!•~ COMMISSIONERS' COURT AGENDA REOUEST lal~o~1.~ PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: H.A. "Buster" Baldv~ MEETING DATE: December 12, 2005 'OFFICE: Commissioner, Pct. 1 TIME PREFERRED: SUBJECT: Discuss, consider and take appropriate action on ownership and maintenance of Turtle Creek Cemetery. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Commissioner, 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: Meeting scheduled for Mondays: 5:00 P.M, previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 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, ~, << KERB COUNTY ATTORNEY REX EMERSON COUNTY COURTHOUSE, SUITE BA-103 ~ 700 MAIN STREET KERRVILLE, TEXAS 78028 December Z, 2005 Buster Baldwin County Commissioner Precinct I RE: Turtle Creek Cemetery Dear Buster: It appears to me that Kerr county owns the land so long as it is "used and maintained as a cemetery..." / ~~~ ~'~~ Rex Emerson MAIN NUMBER (830) 792-2220 ~ HOT CHECKS (830) 792-2221 ~ FAX (830) 792-2228 CONSOLIDATED OFFICE SYSTEMS SAN ANTONIO KERRVILLE (Locution U JLocation 2) 840 W. RHAPSODY 1228 BANDERA HIGHWAY SAN ANTONIO, TEXAS 78216 KERRVILLE, TEXAS 78028 (210)377-3500 (830) 792-3500 FAX (210) 377.3541 ® FAX (830) 896-5794 1-800-388-4843 1-800-986-9880 ,~ ~c1'~C~~ r~~ ~' w"" ~ ~,~ ` ~~- ,~ ~ ~ ~~ G ~'.- ` .~ ~"~~ ~' ~~ ~~ ~ 377-3.~~> ~ - Office Supplies / F ai~iii~ "Offe)~iizg you the me ~ ~ ~ ~~ ~_ ~ _ ~;'", ~~ ~~ f bb ~~ ~ ,~ ~,. ~ `~ ~~ ~Z1~ DEED ~, 196 PAGE 377 'j'9C :STATE OF TEXAS S KNOW ALL MEN HY THESE PRESENTS: mvmxY of I(ERR S ghat, KERAVILLS INDEPENDENT SCHOOL DISTRICT, acting herein by and thTOUgh its duly authorized President of the Board of Trustees, Eoz and !n consideration of the avm of TEN AND NO/100THS ($10.60) Dollars and other valuable consideration to it in hand paid by KERB COUNTY, TEXAS, the receipt whereof being hereby acknowledged, has until the time hereinafter stated, GRANTED, SOLD AND CONVEYD, =``t'"`- an3bq these presents does GRANT, SELL AND CONVEY unto XERR COUNTY, TEXAS, and for the purpose that such property is used and maintained as a cemetery £or the interment of present, former or future residents of the Turtle Creek Community area, or the descendants of such residents, without discrimination against any such resident because of race, color, sex or national orlgi'n, all that certain tract or parcel of land in Rerr County, Texas, described as follows: Being out of and part of that certain three (3) acre tract of land out of Survey 1845, J. F. Bird, AbstractNUmber 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, Texasj 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 ali 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, exploring, operating and developing said land for oil, gas and other minerals and removing the same therefrom. This conveyance ie 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 descxibed 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. ~. -; ,~,.- ~~~ QQt, 1H6 PAGE 378 (b) The above-described sanity, or any part thereof, shall not bsneed in the operntion of, or 1n conjunc- tion with,any school or other institution of learn- ing, etudyos instruction which createsr maintains, reinforces, renews, or encourages, or which tends to create, maintain, reinforce, renew or encourage, a dual actaolsyatem. 'These restrictions and conditions shall be bind- ing upon grantee, tterr County, Texas, its successors and aesigne.fora period of fifty years from the date hereof and in ease 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 succesaora, this instrument shall be null and void; and grantor and its successors shall be entitled to immediate posaesaion of such premises and the improvements thereon! and no act or omission upon the part of grantor herein and its auceesaora 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 shall ba construed to be for the benefit of any public school. die trict or any person prejudiced by its violation." TO HAVE AND TO HOLD the above described premises unto the said Kerr County. Texas, its successors and assigns, en long ae such pro- porty Sa used and maintained ae a cemetery for the interment of praeen t, former or future residents of the Turtle Creek Commun.lty area, or the deecendante of such residents, without diecrim.lnation against any each resident be.~auee of race, Dolor, sex or national origins and , wliE never the herein described property shall cease to be used for 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, Ste successors or assigned 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 ie distinctly UNDERSTOOD AND AGREED that this conveyance is made and accepted without covenants or warranty of any kind, either express or implied. r7 EXECUTED this ,~G ~h day of ~Dri~ ~ , 1977. KERRVILLE INDEPENDENT SCHOOL DISTRICT ~ R ~ By: idney C. rkel {~ President, Hoard of Trustees ~, • , THE STATE OP TEXAS S ~ 196 QA~E 379 COUNTY OF RERR S BEFORE 1~, the usdeseignad authority, n Notary Public in and for Kerr .County, Texas, on this day personally appeared SIANEY C. 2IRKEL, President of the Hoard of Trustees of Xerrville independent School District, known to me to be the person whose Hama is aub- acribed to the foregoing instrument and ncknowledged to me that he executed the same for the purposes end consideration therein ex- pressed, and ae the act and deed of the said Kerrville Independent School, District, and in the capacity therein stated. ~.~ #~,UNDER MY SAND AND SEAL OP OFFICE, this the ~~~~ day of .. , A. D. 1977, .. • `" A N + ~ ^` f FILED FOR RECORD APR 2, R 1977 EMMIE M. MUENaktt Cleg',~/i^~~~'^ty n, ^ eyr!rti~ . ~ N to ~ Pu cci- ,~~~ Kerr County, Texaa. ,w:-. Filed for record Aril 28, 1977 at 8:50 A,.M . Recorded May 3, 1~ EMMIE M. MUENKER, Clerk Hy ~ /,Lr~ieocca~ Deputy ORDER N0. 12975 ACCEPTANCE OF DEED TO TURTLE CREEK CEMETERY PROPERTY On this the 25th day of April 1977, upon motion made by Commies loner Lich, seconded by Comtaise loner Sallee, the Court unanimously approved the acceptance of the deed from the Kerrville Independent School District to the Turtle Creek Cemetery Property, as per bid specificat lane and restrictions, including the respone ib ility for maintenance thereof.