southwest line
of said 26.001 acre tract for the south corner of tl~e herein described tract;
THENCE, with the said southwest line of 26.001 acre-tract N.44°59'W., 36.27 R. to the PLACE OF BEGINMNG.
I hereby certify that these field notes are an accurate description of the property
contained therein as determined by a survey made on the ground under my
direction and supervision, except no survey was made to reestablish Paten
Survey lines or corners; and that all propcriy corners .are as stated. ~~ OF„ TF-f'
Dated this 27th day of May 1993 c~;'~ ,,.,,,°,,;;~.'.
t_EE,C~. ~pELKEL.,
Re~~ised: 06/28/93 """'~~~~~~~~~~
l./ V ... ..^~ X3909 ~~'~O
9i1~•'~FESS~~•~-~•
Lee C. Voelkel O.. S U F'`~
Registered Professional Land Surveyor No. 3909
County Surveyor for Kerr County, Texas
PUBLIC PARTICIPATION FORM '3 ~`
FOR ~ ~ ~~
KERR COUNTY COMMISSIONERS' COURT
INSTRUCTIONS: Fill out all appropriate blanks. Please print or write legibly. Present
to the COUNTY CLERK prior to the time that the Agenda Item (or Items) you wish to
address are discussed.
If you are handing out any material or documents to the Court, please make sure
you have one extra copy for the Clerk to ensure that one is put into the record.
Name: ~~w-~ (~y c l~c u. h.t. ~
Address: /~ S L.~,vti ~ y.~.. ~~ f~ • ~ ~ ~- -
Telephone: ~ 5' ~ - `~ ~~ `~
Place of Employment: ~~~~1~~~ ~f ~' C ~
Employment Telephone: ~ 5~ C.. - ~l /~ ~
Do you represent any particular group or organization? Yes ~ No
If you represent a group or organization, please state the name, address and
telephone number of such group or organization:

Which Agenda Item (or Items) do you wish to address: l - ~ 3
In general, are you for or against such Agenda Item (or Items)? For `Against
Signature
NOTE: This Public Participation Form must be presented to the County Clerk prior to
the time the agenda item(s) are discussed.
Once you reach the podium, please state your name and who/what you represent
clearly for the court reporter to accurately record who you are.
Headwaters Monitor Well #11 Agreement With Kerr County Page 1 of 4
RIGHT OF ENTRY, CONSTRUCTION PERMIT, AND
SURFACE USE AGREEMENT
STATE OF TEXAS
COUNTY OF KERR
KNOW ALL MEN BY THESE PRESENTS;
THAT Kerr County, hereinafter called ("Grantor"), for a good and valuable
consideration, receipt of which is acknowledged, hereby grants to Headwaters
Groundwater Conservation District ("Grantee'), a political subdivision of the
State of Texas established to investigate and protect the groundwater resources
within Kerr County, and to its successors or assigns, this "Right of Entry,
Construction Permit", and Surface Use Agreement for the purpose of
constructing, operating, maintaining and repairing a monitoring well for the
purpose of obtaining data regarding groundwater resources, on Kerr County's
property in Kerr County, Texas, as depicted on the attached Exhibit A, which is
here referred to for descriptive purposes, and for roadway purposes providing
ingress and egress to the monitoring well from a public road.
Grantee shall have the right of pedestrian and vehicular ingress and egress over,
across and upon Grantor's land for the purpose of constructing, reconstructing,
repairing, inspecting, maintaining and abandoning the said monitoring well and
the roadway, provided Grantor shall have the right to approve the location of any
roadways, which approval shall not be unreasonably withheld.
Grantee will restore the surface of any roadway or ground damaged during the
process of drilling and equipping the well. Grantee shall be responsible for any
damages caused by Grantee, its agents, contractors, and employees.
Grantor reserves the right to build fences that may cross roadways, but Grantee
may install its own locks on any gates.
Grantor agrees not to drill a well within one hundred fifty (150) feet of the
monitoring well or to install a septic tank or septic tank drain field or any other
activity that will contaminate the groundwater within one hundred fifty (150) feet
of the monitoring well.
Grantee further agrees as follows: (i) the monitoring well shall not produce any
noticeable noise except during the time of its construction; (ii) Grantee shall
make available to Grantor at no cost a copy of all logs obtained from drilling the
well; (iii) Grantee shall make available to Grantor data gathered from the
monitoring well; and (iv) the monitoring well shall be used solely for the purpose
of monitoring well quality and quantity and shall not be used, at Grantor's
election, for any other private or commercial purpose.
Headwaters Monitor Well #11 Agreement With Kerr County Page 2 of 4
Grantor and Grantee agree that Grantor may terminate this agreement at any
time after twenty-five (25) years from the date hereof by giving Grantee at least
one hundred twenty (120) days notice of such termination. In the event of such
termination, Grantor may elect to either request Grantee to renew this
agreement, properly plug the monitoring well or Grantor may elect to either
request to properly plug the monitoring well or Grantor may assume ownership of
the well if allowed to do so by regulations. In either event, Grantee shall be
allowed to remove its surface equipment.
Grantee agrees to comply at all times and at its sole cost with all applicable
federal, state and local laws, rules, regulations and safety standards in
connection with Grantee's activities hereunder, including, without limitation, the
construction, use, operation, maintenance and repair of Grantee's equipment and
appurtenances hereunder.
This Right of Entry is granted, subject to all encumbrances and other matters (i)
of record in the county and/or (ii) visible and on the ground that a corrected
survey would reveal, to the full extent same exist and affect the rights herein
granted.
This grant and all of the terms, provisions and obligations hereof shall be
covenants running with the land affected thereby and shall inure to the benefit of
and be binding upon Grantor and Grantee and their respective administrators
and successors. Grantee's rights hereunder may also be exercised, at Grantee's
options, by Grantee's lessees, contractors, or agents. This grant may not be
assigned by Grantee without the prior consent of Grantor.
Grantor expressly reserves for itself, is successors or assigns, all rights to use
the land on which the rights herein granted are located for purposes that do not
interfere with the exercise by Grantee of the rights hereby granted.
Grantee shall hold harmless and unconditionally indemnify Grantor against and
for all liability, claims, and costs which Grantor may suffer or sustain or become
liable for by reason of any accidents, damages or injuries either to the persons or
property or both, of Grantee, or of the employees of either party, or of any other
parties, or to the property of Grantor, in any manner arising from the work
performed.
Headwaters Monitor Well #11 Agreement With Kerr County Page 3 of 4
Exhibit A
OWNER	Kerr Count Texas
PROPERTY DISCRIPTION	Road Ri ht of Wa

SITUS ADDRESS	Right of Way North Side Between Donna
Dr. and Encino Dr. on Ranchero Rd.
SURFACE ELEVATION	1697 ft.
GPS LOCATION LAT	30 00 49
LONG	99 09 27.7
GRID	59-63-9
See Attached Map/Plat:
SURVEY PLAT FOR T~ TRACTS OF LAND ALONG RANCHE ROAD. OUT OF WILLIAM C.
FRANCIS SURVEY NO. 14G, ABSTRACT NO. 137 RJ KERR COUNTY, 'TEXAS; 1) 1.26 ACRES OUT OF A
CERTAICI 30.437 ACRE TRACT CONVEYED-FROM THE VETERANS LAND BOARD OF TEXAS TO
DOUGLAS H. WHEELER BY A CONTRACT OF SALE AND PURCHASE EXECUTED THE ] ST DAY OF
JULY, 1968 AND RECORDED IN VOLUME 133 AT PAGE 702 OF THE -DEED RECORDS OF Y.ERR
COUNTY; TEXAS; AND 2) 0.86 ACRE OUT OF A CERTAIN 26.001 ACRE TRACT CONVEYED FROM THE
VETERANS LAND BOARD OF TEXAS TO J. H. KEESHAN BY A CONTRACT OF SALE AND PURCHASE
EXECUTED THE 23RD DAY SEPTEMBER, 19G8 AND RECORDED IN WOLUME 135 AT PAGE 119 OF
THE DEED RECORDS OF KERR COUNTX, TEXAS
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~_ }t_ \\ CARVE DATA
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~ ' R ~ 537.79'
A ~ 366.36'
' ~ ~' a LC~S.47•t8'W.
~6i` 339.50' .
SCALE: 1tt = 1ao~ ~ m ~ ~ ~: 30.437ACRE5
~/, Veterans 1udI3oard of Texas to Wheeler
LEGEND I }~ _ ' ~ Votwne ll3 Page 702
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~_ `_ Z ~ ~ PROPOSED 60 PT. W@E PUBLIC
~ ENCINO ~~ ~ ROAD EASEhiENr .
~~T.i~W>DE p_U8L[C _$7REET rN !` ~.
,n ~' ~."2 ACRES
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17Q$TlNO 60 Fr. WB3E PUBLIC ~ ~
ROAD EASElv1EM ~ ~
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LEE C~ VOELKEL.p I I 26001 ACRES
'"~ t 3909 ~ tQ, *~ 1-t~oZtt~
Vetecans[snd Bond o(Texas to ICoesllaa
~ti %°F~S Sto~.?y0 ,~¢-o~ay` ~•'~~ ~ 8 ACRE Yolome US PaBc t[9
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A ~ 56'00'
I hacby artily ttut this p/ts an ,cc4ntc ~~~~O~y2J ,\\' 3~_ R~346.ts
leprlxentattoa or the property sho/m and durn'bcd . \ A ~^ 371.72'
hereon u determined by • wrvey made on the ~0 \ ~~ LC ~ SJ8•SO'W.
8a+nd uadu mY direction and supervision. except C I) '9Q \ ~ 325.01'
no survry war made b reestabtlsh Palent Stuvcy ~ -~
tines or corutr, dad that all property wrncrs arc u fJ p~-4t~g \
shovrn G3~~o'T ~
Dated this 27th day olMay 199J ~ ~O• o6'I ~\ ~ r\ .N ~~
~~~ ., ~ `') 1 ~;j"~ j +," ,~ /t KERRVILL.ESOUfHRANCitES \~ !O• 2~• ~5 ~{'`-'(
NO.ONE \`SO~ `~ N ~1~,
i.oe C. Yoctkd ~ Volume 3 Page 40 /
Reatstcred Professional Land Surveyor No. 3909 \\
Coumy Surveyor for Kcrr County, Tends \ \
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-~ ~`?'a.Gti<:]l I`r~i'~. ~'IIG~ilan~.':~ K~ Y1I~N;'~Ci~i~.•1 • PHUNE 110 "2L/-3313 • 2T2 CLAY STREET, KERRVILLE, TEXRS )8028
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Copyright (C) 1999, Maptech. Inc.
Headwaters Monitor Well #11 Agreement With Kerr County Page 4 of 4
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By
coley, Kerr County Judge
State of Texa
County of f _~
This instrument was acknowledged before me on this
~_Day of , 2007
fr-` _ _
~~ ~~ "
~,,?~n,'r'~°j~,,,^ ELSA TREVINO
-~,.~.,,_--._-.g~~-~-~-._ `° °: Notary Public, State of Texas
o ary Public, ate Of Texas , ;~`~;~qc My Commission Expires
•~4, ~~.;;"`" Jul 15, 2008
HEADWATERS GROUNDWATER CONSERVATION DISTRICT
GRANTE
Elliott
ident, HGCD
State of Texas
County of ,~,~ ,~ r
This instrument was acknowledged before me on this
r ~ ~ Day of c~~~ vs°~ , 2007
.mac L.. U~
Notary Public, State of Texas
y~~` n hi-a-q
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