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34-55-Resolution Recorded 2/8/1980Im r vot BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON FOR DESCHUTES COUNTY In the Matter of ) Improved Order of Redmen ) RESOLUTION Cemetery Acquisition for ) La Pine ) WHEREAS, the Board of County Commissioners finds that: 1. The Great Council of the United States Improved Order of Redmen (hereinafter referred to as "the Great Council") has offered through their attorney, James Drew, Esq., to donate the following -described real property to Deschutes County (hereinafter referred to as "the property"): The Southwest one-quarter of the Southeast one-quarter (SW -4 SEI -4), Section 7, Township 22 South, Range 11 East of the Willamette Meridian, Deschutes County, Oregon so long as the same is used exclusively for cemetery purposes as set forth in that Act of Congress of March 1, 1907 (34 Stat. 1052) entitled, "An Act to Authorize the Sale of Public Lands for Cemetery Purposes," and 2. The conditions of such conveyance would be substantially those contained in the letter of December 7, 1979, from James Drew, Esq. to Louis Dvorak, County Counsel, which letter is attached hereto as Exhibit "A" and incorporated herein by reference; and 3. A Board named and appointed below has volunteered to be in charge of the property, operate the same as a cemetery and see that the conditions of Exhibit "A" are realized and followed, and in return for such service they ask that the Board agree to convey the property to La Pine, if it is ever incorporated as a city, for use as a public cemetery in compliance with the conditions of the conveyance by the Great Council to the County. NOW, THEREFORE, the Board of County Commissioners resolves as follows: 1. After performance or excuse of all conditions of paragraph 2 below, the Board will accept on behalf of Deschutes County the above-described real property as a dona- tion from the Great Council, subject to the conditions stated in Exhibit "A", provided that no costs of memorials, maintenance, cemetery administration, or any other expense arising in connection with said cemetery shall be borne by Deschutes County, however, Deschutes County will make no charges to the Great Council in connection with transfer of title to the County. 2. The following are conditions precedent to the County's acceptance of the property: a. At least five of the persons listed below must agree by letter received by the Board to serve without pay and be responsible for the proper care, maintenance and administration of the above-described real property as a public cemetery in accord- ance with the requirements of the above -referenced Act of 1907, and use their best efforts to satisfy the other conditions listed below: PAGE -1- RESOLUTION Not 34 wf 56 Jo Burns Earl Burns Jim Ferns Vern Walter Karl Trull Louise Wilson Shirley Yoho hereinafter referred to as "the committee." b. Three or more persons shall form an Oregon non-profit corporation to be in existence at least until the property is conveyed by the County to another political subdivision or municipal corporation. The purpose of the corporation shall be to lease the property, to receive donations, grave digging and registration fees which may be expended only to make all necessary improvements and conduct all maintenance, administration and enforcement of rules and regulations required to assure that the property is used in accordance with the above -referenced Act of 1907 and Exhibit "A." C. There shall be erected a suitable memorial on the property that complies with condition 4 of Exhibit "A." This condition may be waived if the corporation presents plans for such memorial and shows that it has a trust fund or charitable subscriptions sufficient to realize the plans, and that the fund is dedicated to that purpose. d. The corporation shall adopt suitable bylaws to assure that the cemetery shall be maintained in a safe, sanitary and neat condition, and that suitable records of the location and ownership of each and every grave and burial space in the cemetery shall be kept. It may charge a fee to cover the actual cost of maintaining such records, but no more, for the acquisition of burial spaces. e. The corporation shall present to the Board a plat of the cemetery ready for recordation with the County Clerk that complies with all applicable State and County laws. f. The corporation shall adopt a set of rules and regulations for the cemetery. They must prohibit sales of rights in gravesites and burial spaces, and must be approved by the Board before adoption. A set of rules and regulations accept- able to the Board is attached hereto as Exhibit "B," incorporated herein by reference. g. The corporation shall execute an agreement to defend, indemnify and hold the County harmless from all claims, regardless of whether false or fraudulent, arising in any manner from its conduct of the affairs of the cemetery, and to lease the cemetery As provided in paragraph 8 below. h. The corporation shall supply the County with a preliminary title report on the cemetery property by a title insurance company, showing title vested in the Great Council or Deschutes County, and such title must be approved by the District Attorney or County Counsel. 3. Nothing in this Resolution authorizes any person to place any lien or encumbrance on the property other than those contained in the conveyance from the Great Council, or such as the Board may approve in the plat of the cemetery, or its rules and regulations. 4. Nothing in this Resolution allows the alienation of any fee interest in, or creation of any lien upon, the above-described property or any portion thereof by any person after the conveyance of the property to the County. PAGE -2- RESOLUTION PVOL j,% FAcl.r y 5. The donation to the County shall be made to "Deschutes County, a political subdivision of the State of Oregon." 6. Copies of this Resolution shall be mailed to the following: James Drew, Esq. Jo Burns Earl Burns Jim Ferns Vern Walter Karl Trull Louise Wilson Shirley Yoho Robert E. Davis, Great Chief of Records, P. 0. Box 683, Waco, Texas 76703 County Counsel 7. If the conditions of paragraphs 1 and 5 are performed or excused, two years from the date of conveyance of the property to Deschutes County, or promptly after the incorporation of the community of La Pine as a city under the laws of Oregon, whichever is later, the Board intends to convey the property to such city so long as it is used exclusively for cemetery purposes in compliance with the Act. 8. Promptly upon recordation of conveyance of the property, it shall be leased to the corporation for a rental not exceeding the amount of assessments, taxes, fire protection fees, and any other expenses of ownership of the property, if any there be. DATED this 8th day of February 1980. BOARD OF COUNTY COMMISSIONERS c ROBERT C. PAULSON, JR., Commis PAGE -3- RESOLUTION 0 December 7, 1979 Louis Dvorak County Counsel Deschutes County Court House Bend, OR 97701 Re: Improved Order of Redman LaPine Cemetery Property Dear Lou: VOL 34 Pbr.E 58 fames s, drew, afforney stephen n. tiktin, associate RECEIVED DEC 10 1979 Deschutes County Counsel Before the Great Counsel of the Improved Order of Redman will execute a deed conveying the forty (40) acre cemetery parcel to Deschutes County, they have required that an agreement be executed by the Deschutes County Commissioners containing the information that I will list below. Would you please draft an agreement immediately that incorporates these provisions and have it signed by the commissioners. When I receive that executed agreement I will forward it to Waco, Texas along with the appropriate Deed conveying title. The agreement must contain the following provisions: 1. The LaPine cemetery property, described as The South- west one quarter of the southest one quarter, of Section seven (7), Township Twenty-two (22) South, Range eleven (11) east of the Willamette Meridian, .Deschutes County, Oregon, shall be used for the LaPine Community cemetery only and shall be put to no other use. 2. There shall be no charge for gravesites on the property and no income shall be realized at any time from the use of the property other than a fee for digging the grave. 142 nw hawrhorne /po box 1142/bend, oregon 97701/3891041 a 14 4:4—,,A" PW /'l 2 0 VOL 34 PAa. 59 Iames s, drew, attorney Page Two stephen n, tiktin, associate Louis Dvorak �3. A Board will be appointed by LaPine civic organizations to administer and maintain the cemetery. 4. 'There shall be a suitable memorial placed near the existing gravesites of the former members of the Improved Order Of Redman. 5. If all of the terms and conditions recited above are not complied with, the property shall revert automatically to the Great Counsel of the United States improved Order Of Redman. 6. There shall be no cost to the Great Counsel of the United States Improved Order of Redman for transfer of title or any other services involving the transfer of this property. Thank you for your assistance in preparing this final draft for the commissioners. JAMS -,$2,, DREW ndw 142 nw howrhorne /po box ]]A? /bend, or n 97701/3891041 CAt� `A ,� 2 24 -VOL 34 u RULES AND REGULATIONS GOVERNING OWNERSHIP AND USE OF BURIAL AREAS IN THE CEMETERY 1.. Ownership rights are a license to use the space perpetually subject to these rules and regulations. No space may be divided or used for other than interment and memorial monuments or headstones. Should licensee die without devising a space, and if there is no next of.kin who notifies licensor of.the death, and gives the licensor all information reasonable requested as to addresses and names of the licensee's heirs and next of kin, and identifies the licensee's successor in interest in the space, together with satisfactory evidence of ownership, the space shall automatically revert to licensor seven years from the date of death of licensee. Provided, however, that no transfer, assignment or succession to the rights to a space is valid if there is an actual interment in it. a. Restrictions on alienation. A space conveyed or devised to licensor by a licensee or owner thereof on condition that it will be inalienable may be so taken and held by licensor, and interments therein shall be restricted to the persons designated in the conveyance. No space in the cemetery may be sold or alienated by a licensee except by devise or by a declaration of gift approved by licensor and entered in its official records. However, licensees may alienate their rights in spaces to licensor as permitted from time to time by its governing body, subject to these rules. b. Inheritance of spaces. If no interment is made in a space that has been transferred to an individual owner or licensee, or if all remains previously interred are lawfully removed, on the death of the owner or licensee, the space shall descend to the heirs at law of such owner or licensee, subject to the rights of interment of the decedent and his or her surviving spouse. c. Family plots. A group of contiguous spaces transferred to an indi- vidual licensee shall become inalienable and shall be held as the family plot of the owner or licensee when: (1) an interment of the remains of a relative or member of the family of the owner or licensee, or the remains of the owner or licensee, as shown on the records of the licensor is made, and (2) the owner or licensee dies without disposing of the plot by specific devise or by a written declaration entered in the official records of licensor. d. Duty of lateral support. No licensee may raise or lower the surface of a space above or below the level of the surrounding ground except with licensor's written permission. e. Access rights. The public has access to the cemetery grounds over the driveway and walks platted therein at all times for purposes of visiting spaces on foot. Provided, however, that motor vehicles may be driven in the cemetery only upon driveways designated for that purpose by licensor. Also provided, that licensor may, from time to time, without notice, lay out or alter any walk or driveway in the cemetery, or change the layout of cemetery lots not sold or licensed. No tree or shrub may be cut, removed or destroyed without licensor's written permission. f. Interment rights. Licensees shall not allow interments to be made in their lots for any remuneration. Any sign indicating that a space or group of spaces if for sale may be removed and destroyed without notice by licensor or any licensee without liability to any person. No interment may take place before or after sunset, and no interment may take place without a written permit from licensor's authorized agent or officer. Said permit should contain the name, age, date of death and marital status of the deceased. PACE 1 of 3, -EXHIBIT "B" Iva 34 rxf 61 g. Disinterment rights. Disinterment may be made only on written, acknowledged consent of licensor's president, secretary, or agent::- and the sur- viving spouse, children and parents of the deceased, or on order of a competent court. Removal by heirs of interred or cremated remains contrary to the expressed or implied wishes of the original owner or licensee of a space is forbidden. Lack of expression of wishes shall imply a wish that no disinterment take place. 2. No fence, nor any object more than three feet high, three feet wide or three feet long may be installed or erected, nor may any plants, trees, or shrubbery be planted without prior written approval of the governing body of licensor, its successors and assigns, which approval shall not be unreasonably withheld. The power to deny approval and to prohibit construction and planting may be reasonably exercised to conserve space in the cemetery, assure esthetic comparability of new construction and plantings with those existing in the cemetery at the time, and to facilitate maintenance and convenient accessibility of each and every space within the cemetery. Nothing herein shall be construed to require licensor to maintain the cemetery, or any part thereof. Any structure, monument, headstone, planting or other artificial condition caused by an licensee may be abated or prohibited which licensor reasonably finds to be blasphemous, unsanitary, dangerous, obnoxious, offensive, or detrimental to the function or appearance of the cemetery, unless it has approved such structure, monument, headstone, planting or artificial condition in writing. 3. No fence, monument, burial or structure not installed by licensor, its successors and assigns, may encroach on any part of the cemetery outside licensee's space(s) shown on the official records maintained by licensor, its successors and assigns. Each space is approximately five feet by ten feet, and shown on a map that is part of said official records and which is available for inspection by the public upon written request to licensor. Should licensor convey the fee title to the cemetery, it shall deliver the map thereof to its grantee, who shall be responsible for recording the same with the Deschutes County Clerk. 4. Nothing installed by licensee that encroaches on any space not owned by licensee, nor which encroaches on any roadway, common area or alley as shown on the plat of the cemetery described above or as actually exists shall be main- tained 90 days after the mailing of notice as described in paragraph 10 below. 5. All notices mentioned herein may be mailed to the licensee, his representative, attorney, or next of kin at the address shown beneath licensee's signature on the l cense'unless;_it is amended to reflect another. 6. No structure, fence, or decoration may be installed permanently other than a tombstone, monument or headstone made of carved or hewn stone. Wood, metal or cement structures or decorations are prohibited. Provided, however, that bronze tablets are allowed on headstones and stone monuments if they lie flat against the stone. All structures monuments and headstones must have masonry foundations. 7. Only one burial may be amde in each space, and the highest point thereof shall be at least six feet underground. All burials and objects must be at least six inches within the boundary of the space wherein it is installed, and no closer than twelve inches to any object or burial in place in the cemetery at the time of its installation. PA, ?. of. 3, , F HIB&T "B" MX 1 34 io 62, 8. Temporary decorations, such. as cut flowers and flower holders, and flags shall not exceed the dimensional restrictions for structures given in paragraph 2 above, and may be removed and destroyed by licensor or any licensee or owner if they become wilted, faded or broken, without notice and without liability to any person. 9. Plastic replicas of plants, effigies, pots left above ground level, or any other object not authoized in paragraphs 6 and 7, not placed by licensor or its agennts, or approved in advance by licensor, and left unattended in the cemetery may be removed without notice and destroyed by licensor or any licensee without liability to any person. 10. Space in the cemetery shall be licensed to any person who pays the cost of registration therefor set from time to time by licensor, regardless of such person's race, religion or national origin, provided however, that no symbol, epitaph, inscription, structure or decoration which licensor's governing body finds would be obnoxious or offensive to the then existing licensees and owners of spaces in the cemetery, including licensor, may be installed or maintained. 11. When licensor discovers any violation of the foregoing rules and regulations, it shall mail a notice of violation to licensee, or if licensee is known to be dead, at its discretion, to licensee's personal representative, next ofkin, attorney, or any person whom the licensor's governing body reasonably believes to be such. Ninety (90) or more days after the mailing of such notice, licensor may use self help to the extent allowed by law to abate any violation for which a method of abatement is not set forth above. In addition to and not in lieu of the foregoing rights, licensor or any licensee of any space or spaces in the cemetery may seek judicial abatement of any violation of these rules and regulations as a nuisance, and seek recovery of damages including, but not limited to the cost of abatement and reasonable attorneys fees. 12. The right to enforce these rules and regulations shall inure to the benefit of the heirs and successors in interest of licensor or any licensee, but the right to use the spaces licensed hereby shall inure only to the licensee, and any surviving spouse or next of kin;,. natural, adopted or legally acknowledged, of licensee. 13. Licensor, acting by its governing body, may from time to time, without notice, amend these rules as necessary to conserve space, facilitate maintenance, and pro - or enhance the esthetic qualities of the cemetery, and all structures, plantings, monuments, decorations, inscriptions and burials thereafter installed shall conform to these rules and regulations as amended. PAGE 3= of 3, EXHIBIT "B"