ORDER NO. 15002 ORDER ESTABLISHING POLICY FOR DETERMINATION OF ELIGIBILITY FOR BURIAL IN THE TURTLE CREEK CEMETERY On this the 11th day of April, 1983, came on to be considered before the Court the matter of establishing a policy for determination of eligibility for burial in the Turtle Creek Cemetery. It appearing to the Court that the Turtle Creek Cemetery property was conveyed to Kerr County by the Kerrville Independent School District by deed dated April 26, 1977 and recorded in volume 196, page 377, Deed Records of Kerr County, Texas; and further that said deed contains restrictions requiring Kerr County to maintain the cemetery as a place of burial for past, present and future residents of the Turtle Creek community. It also appearing to the Court that heretofore there has been no formal criteria for procedures to compliance with said requirements, it is ordered on motion by Commissioner Holland seconded by Commissioner Guthrie and unanimously approved by the Court that all future requests for burial in the Turtle Creek Cemetery be referred to Julius R. Neunhoffer and/or George A. Holekamp of the Turtle Creek Community, who are hereby designated by the Kerr County Commissioners' Court to act on its behalf for the specific purpose of determining eligibility for burial in the Turtle Creek Cemetery as required by the conveyance as set out above. It is further ordered by the Court that the Clerk of the Court furnish certified copies of this order to Julius R. Neunhoffer, George A. Holekamp, and to local funeral homes for their information and compliance. '77197 DEED Q(~, 196 pA6E 377 THE STATE OF TEXAS S COUNTY OF KERR S KNOW ALL MEN HY THESE PRESENTSr That, KERRVILLE INDEPENDENT SCHOOL DISTRICT, acting herein by and through its duly authorized President of the Board of Trustees, for and in consideration of the sum of TEN AND NO/100TH5 ($10.00) Dollars and other valuable consideration to it in hand paid by KERR COUNTY, TEXAS, the receipt whereof being hereby acknowledged, has until the time hereinafter stated, GRANTED, SOLD AND CONVEYD, and by these presents does GRANT, SELL AND CONVEY unto KERR COUNTY, TEXAS, and for the purpose that such property is used and maintained as a cemetary for the interment of present, former or future residents of the Turtle Creek Community area, ar the descendants of such residents, without discrimination against any such resident because of race, color, sex or national origin, all that certain tract or parcel of land in Kerr County, Texas, described as follows: Being out of and part of that ceztain three (3) acre tract of land out of Survey 1845, J. F. Hird, Abstract Number 1058 conveyed by James Spicer to P. W. Ridgeway, J. D. Ramsey and Arthur Real, School Trustees of District Number Six, Kerr County, by instrument dated the 13th day of June, 1892, and recorded in Volume R at page 32, Deed Records of Kerr County, Texas= being that portion of the afore- said three (3) acre tract, lying to the north of Farm to Market Road 1273 from the midpoint of such roadway and comprising two (2) acres of .land, more or less, and being the property on which the Turtle Creek Cemetery is presently located, subject to all ease- ments presently enforced. SAVE AND EXCEPT AND THERE IS HEREBY RESERVED unto Grantor, its successors and assigns, all of the oil, gas and other minerals in, on and under and that may be produced from the above described proeprty, to- gether with the right of ingress and egress at all times for the purpose of mining, drilling, explorlnq, operating and developing said land for oil, gas and other minerals and removing the same therefrom. This conveyance is made and accepted upon the further covenant, consideration and condition that the following restrictions shall in all things be observed, followed and complied with: (a) The above described realty, or any part thexeof, shall not be used in the operation of, or in conjunction tion with, any school or other institution of learning, study or instruction, which discriminates against any person because of his race, color or national origin, regardless of whether such discrimination be effected by design or otherwise. `.: i ~: i; ~., i.~ I' ~ • . • • • • ~ ~t1L 196 PAGE spa (b) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunc- tion with. any school or other institution of learn- ing, study or instruction which creates, maintainer reinforces, renews, or encourages, or which tends to create, maintain, reinforce, renew or encourage, a dual school system. "These restrictions and conditions shall be bind- ing upon grantee, Kerr County, Texas, its successors and asaigna.for a period of fifty years from the date hereof? and in cane of a violation of either or both of the above restrictions, the estate herein granted shall, without entry or suit, immediately revert to and vest in the grantor herein and its successors, this instrument shall be null and void; and grantor and its successors shall be entitled to immediate possession of such premises and the improvements thereon? and no act or omission upon the part of grantor herein and its successors shall be a waiver of the operation or enforcement of such condition." "The restriction set out in (a) above shall be construed to ba for the benefit of any person pre- judiced by its violation. The restriction specified in (b) above at~all be construed to ba for the benefit of any public school. district or any person prejudiced by its violation." ..~ TO HAVE AI!tD TO HOLD the above described premises unto the said Kerr County, R'exas, its successors and assigns, ea long as such pro- pi~rty is used and maintained as a cemetery for the interment of present, former or future reaidenta of the Turtle Creek Commun.tty area, or the descendants of each reaidenta, without diecrim.tnation against any such resident be•:auae of race, color, sex or national origin? and , whenever the Y;erein describe8 property shall cease to be used fnr the aforementioned purposes, then and thereupon, this conveyance shall be null and void and the said land and premises shall absolutely revert without any necessity for suit or re-entry ,~~ by the grantor herein, its successors or asaignaj and no act or omission on the part of any of them shall be a waiver of the operation or enforcement of such limiation and/or condition. But it is distinctly UNDERSTOOD AND AGREED that thin conveyance is made and accepte8 without covenants or warranty of any kind, either express or implied. EXECUTED this ,i/r~~/ day of nI•i ~ , 1977. KERRVILLE INDEPENDENT SCHOOL DISTRICT By t ~ r dney C. it e President, Board of Trustees THE STATE OF TEXAS S COUNTY OF KERR S POL 796 PAGE s79 BEFORE ME, the undersigned authority, a Notary Public in and for Xerr•County, Texas, on this day personally appeared SIDNEY C. ZIRKEL, President of the Board of Truate~a of Kerrville Independent School District, known to me to be the person whose Hama is sub- scribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein ex- pressed, and as the act and deed of the said Kerrville Independent School, District, and in the capacity therein stated. " G~~. tiUNDER MY HAND AND SEAL OF OFFICE, this the ,t~/A day of ._ ~~,i•: ~ . `~. ~ , A. D. 1977. ~ r~1~' e,, ,'~ j ~~~ /s/. ~ • • •~ i .. ~~ ; to Pu c, Kerr County, Texas. ~ o ~~ ,~ fl ///'. ~, <