Chapter 2.08
WENATCHEE CEMETERY*
Sections:
* Agreement and deed between Chelan County and the City of Wenatchee dated November 6, 1939.
2.08.010 Deed and agreement.
THIS INDENTURE Made this 21st day of September, 1939, by and between CHELAN COUNTY, a municipal corporation of the State of Washington, as First Party, and CITY OF WENATCHEE, a municipal corporation of the State of Washington, as Second Party, WITNESSETH:
That for and in consideration of the covenants, undertakings and obligations hereinafter agreed to be faithfully performed and discharged by Second Party, and it appearing to the Board of County Commissioners that it is for the best interest of the First Party and the people thereof, First Party does by these presents grant and convey unto Second Party the following real property situated in Chelan County, Washington, to-wit:
Part of the SE1/4 SE1/4 SE1/4 of Section 29, Township 23 North, Range 20, E.W.M., described as follows, to-wit: Beginning at the southeast corner of said Section, which point is the true point of beginning; thence running north along the line between Sections 28 and 29 a distance of 661 feet; thence turning an angle to the left of 90 degrees and 12’ and running a distance of 549.6 feet; thence turn an angle to the left of 67 degrees 43’ and running a distance of 294.6 feet; thence turning an angle to the left 22 degrees 05’ and running a distance of 388 feet to the south line of said Section 29; thence turning an angle to the left of 90 degrees 09’ and running a distance of 660.3 feet along said south line of said Section 29 to the true point of beginning, except however, 15 feet off the north side and 20 feet off the east side of this described land for County road right-of-way, together with all appurtenances thereunto belonging or in anywise appertaining. Also together with all right of grantor under the terms of a certain written Easement executed by Broas L. Rawson and Anna A. Rawson, under date of February 6, 1939, and of record in Book 268, Page 190, Deed Records of Chelan County, Washington.
EXCEPT the following portion thereof, to-wit:
Commencing at the corner of Sections 28, 29, 32, 33, Township 23 North, Range 20 East Willamette Meridian, which is the true point of beginning of this description and running thence westerly along the line between said Sections 29 and 32, Township 23 North, Range 20 East Willamette Meridian, a distance of 660.3’, thence turning an angle of 90 degrees 09’ to the right and running northerly a distance of 165.0’, thence turning an angle of 89 degrees 51’ to the right and running easterly a distance of 660.3’, thence turning an angle of 90 degrees 09’ to the right and running southerly a distance of 165.0’ to the true point of beginning of this description containing the sum of 2.5 acres, more or less, together with the appurtenances thereunto belonging or in anywise appertaining and together also with the rights evidenced by that certain instrument recorded in Book 268, Page 190, Deed Records of Chelan County, Washington, so far as the said excepted property is entitled thereunder, for the sole use by Second Party as a cemetery and burial ground for the human dead.
First Party agrees to use the excepted portion of the real property above described for a cemetery and burial ground for the burial of the remains of persons authorized by it to be buried therein.
The purposes of this conveyance are to provide the City of Wenatchee with additional land for the needs of its municipal cemetery, and to provide the County of Chelan with an area in which to make burials, as may be required, at public expense. Said County deeds a portion of the tract hereinbefore described in consideration of the agreement on the part of said City to operate the other portion hereinabove excepted and reserved from the original tract for the purpose of making County burials, and to furnish for the same, as rapidly as the area is brought into actual use, perpetual care of the same character as that provided for and in other parts of said municipal cemetery where perpetual care is provided for burial lots used for private burials.
The cemetery costs for opening and closing graves for County burials shall be reimbursed to the City out of sums allowed by the County to the contracting party performing burial service, but perpetual care of graves for County burials in said reserved area shall be furnished at the sole expense of the City, as a portion of the costs of operating and maintaining said municipal cemetery.
It is expressly understood by and between the parties hereto that neither party shall permit the placing of tombstones or other above ground monuments on any graves made in said cemetery and that only ground markers or head-stones approximately level with the graves or lots shall be permitted, except where such regulation or restriction would be contrary to the religious beliefs or doctrines of persons buried in said cemetery or the relatives or other persons having jurisdiction over the burial of the remains of such deceased persons.
Second Party further agrees to keep such portion of the lands hereinabove described as being reserved by First Party, which may not be immediately necessary for burial ground, reasonably free from weeds, brush, trash or other unsightly or offensive objects.
This indenture and agreement shall inure to and be binding upon the successors of the parties hereto.
IN WITNESS WHEREOF, the Party of the First Part has caused these presents to be executed by its duly authorized officers and the seal of said corporation to be hereunto affixed, and the Party of Second Part has caused these presents to be executed by its duly authorized officers and the seal of its corporation to be hereunto affixed. (Res. dated November 6, 1939 at Vol 238 page 542, 543).