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The
following Covenants and Restrictions have been recorded
and govern all uses of Six Oaks Cemetery and the respective
rights of the Sea Pines Cemetery Association and plot
owners.
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The
Land Use Covenants
1.
The owner of a right of interment shall be the owner of
record on the books of Sea Pines Cemetery Association, hereinafter
sometimes called the Corporation, and shall be a sole individual.
The right of interment shall belong to the owner of record
and to those other persons legally entitled thereto in accordance
with these Covenants.
2.
Burials or interments may not be made, nor improvements
made, on sites which have not been fully paid for, except
by special written permission of the Corporation.
3. All rights of interment are conveyed subject to an
option to purchase existing and reserved in favor of the
Corporation which option may be exercised if the owners
or their successors in title offer said right or rights
of interment for sale. If the owners desire to sell said
right or rights of interment, they shall give the Corporation
written notice.
The Corporation shall have 30 days from the receipt of said
notice to purchase said rights of interment from the owners
at the original purchase price minus the 10% fee paid to
the Perpetual Care Maintenance Fund, and the 5% management
fee. If the owners fail to give the Corporation written
notice of its election to exercise said option to purchase,
they shall be obligated to convey said right or rights of
interment to the Corporation upon tender of the original
purchase price.
4.
No sale, gift, devise, transfer or assignment of the
rights in a burial site or niche shall be valid until the
Corporation has received notification in writing thereof
and has consented thereto by recording the same on its books.
5.
The Corporation reserves in particular, but not by way
of limitation, the right to refuse its consent to a sale,
gift, devise, transfer or assignment for any reason which
it considers sufficient. If the Corporation does not consent,
it may exercise an option to repurchase as provided above.
6.
Every instrument, adjudication or decree affecting the rights
in a site or niche must be filed with the Corporation. Until
receipt of such filing and recordation on the books of the
Corporation, the Corporation may rely upon its own records
of ownership for all purposes.
7.
The Corporation reserves the right to use all the rights
of internment which have not been sold for any purposes
whatsoever consistent with the operation, care and maintenance
of a Cemetery, including interment of the dead.
8.
The Corporation reserves to itself, and to those lawfully
entitled, a perpetual right of ingress and egress over individual
sites for the purpose of passing to and from other sites.
9.
No easement or right-of-way is granted to the owner of a
right of interment in any road, drive, alley or walkway
within the Cemetery. Roads, drives, alleys and walkways
may be used as means of access to the Cemetery, its building
or lots, but only as long as the Corporation devotes them
to that purpose.
10.
Plans of an owner for improving a site in which he has
burial rights, in any way, including plans for the installation
of monuments, markers, gravestones, trees, shrubs, or flower
beds, must be submitted in writing to the Corporation
for approval. Approval may be denied on aesthetic grounds
or any other grounds which in the sole judgement of the
Corporation seems sufficient.
11.
The Corporation has the authority to remove without notice,
all improvements made on cemetery sites without its consent
and all improvements which in spite of reasonable care and
maintenance have deteriorated beyond reasonable repair because
of the elements or other causes. It further has authority
to remove all flowers, wreaths and other decorative arrangements,
and all trees, shrubs, plants, roots, branches and limbs,
from sites as soon as they become unsightly, dangerous,
detrimental or diseased, or when they do not conform to
the standards maintained in the Cemetery. Cut flowers may
be placed on a site at any time, but the cost of removal,
if any, shall be paid by the owner or the person placing
the flowers on the site. The use of artificial flowers
is not allowed.
12.
The Corporation reserves the right, at its option, to
charge a reasonable rate to monument companies for any installation
of monuments, markers, gravestones, or other such improvements
for owners of rights of interment.
13.
The Corporation reserves the right to prevent the removal
of any trees, shrubs, plants, or herbage of any kind whatsoever
from a site unless its permission is given.
14.
The Corporation has the right at any time to refuse
admission to the Cemetery property any person or persons
deemed objectionable to the best interests of the Cemetery
or whose behavior is unbecoming a sacred place.
15.
The following activities are prohibited anywhere within
the Cemetery: loud or boisterous talking; idling or loafing;
bringing and consuming lunches or refreshments, unless the
event is approved by the Cemetery; bringing and consuming
alcoholic beverages; peddling or soliciting the sale of
any commodity; placing signs, notices or advertisements
of any kind; bringing or using firearms, except in connection
with a military funeral or memorial service; bringing chairs
or the like, except during funerals; or littering the grounds
with paper, trash or other refuse; the defacement, destruction
or desecration of graves, gravestones, monuments or the
Cemetery grounds.
16.
No Cemetery site shall be used for any purpose other than
the burial of the remains of the human dead.
17.
All interments, disinterments and removals must be made
at the time, in the manner, upon the conditions, and upon
the charges fixed by the Corporation.
18.
Twenty-four hours notice to the Corporation prior to
any interment and at least one weeks notice prior
to any disinterment or removal is required.
19.
When an interment is to be made in a site, the location
of the interment shall be designated by written notice to
the Corporation by the owner of the right of interment in
the site or his representative. Should the Corporation not
receive timely notice of such designation, the Corporation
reserves the right to decide upon the location so as not
to delay the funeral.
20.
Not more than one body shall be interred in one grave
space, except (a) a parent and infant; (b) two infants;
(c) two urns containing the remains of two bodies. A grave
containing a body shall not be reopened for an additional
interment, except in the case of two urns. In the case of
two adult cremains, the ownership deed must directly specify
that the plot will ultimately contain two urns. The deed
must also indicate that Six Oaks Cemetery received appropriate
payment for the second interment.
21.
Interments in a site shall not be greater than the number
permitted by these Rules and Regulations and by the layout
and location of interment spaces according to the plat and
other records on file at the offices of the Corporation.
22.
All burials must be made in waterproof outside containers
or vaults constructed of natural stone, metal or reinforced
concrete or specifications established by the Corporation.
The Corporation reserves the right, at its option, to install
all such containers by its own employees and to make a reasonable
charge therefor.
23.
The Corporation without the consent of the owners of the
rights of interment may modify these Covenants and establish
and modify Rules and Regulations for the cemetery from time
to time as it considers necessary to properly maintain and
operate the Cemetery.
24.
The Corporation is hereby empowered to enforce all Rules
and Regulations and to exclude from the Cemetery any persons
violating them. The Corporation shall have charge of the
grounds and buildings including the conduct of funerals,
traffic, workmen and owners.