ORDER N0.31391
ALLOW HEADWATERS GROUNDWATER CONSERVATION DISTRICT TO
DRILL A MONITORING WELL
Came to be heard this the 10th day of August, 2009, with a motion made by
Commissioner Oehler, seconded by Commissioner Letz, the Court unanimously
approved by a vote of 4-0-0 to:
Approve Headwaters Groundwater Conservation District drilling a monitoring well on
Lower Reservation Road, located in Precinct 4.

,313~'J
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Gene Williams
MEETING DATE: August 10, 2009
OFFICE: Headwaters Groundwater
Conservation District
TIME PREFERRED: 9:30 AM
SUBJECT: Consider, discuss and take appropriate action to allow Headwaters
Groundwater Conservation District to drill a monitoring well on Lower Reservation
Road, Pct. 4.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Gene Williams
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:
Meeting scheduled for Mondays: 5:00 PM previous Tuesday
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
@ .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 CONSERVATION DISTRICT
125 Lehmann Dr Ste 102 Kerrville, Texas 78028 Phone (830) 896-4110
www.h _ c~ dorg e-mail h~cd(a~hgcd.org
August 5, 2009
Kerr County Commissioners Court
700 E. Main Street
Kerrville, Texas 78028
RE: Monitor Well Drilling
Kerr County Judge Pat Tinley
Commissioner H. A. "Buster" Baldwin
Commissioner William "Bill" Williams
Commissioner Jonathan Letz
Commissioner Bruce Oehler
For the benefit of aquifer research in Kerr County, the Headwaters Groundwater
Conservation District respectfully requests your permission to drill a monitoring
well on Kerr County property. The requested site is approximately one mile west
of Hwy 479 on Lower Reservation road. I have enclosed our standard "Right of
Entry, Construction Permit, and Surface Use Agreement" for Judge Tinley and
our Board of Directors President to sign if you are in agreement to allow
Headwaters GCD to drill this well.
Thank you for your time to consider this important matter.
Gene Williams
Headwaters GCD General Manager
#31391
Headwaters Groundwater Conservation District Monitor Well #13 Agreement
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 the benefit of aquifer
research in Kerr County Texas, 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 the Grantor'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.
Page 1 of 4
Headwaters Groundwater Conservation District Monitor Wel] #13 Agrcemet~t
Grantor and Grantee agree that after twenty-five (25) years from the date hereof
it will be the Grantors option to renegotiate the agreement or assume ownership
of the well and produce it in accordance with District rules. 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.
Page 2 of 4
Headwaters Groundwater Conservation District Monitor Well #l3 Agreement
Exhibit A
OWNER	Kerr County Texas _ _ _______________ __~
	
	

PROPERTY DISCRIPTION	.76 acres of Land, more or less, out of I.R.R. Co.
survey No. 1, abstract No. 208 In Kerr County Texas
SITUS ADDRESS	One mile west of Hwy 479 on Lower Reservation Rd.__
SURFACE ELEVATION	2181 _____.__ __
_
GPS LOCATION LAT	30 14 33.56 _
LONG	99 20 36.50 __ _
_
GRID	56-54-1
See Attached Map/Plat:
Page 3 of ~'
Headwaters Groundwater Conservation District Monitor Well #13 Agreement
Kerr County, Grantor

By , -..
J at ey, err County Judge
State of Tex
County of ~~~
This instrument was acknowledged before me on this
_ ~ ~ Day of ~ ~C~„ ~ , 2009
ry-P~tilic, State of Texas
z~~r`'E`~~ ~sn>REwNo
~~;:~ MY COMMISSION EXPIRES
~.~„~~, ' July 15, 2012
HEADWATERS GROUNDWATER CONSERVATION DISTRICT
By
Grantee, Diane McMahon
President, HGCD
State of Texas
County of
This instrument was acknowledged before me on this
Day of , 2009
Notary Public, State of Texas
Page 4 of 4
SURVEY PLAT FOR 0.76 ACRE OF LAND, MORE OR LESS, OUT OF LR.R.
CO. SURVEY NO. 1, ABSTRACT NO. 208 IN KERB COUNTY, TEXAS;
THAT SAME LAND CONVEYED FROM FERDINAND TATSCH TO KERR
COUNTY BY A WARRANTY DEED EXECUTED THE 1ST DAY OF
MARCH, 1954 AND RECORDED IN VOLUME 96 AT PAGE 135 OF THE
DEED RECORDS OF KERR COUNTY, TEXAS
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TRACT 3: 106.3 ACRES
Esquell to EsquelI
Vol. 981 Pg. 448 (Real Property Records)
11/12/98
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I hereby certify that this plat is an accurate representation of the
property shovm and described hereon az determined by a survey
made on the ground under my direction and supervision, except no
survey vvaz.made to rastablislt Patent Survey lines or comers; all
property comers are az shown. (Hearing basis ° True north based
ort GPS observations)
Date Surveyed: July 27, 20D9 "^''
Dated this 4th day of August, 2009 !~f`4~~ C°,rt'~F
1 t i ;:: ~ 4, tir~~
Registered Professional Lattd Surveyor No. 3909 ~~~" '> p°309
County Surveyor for KerrCounly,Texaz %:° ; 8SS2
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Date: 8/5/2009
Scale: 1 inch equals 2000 feet
Gopynght (C) 1999, Maptech, Inc.