Staples

Guadalupe County, TX

Status: Not Located

Year Established: 1860s

Council of Governments: AACOG

Public History: I and several others have been working to see that the Staples African-American Cemetery is preserved. A two-acre tract of land was sold to the Methodist Protestant Church Col. in Staples, TX in 1905 “for a place of Worship, and for burial Purposes.” The church closed in the late 1950s or early 1960s. Burials that I can document continued until 2005. The man who had been looking after the cemetery passed away in 2006. Rev. Jim Walker was one of the original trustees for this cemetery. I researched Reconstruction in Caldwell County in 1866–1867 and Dr. Parker and two freedmen from Lockhart purchased 1,100 acres near Staples from Leo Hardiman; the note was to pay back William Hardiman. They planned to establish a settlement there but in 1867 the local people in Caldwell County and Bastrop were told that Dr. Parker “had swindled some people back in Mississippi” and Lt. Plummer was taking Dr. Parker from somewhere to Lockhart and that “Parker tried to escape and he shot him.” The other two freedmen deeded the land back to Leo Hardiman but he didn’t file it for about 20 years. Hardiman’s land was foreclosed (because he had been making all his money from slavery) and someone else bought the land. The oldest marked grave in the cemetery was 1895. Around 2010 the Guadalupe County Appraisal District decided to classify the property as taxable because they did not have a tax exempt application in their files. GCAD really didn’t know who to approach regarding the cemetery at that time. Guadalupe County and the San Marcos Consolidated School District started taxing the property. They taxed it for about 10 years. In 2019, Guadalupe County attempted to find the owner who turned out to be the United Methodist Rio Texas Board of Trustees, Successors to the Methodist Protestant Church. I have documentation that the United Methodist Rio Texas Board of Trustees didn’t want to pay the back taxes, apply for a tax exemption, and offered to help Guadalupe County with a title so it could be sold in a foreclosure sale. Tax assessor implied that he had a buyer before the discussion took place before the foreclosure, according to emails that the CAD sent to her. The property sold in August 2019 at a sheriff’s sale. Rev. Nobles with the Methodist Church helped the CAD get a clear title. I learned it had sold in March 2020 and contacted relatives of those buried in the cemetery, Guadalupe County officials, and the Texas Historical Commission. I filed a Notice of Existence of Abandoned or Unknown Cemetery and sent a copy to the owner of record and the THC. Last week I was told the two-acre tract is for sale, and the ad states the cemetery is on 1/3 acre. This is a link to the ad: 11011 FM 621, Staples, TX 78670 – HAR.com I have documented 128 burials in the cemetery and have found 21 headstones three of which are unreadable. Some of us wonder how the owner determined that all of the graves are on the 1/3 acre with over 100 unmarked graves. In fact, we are not certain all of the headstones are within that 1/3 acre. Chapter 711 of the Texas Health and Safety Code states a cemetery is tax exempt yet the appraisal office says a tax exempt application must be filed and approved. (Guadalupe County and the Comal ISD were taxing another cemetery, but descendants have now filed a tax exempt application.) Apparently the United Methodist Rio Texas Board of Trustees never challenged the taxation of the cemetery although the Texas Health and Safety Code states in 711.035 (e) (1) “All property of a dedicated cemetery, including a road, alley, or walk in the cemetery: (1) is exempt from public improvements assessments, fees, and public taxation;” My Guadalupe County Commissioner and the GC tax assessor provided helped me a little. They said the property owner (Wes Dixon, Pavement Enterprises LLC) was aware that it was a cemetery when he purchase it. The word “cemetery” was not included in the deed of sale from the Sheriff’s auction. He’s done a good job cleaning it up. She has tried to mail the Notice of Existence to a Wes Dixon in Kyle – certified letter was not accepted at the company PO Box the first time, but someone did accept it the second time at an address in Kyle. I have been talking to Jenny McWilliams at THC; she said she had not read all the emails or real estate ad about the black cemetery when they last spoke. I have emailed THC and talked to them numerous times. Jenny said Peggy should call the real estate agent. I emailed scans of all of the documents I have. Yesterday, THC went back to asking why the cemetery was taxed in the first place. I had an attorney who researched the sale for loopholes, but didn’t find any. He also had a research attorney look into law cases involving cemeteries.” AKA Pleasant Hope (FindAGrave says Pleasant Rest, but she says that’s not right)

Community History: She previously put wreaths on the Staples Black Cemetery fence with a note saying they were to honor black veterans that she knows are buried there. She has talked to the great-grandson of original trustees. She used to run a public water system there and the great-grandson is a septic installer. They walked to the rear line of the cemetery property earlier this week with a tape measure and think the headstones may extend farther than 1/3 acre. Some “indentions” in the front may or may not be grave depressions. Property price is kind of high for that area but it has drawn a lot of interest by potential buyers. Another cemetery (German) in Guadalupe County are being taxed, she has found out. GCHC was asked to look into it but a former mayor and his son (also a former mayor) got involved and got that taken care of. The GCHC did not show any interest in the black cemetery.