(A) Each lot or part thereof in the cemetery shall be, and hereby is, subject to the following conditions and limitations and with the privileges specified as follows, to wit:
(1) Before any foundations are constructed for monuments and markers, the contractor constructing the foundation shall first submit a foundation plan to the Cemetery Sexton for approval;
(2) All monument foundations shall be constructed of concrete and shall extend a minimum of 30 inches below grade. All four sides shall be straight and vertical. Aprons shall be flush with the ground and normally extend four inches from the outside of the nearest portion of the monument erected above the ground unless otherwise directed by the Cemetery Sexton to change the width to other than four inches;
(3) All monument foundations shall be constructed of concrete and shall extend a minimum of 20 inches below and flush with the grade. All four sides shall be straight and vertical;
(4) All monuments shall be placed with the front side thereof flush with the west lot line of any grave and flush with the ground, and there shall not be more than one marker on each grave. The term MONUMENT, as used herein, shall be deemed to mean any head or grave identification of bronze, granite, marble, stone and the like. Any other human-made object placed on a grave or lot shall be construed to be a marker;
(5) Not more than one monument or one pondering bench shall be permitted on any one grave; such monument shall be placed either flush with the west lot line of any such lot and shall be erected only upon a concrete foundation and apron;
(6) Not more than two inverted-type permanent flower vases may be set next to a marker or a monument, and when the flowers have withered or become stale, the same may be removed by the proper cemetery authority and the cover on the inverted-type flower vase may be put on, which cover shall stand flush with the ground;
(7) No markers, concrete aprons, flower vases, monuments or plantings of any nature whatsoever shall be set or installed until the approval of the proper cemetery authority has been given consistent with the terms hereof;
(8) The grantor hereby expressly agrees to keep and maintain a complete permanent record of the title to all graves and lots in said cemetery, and the grantor covenants that said real estate is free and clear of all liens and encumbrances;
(9) The above-named grantees, their heirs, successors and assigns are hereby given a perpetual right to the free use of the passageways of the entire cemetery, together with the right to use the other facilities that are now or may hereafter be erected in said cemetery for use by the owners of real estate within said cemetery or the general public, provided that any user thereof shall so do as not to interfere with the rights of other owners of real estate therein and consistent with the rules and regulations now or hereafter adopted respecting the maintenance, operation and control of said cemetery;
(10) The burial of any animals shall not be allowed in the cemetery; and
(11) Not more than two cremation burials shall be allowed on any single grave. If two remains should be buried at the same time, only one opening and closing charge will be assessed.
(B) It is understood and agreed that each of the foregoing conditions, limitations and provisions constitute a covenant running with the land and shall be binding upon each direct or subsequent purchaser by the within procedure, and a breach by such purchasers or grantees shall entitle the grantor, its successors or assigns to the possession of said real estate herein conveyed, and it is hereby expressly agreed that as a part of the consideration for the above purchase of said real estate, all other real estate in said cemetery shall be sold and transferred under the same provisions and conditions as herein set out.
(Prior Code, § 106.10) (Ord. 12-89, passed 9-11-1989; Ord. 7-2007, passed 9-24-2007; Ord. 7-2012, passed 8-13-2012)