(a) Intent. While the town operates and maintains the cemetery, it grants easement interests in the individual burial plots to private parties. Currently, all available burial plots are subject to such easements, meaning the town does not have the ability to grant additional leases to burial plots. The intent of this ordinance is to outline the rules and regulations by which the holders of the existing burial easements maintain and transfer said easements going forward.
(b) Individuals seeking to be interred in the cemetery are granted an easement for burial purposes. All such burial easements are subject to the rules and regulations of the town.
(c) Reconveyance by easement holder. In order to properly manage the new sections of the cemetery, the town must know, at all times, the identity of the legal owner of each burial easement. The public records of the Wake County Register of Deeds shall be used for that purpose. If the legal owner of a burial easement wishes to convey the easement, the grantee must record the conveying instrument in the office of the Wake County Register of Deeds within fifteen (15) days of the execution of the instrument, and a copy of the registered instrument must be provided to the Cary Town Clerk within fifteen (15) days of recordation.
(d) Any burial easement deed shall include the following language: This conveyance is subject to the condition subsequent that the Town of Cary, its successors or assigns, shall have the right to terminate all rights, interest and title of the grantee and all their successors and assigns in this easement, if (1) all subsequent instruments of conveyance are not registered with the Wake County Register of Deeds within fifteen (15) days after the execution of the said instrument, and (2) the Town Clerk, Town of Cary, is not provided a copy of the recorded instrument within fifteen (15) days after recordation.
(Code 1982, § 7-23; Ord. No. 80-4, § 6.1-7, 1-24-1980; Ord. No. 2014-Code-02, 1-30-2014; Ord. No. 2019-Code-03, 9-26-2019; Ord. No. 2022-Code-05, 11-17-2022)