Order No, 9705
ORDER APPROVING CONTRACT BETWEEN KERR COUNTY
AND CARL D, MEEK FOR PUMPING OF WATER FROM FLAT-
ROCK LAKE AND AUTHORIZING COUNTY JUDGE TO EXECUTE
SAME TOGETHER. WITH AN APPLICATION TO AMEND WATER
PERMIT NO, 1752
On this the 13th day of April, 1964 came on to be heard and considered
by the Court the proposed contract between Kerr County and Carl D. Meek where-
by Kerr County would grant the said Carl D. Meek the right to pump unappropri-
ated waters not to exceed 200 acre feet per annum from Flatrock Lake, subject
to the granting of the necessary amended permit by the Texas Water Commission
to Kerr County, the right granted being for and in consideration of the said Carl
D. Meek's granting of a deed of conveyance to Kerr County of a land area abut-
ting Flatrock Dam, the said land area to be used for a public park and recrea-
tional area; anal it appearing to the Court that it would be advantageous to Kerr
County to accept the proposed offer of Carl D. Meek as set forth in the proposed
contract 'submitted this date to the Court, it is ordered on motion by Commis-
sioner Schwethelm, seconded by Commissioner Witt and unanimously approved
by the Court that Kerr County enter into the proposed contract and that the
County Judge be authorized to execute the same for and in behalf of Kerr County,
whereupon the said contract shall be recorded in the minutes of this Court;
And ii is further ordered that the County Judge be authorized to exe-
cute an application to the Texas Water Commission to amend Kerr County's
existing water permit No, 1752 so as to provide for the use of otherwise unap-
propriated waters from Flatrock Lake for irrigation purposes, said use not to
exceed 200 acre feet per annum;
And it is further ordered that the said Carl D, Meek be provided with
three certified copies of this order,
o-o-c
THE CTr',TL GF T'~'~u~,> ~
COLii,11';.' OF' T`Ek'r: ~ I, Ei.I•;I3 Pi. rll~"ivr:Ei;, Clerk of the County
Court and Ex-o2:icio clerk of the Coamissioner:--:' Court of Kerr County,
Texas, do hereby certify t1.at the above and i=oreLoin~r is a true ano
correct cor_~y of Ol,i c:r PdG. 9705 ,,ase;ed by the Comr:iissioners' Court on
the 13tTi day of Argil, r"i.L. ;'%64 as tyre sai<<e ap_ emirs of rtecorci ais
manifest in the I.linutes of the Coru;rissioners' Cpt!rt'~f Kexwf~ Cuuilty,
TevaG.
ITS Ti:=TLrOr;l 1~TE:~i'-01•' I nave hereunto ~et`rr.} hand anc~ sell of o~iice
at Kr~rrvi~le, Tex s on this 13th ray ~ Ar~ri1 A.L. 1'964. ~'
1, a iIc, r,.. T _UI.i~JftiLl, -~ ..
Cleric County Court aid Er'-cf.l icio ClFrl:
Kerr County, Tex s
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THE STATE Ofi TEXAS d
COUNTY OF KERR ~
THIS CONTRACT by and between KERR COUNTY, TEXAS, a governmental
sub-division of the State of Texas, acting herein by and through its
County Judge, Julius R. Neunhoffer, hereunto duly authorized by order
of the Commissioners Court of said County dated the 13th day of
April , 1964, and recorded as Order Number 9705 ,
in Volume M , at page 14$ of the Minutes of said Court,
hereinafter referred to as Party of the fiirst Part, and CARL D. MEEK,
of Kerr County, Texas, hereinafter referred to as Party of the
Second Part,
W I T N E S SET H:
WHEREAS, Farty of the First Fart is the owner of an impound-
ment created on the Guadalupe River by a Flood Control Dam construct-
ed by Party of the First Part at Dam Site "D", such dam being con-
structed by Paxty of the First Part pursuant to Permit No. 1752
issued by the State Board of Water Engineers {now the Texas Water
Commission) on the 1st day of June, 1955, and such impoundment being
commonly known and referred to as "Flatrock Lake"; and
tiNHEREAS, the aforesaid Permit No. 1752 provides for the con-
struction of said dam and the creation of said impoundment for
purposes of recreation and flood control; and
WHEREAS, Party of the Second Part is desirous of pumping
unappropriated flood waters from said "Flatrock Lake" for the
purpose of irrigating lands owned by him located adjacent to and
in the vicinity of said Lake;
NOW, THEREFORE, KNC'N ALL MEN BY THESE PRESENTS, that, for and
in consideration of the premises and the covenants and conditions
hereinafter stipulated, Party of the First Fart and Party of the
Second Part mutually agree as follows, to-wit:
I
Party of the First Part does hereby grant unto Party of the
Second Part the perpetual right to pump a maximum of Two Hundred
-1-
(200) acre-feet of unappropriated flood waters per year from the
aforesaid "Flatrock Lake", subject to the limitation hereinafter
provided in Paragraph V, for the purpose of irrigating lands owned
by Party of the Second Part located adjacent to and in the vicinity
of said Lake; such lands being situated in Kerr County, Texas, and
described generally as follows: 57.932 acres out of Survey No. 67,
D. Schauchard; 156.454 acres out of Survey No. 66, Wm. Watt, and
Survey No. 65, Wm. Watt; 8.298 acres out of Survey No. 65, Wm. Watt,
and 267.36 acres out of Survey No. 65, Wm. Watt, and Survey No. 66,
Wm. Watt.
II
Party of the First Part does hereby agree to make application
to the Texas Water Commission requesting that the aforesaid Permit
No. 1752 be amended to include irrigation as one of the purposes
for such dam and impoundment. Party of the Second Part agrees to
bear all of the expense incident to the preparing and filing of
such application, and the securing of such amendment to said permit,
and Party of the Second Part further agrees to prepare and return
in behalf of Party of the First Fart the annual water report re-
quired by the said Texas Water Commission.
III
Party of the Second Fart covenants and agrees, as a part of
the consideration moving to party of the First Part, to execute and
deliver to Party of the First Part a Deed conveying in fee simple
to Party of the First Part the following parcel of land now owned
by Party of the Second Part, to-wit: Being located on the South
bank of the Guadalupe River, and abutting on the South end of said
Flat Rock Dam; being approximately 200 feet in width measured as
follows: approximately 60 feet upstream from the center of said
Dam and approximately 140 feet downstream from the center of said
Dam; and extending back between parallel lines to the North line
of the relocated right-of-way of Farm-to-Market Highway No. 689.
Such conveyance shall be made and accepted for the purpose of a
public park or recreation area, subject to the terms of Paragraph VII
-2-
hereinafter set forth and subject to the following conditions, to-
wit: Party of the First Part shall maintain said property so that
the same shall be accessible at alI reasonable times to the members
of the general public, no commercial business enterprise of any
nature shall be permitted to locate and operate upon said property,
and Party of the First Part shall keep said property free of all
trash, litter and debris.
IV
Party of the First Part agrees to furnish the necessary wire
and posts and Party of the Second Part agrees to furnish the labor
in erecting a substantial fence around said property. Such fence
shall be maintained, repaired and replaced, as necessary, by Party
of the First Part.
V
Party of the Second Part shall be permitted and shall have
the right to pump a maximum of Two Hundred (200) acre-feet of
water per year from such impoundment, as hereinabove provided. It
is specifically agreed and understood, however, that Party of the
Second shall cease to pump and use said waters at any time the
flow of water over and across the spillway of said Dam measures
not more than one inch (1") in depth, and shall continue such
cessation of use until such time as the depth of such flow rises
above one inch (1"). It is the desire and intention of the parties
to maintain and preserve at all times a spillway flow of at least
one inch (1") in depth; such depth being deemed and agreed by the
parties to be the average annual normal flow of said river over and
across said spillway. The measurement of such flow may be made
with a common ruler graduated in inches, and shall be made at the
horizontal center of said spillway. Party of the First Part, its
agents and representatives, shall have the right at any and all
times to make measurements of such spillway flow, and Party of the
Second Part, upon determining or being informed that such flow has
receded to a depth of not more than one inch (1"), shall immediately
-3-
cease his use of such waters, and shall not resume such use until
determining or being informed that said flow has risen to a depth
of more than one inch (1").
VI
It is mutually agreed and understood that the granting of the
above-mentioned amendment to Permit No. 1752 by the Texas Water
Commission to include irrigation, and the granting of a Contract
Permit to Party of the Second Part by said Texas Water Commission,
are conditions precedent to this contract becoming effective and
binding upon the parties hereto.
VII
It is further mutually agreed and understood that, in the
event either of the aforesaid permits is revoked, cancelled or set
aside by the Texas Water Commission for any reason other than a
violation by Party of the Second Part of some restriction imposed
upon him, this Contract shall be rescinded, the above-described
land shall be reconveyed to Party of the Second Part, less any
improvements placed thereon by Party of the First Part, and said
parties shall be fully restored to their respective positions exist-
ing prior to the execution hereof.
VIII
This contract shall be applicable to and binding upon the
heirs, successors, assigns and legal representatives of the parties
hereto. ,
EXECUTED this the ~ day of , A. D. 1964.
KERR COUNTY, TEXAS,
Party of the First Part

By:
J us R. Neun ffer,
ou~~ty Judge
`C-ttRL D. M-EK, Party~~the°Secon~
Part
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THE STATE OF TEXAS ~
COUNTY OF KERB ~
BEFORE ME, the undersigned authority, in and for said County,
Texas, on this day personally appeared CARL D. MEEK known tome to
be the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same for the purposes
and consideration therein expressed. ;,; ;;
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This /3 ~ day of
Cc~; ~~.( , A. D. 1964. t~ +.
~:
Notar Public, Kerr County, Texas `
THE STATE OF TEXAS p
COUNTY OF KERR ~
BEFORE ME, the undersigned authority, on this day personally
appeared JULIUS R. NEUNHf1FFER, County Judge of Kerr County, Texas,
known to me to be the person and officer whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed
the same for the purposes and consideration therein expressed, and
in the capacity therein expressed, as the act and deed of said
county.
j" GIVEN UNDER MY HAND AND SEAL OF OFFICE, This /_3 r day of
L~~-~,;,f A. D. 1964.
/~-i
Notary ublic, Kerr County, texas

,. rY,

KERR AUNTY, TEXAS
AND
CARL D. MEEK
CGNTR.yCT

r

ROBERT R. BARYON
ATTORNEY AT LAW
Kerrville, Texos
n .1 .