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HomeMy WebLinkAboutOrdinances Book 7, Page 46, No Resolution Numberi No. I� Ordinance No. A RESOLUTION FOR THE CUTTING OF AN OPENING IN THE HEDGE NOT',' IN THE ALLEY-TIAY BETWEEN OAK GROVE CEMETERY AND THE PROPERTY OF THE WEST KENTUCKY MAUSOLEUM COIcIPANY. WHEREAS, The West Kentucky Mausoleum Company has heretofore con- structed a mausoleum on the property adjacent to Oak Grove Cemetery, in the City of Paducah, Kentucky, and - T7HEREAS, there exists between the property of said West Kentucky 1,1ausoleum Company and Oak Grove Cemetery a public alley in part of which there is now planted a hedge fence, separating the property of the Oak Grove Cemetery from said alley and the property of the crest Kentucky Idausoleum Company, and - 7MEREAS, the West Kentucky Mausoleum Company has requested that an opening be made in said hedge fence twelve feet in width, in order to give access to said Mausoleum property from the Oak Grove Cemetery prop- erty, now, therefore - BE IT RESOLVED BY THE BOARD OF COIv`11ISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: - Section 1. That permission is hereby granted to the West Kentucky Ic_ausoleum Company to cut two openings thru the hedge fence in the alley separating Oak Grove Cemetery from the property of the West Kentucky Mausoleum Company, in the City of Paducah, Kentucky. Section 2. Said openings shall not be more than twelve (121 feet in width, and shall be at such points as shall be designated by the plans and specifications to be submitted to the said Board of Commis- sioners as hereinafter sdt out. Section 3. It is understood that these openings are made so that a circular driveway may be constructed from Oak Grove Cemetery to said Mausoleum building, but all of same shall be so constructed, and the openings so made, at the sole expense of said T•iest Kentucky 1dausoleum Company - and the City of Paducah shall not be held liable and shall not be called upon to pay for any portion thereof, nor for the upkeep thereof. Section 4. Said West Kentucky i.Iausoleum Company shall be required, by contract, to maintain said driveway and openings in good and serviceable condition at all times hereafter, and should the said Mausoleum Company fail or refuse to maintain said driveway and openings in a good and serviceable condition then, at the discretion of the Board of Commissioners of the City of Paducah, said openings shall be closed at any time, and the use of said driveway from said mausoleum property into Oak Grove Cemetery property shall be discontinued. Section 5. Said openings, entrance and driveway shall be constructed in accordance with such plans and specifications as may be made therefor, and approved by the Board of Commissioners and Commissioner of Public Property of the City of Paducah. Ordinance No. _ section 6. The right, at all times, to control said openings, or the . use thereof, or the use of said driveway, is hereby reserved Into the said City of Paducah. Section 7. It is further provided that by the passage of this. Resolution and the granting of said right to make said openings in said hedge to construct said driveti.ay, the City of Paducah does not release any of its legal rights in the control thereof, nor shall any continued user thereof by the public generally, or by said Wiest Kentucky Mausoleum Company, impose any obligation upon,the said City of Paducah to at any time look after and take care of the maintenance and upkeep of said West Kentucky Biausoleum Company building now in existence, or any other buildings which may hereafter be constructed'- it being understood and agreed that the grant made to said [lest Kentucky Liausoleum Company is merely a revocable license, and is not and shall not be construed as an easement running against the Oak Grove Cemetery property. Section 8. Said I:est Kentucky Llausoleum Company shall not be permitted to enter upon the making of said openings, or the construction of said driveway, or perform any of the privileges granted herein, until after the plans and specifications therefor have been approved by the Board of Commissioners and the Commissioner of Public Property of t'ae City of Paducah and a contract entered into between said Viest Kentucky Mausoleum Company and the City of Paducah under the terms of this Resolution. Section 9. That the openings between the said West Kentucky i,Iausoleum Company property and Oak Grove Cemetery property shall have gates, of such size and dimension, and constructed in such manner and of such material as may be acproved by the Board of Commissioners, and that the keys to said gates shall be in charge of and under the control and supervision of the Commissioner of Public Property. Section 10. This Resolution shall take effect from and after its passage. PASSED BY THE BOARD OF COLUAISSIOIIERS FEBRUARY 16, 1915. RECORDED BY IiAURICE LlcINTYRE, CITY CLERK,FEBRUARY 17, 1915.