R-79-207 - 5/10/1979Three D Company o�.y
r �
Industrial Service Division of Southern Sierra Corporation
P. 0. Box 623, Round Rock, Texas 78664
512 -255 -7885 or 817 -386 -3181
Ms. Nancy K. McBeth
The City of Round Rock
214 East Main Street
Round Rock, TX 78664
Dear Ms. McBeth:
KAS:pm
Enclosure
May 9, 1979
Re: Drilling Rig ROW
Enclosed herewith is the executed legal instrument.
I trust you will find this in order; and if there is
anything further you need, please let me know.
Yours truly,
THREE D COMPANY
/
K. A. Sparks
'dim u v: i;� I /
paRNon pROpEatiEs
Mr. Robert L. Bennett, Jr.
City Manager
City of Round Rock
214 East Main Street
Round Rock, Texas 78664
May 2, 1979
Dear Bob:
Enclosed is the executed easement, with
one change noted in the attached addendum. Please
see that I get an executed copy for our files.
Thanks very much.
CB /ss
Enclosure
Best regards,
Carl Bu•nette
2030 AMERICAN BANK TOWER, AUSTIN, TEXAS 78701, 512/472 -4171
WHEREAS, the City of Round Rock desires to expand its
present underground water supply capabilities to better provide
for the future needs of the City, and
WHEREAS, the City plans to drill several test wells in an
effort to locate additional underground water sources, and
WHEREAS, the Owners of several tracts of land have agreed
to execute an agreement with the City to allow the drilling of
a test well on their property, and
WHEREAS, the City desires to enter into these agreements as
they are signed by the respective owners, now therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS
RESOLUTION NO. O 7g
The Mayor is hereby authorized - and directed to execute on
behalf of the City the agreements to allow the drilling of test
wells; a sample said agreement -is attached hereto and incorpor-
ated herein for all purposes.
ATTEST:
RESOLVED this
�l�/ J
J NNE LAND, City Secretary
day of
1979.
1. 1 '
LAT Y — ' IN 'Mayor
City of Round Rock, Texas
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This agreement, made this day of
by
owner of the land hereinafter described and hereinafter referred
to as "Owner ", and the City of Round Rock, Texas, hereinafter
referred to as "City," is as follows:
WHEREAS, the City desires to expand its present underground
water supply capabilities to better provide for the future needs
of the City, and
WHEREAS, the City plans to conduct several test wells in an
effort to locate additional underground water sources, and
WHEREAS, Owner owns certain land hereinafter described which
is a potential site for a water well, and
WHEREAS, Owner and City wish to enter into an agreement whereby
the City can drill a test well on Owner's property, and
NOW, THEREFORE, in consideration of the premises, one dollar
($1.00) and other valuable consideration, receipt of which is hereby
acknowledged, it is hereby declared, understood and agreed as
follows:
1. Owner hereby grants to City a right -of -way over and upon
the property described in Exhibit "A" attached hereto, to erect,
and maintain a drilling rig to drill a test well for water.
2. This easement shall revert to Owner on the expiration
of one hundred twenty (120) days from date hereof, unless a test
well has been completed and water of producing quantities has
been discovered.
3. If water of producing quantities is discovered, Owner
agrees to grant, sell and convey to City, fee simple title to a
sufficient portion of the subject property to construct, maintain,
and repair a water well, water pump and water line or lines.
4. After all test drilling has been completed, and if
water in producing quantities is not discovered, City agrees
that the surface of the ground shall be restored to its natural
condition as near as is reasonably possible.
5. Any damage done to any improvements on the property
shall be paid by the City to the Owner.
6. Owner warrants that he has full right and lawful authority
to make the grant hereinabove contained, and promises and agrees
to defend the City in its exercise of rights hereunder against
any defect in his right to make the grant hereinabove contained.
7. Neither party has made or authorized any agreement with
respect to the subject matter of this instrument other than expressly
set forth herein, and no oral representation, promise, or consider-
ation different from the terms herein contained shall be binding
on either party hereto with respect to the subject matter of this
instrument.
8. Each and every one of the benefits and burdens of this
agreement shall inure to and be binding upon the respective legal
representatives, heirs, executors, administrators, successors
and assigns of the parties hereto.
ATTEST1
JOANNE LAND, City Secretary
Mayor
City of Round Rock, Texas
(Owner)
(Owner)