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HomeMy WebLinkAbout98-177f~ a, t ,ark P~~ 3 ,~ ~~@, j ~C,~UNT'Y C?~' ~'X`7'~, 5T GA ~ ,DE~1 "'~~ {~ RESOLUTION NUMBER 98- 1 ~ ~ RESOLUTION OF THE COUNTY BOARD OF SUPERVISORS CONFIRMING DURHAM CEMETERY AS A PUBLIC CEMETERY PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 8125 ET. SEQ. WHEREAS, the Durham Cemetery ("Cemetery") was established by the Durham family in 1870 and thereafter became a public cemetery; WHEREAS during this period of private ownership, the Cemetery fell into disrepair such that, by Resolution No. 80-74, Butte County Board of Supervisors declared the cemetery as a Pioneer Memorial Park on April 15, 1980; WHEREAS the Butte County Board of Supervisors undertook eminent domain proceedings in 1994 and subsequently reacquired title of the Cemetery in 1996; WHEREAS, the Durham Cemetery Preservation Association ("DCPA") anon-profit benefit corporation was formed in May of 1994; WHEREAS, the County of Butte has delegated to the DCPA the administration of the Cemetery; WHEREAS, the county has granted, by deed, the Cemetery property to the DCPA; WHEREAS, the DCPA has accepted the property and has maintained and operated the Cemetery as a public cemetery; THEREFORE, the Board of Supervisors has declared and hereby confirms that the Cemetery shall be considered and dedicated as a public cemetery as defined in Health and Safety Code Sections 8125 et. seq.; THEREFORE, a survey of the Cemetery as provided in Health and Safety Code Section 8125, a description of the Cemetery and a certified copy of this resolution shall be recorded in the Recorders office in the County of Butte; THEREFORE, the DCPA under grant of authority by the County of Butte, shall manage, conduct, and regulate burials, shall dispose of plots, shall keep plots in order all as required by the Health and Safety Code. THEREFORE, the DCPA may make and enforce general rules and regulations regarding the operation of the cemetery and shall pursuant to the Health and Safety Code; THEREFORE, the DCPA shall prepare an annual report to the County Board of Supervisors summarizing the management, conduct and regulation of burials, the disposition of plots and the keeping of plots in order. Cemetery shall be insured as prescribed by the County Risk Manager. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 15 th day of 1998 by the following votes: AYES: Supervisors Beeler, Dolan, Houx, Josiassen and Chair Davis NOES: None ABSENT: None NOT VOTING: None .c~ FRED DAMS, Chair Butte County Board of Supervisors ATTESTED: JOHN BLACKLOCK Chief Administrative Officer and the Clerk of the Board By~-l' ~.~ ~._. LEGAL DESCRYPTION OF DURHP~M_CEMETERY A portion of Section 17, ~'awnship 21 Narth, Range Z East, M.D.B. & M., more particularly described as follows: Beginning at the Southeast corner of the Old Durham Cemetery site, which lies North of and adjoins the public highway in the above mentioned quarter section, at the point where said cemetery line intersects said public highway; running thence North along the East line of said cemetery, as now fenced, 41.7 feet; thence at a right angle Westerly, 417 feet; thence at. a r~.ght angle Southerly 417 f eet, mare or less, to the line of said public highway; and thence along said last mentioned line, Easterly to the point of beginning. EXCEPT2NG T~-IEREFROM the Westerly 1S0 feet. _ ~i~~s ,MiE.~vtO: ~~c-~~ ~KOSt~ is au~ ~o ~. - cau~u~ ~ ~~ c~:a~-r~~ ~c~n~r~ Survey CONFIRMATION OF PUBLIC CEMETERY: DURHAM CEMETERY Pursuant to Health and Safety Code Sections 8125, Durham Cemetery Preservation Association ("DCPA") hereby records the following information with the Butte County Recorder and makes the following statements and assertions. 1. Attached to this document is the survey, description, and certified copy of the order made constituting the land a cemetery. 2. The title to the cemetery rests with the DCPA, for the benefit of the inhabitants of the County of Butte; provided, however, that the Butte County Board of Supervisors shall maintain control and regulation of the cemetery such that it be operated in perpetuity, as a public cemetery. 3. The DCPA shall maintain a register of the name, age, birthplace, date of death and burial of every body or remains entered into the cemetery. This register shall be open to public inspection. 4. The general management, conduct and regulation of burials, disposition of plots and the keeping of plots shall be undertaken by the DCPA, but under the jurisdiction and the control of the county. 5. The DCPA is authorized, by the County of Butte, to develop rules and regulations concerning the management, conduct and regulation of burials, the disposition of plots, and the keeping of plots in order. These rules and regulations shall be open for inspection. 6. The DCPA shall provide and annual report to the Butte County Board of Supervisors setting forth the management, conduct and regulation of burials, the disposition of plots and the keeping of plots in order.