Loading...
HomeMy WebLinkAboutOrdinances Book 12, Page 359, No Ordinance Number35 AN ORDINANCE APPROVING THE FINAL REPORT OF THE CITY PLANNING AND ZONING COMMISSION RESPECTING THE SUBDIVISION OF THE PROPERTY KNOWN AS "HARALSON AND PILLEY FAIR OAKS DEVELOPMENT", WHICH IS LOCATED ON U. S. HIGHWAY 45 BETWEEN THE BURGER ROAD AND BUSH AVENUE (GOODMAN DRIVE), APPROVING THE PLAT OF SAID SUBDIVISION AND SUBDIVIDING SAID PROPERTY BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KEiVTUCKY: SECTION 1. That a resolution adopted by the City Planning and Zoning Commission on April 20, 1951, entitled: "A RESOLUTION RESPECTING THE FINAL REPORT OF THE CITY PLANNING AND ZONING COMMISSION ON THE PROPOSED SUBDIVISION OF PROPERTY KNOWN AS 'HARALSON AND PILLEY FAIR OAKS DEVELOPMENT', WHICH IS LOCATED ON U.S.HIGHWd 45 BETWEEN THE BURGER ROAD AND BUSH AVENUE", and the plat accompanying the same, which is more specifically referred to hereinafter, be approved as the final report of said Commission respecting the matters therein set forth. I SECTION 2. That the subdivision of property located in the City of Paducah and McCracken County and described as follows: � Bounded on the west by U. S. Highway 45, on the south by Burger Road, on the north by Bush Avenue (Goodman Drive) and on the east by the bank of a creek that runs approximately parallel with U. S. Highway 45 about 850 feet from said highway, as shown on the plat prepared by E. C. Bowman, Surveyor and entitled "Haralson and Pilley Fair Oaks Development", which said plat has been approved by the City Planning and Zoning Commission and bears the signatures and acknobtedgements of the Chairman of'said Commission and the City Engineer, dated April 24, 1951, be, and it is hereby, approved, and said property, to the extent that it is within the boundary of the City of Paducah, is hereby declared to be subdivided as shown on said plat. (b) That strict compliance with the provisions of an ordinance entitled: "AN ORDINANCE APPROVING THE FINAL REPORT OF THE CITY PLANNING AND ZONING COMMISSION ESTABLISHING RULES AND REGULATIONS RELATING TO THE LAYING OUT, SUBDIVIDING AND PLATTING OF LANDS WITHIN THE CITY OF PADUCAH AND WITHIN THREE MILES OF THE CITY LIMITS, ADOPTING SAID RULES AND REGULATIONS RECOMMENDED IN THE FINAL REPORT OF THE CITY PLANNING AND ZONING COMMISSION, AND PRESCRIBING THE PENALTY TO BE IMPOSED FOR THE VIOLATION OF THE RULES AND REGULATIONS SET FORTH IN A RESOLUTION ADOPTED BY THE CITY PLANNING AND ZONING COMMISSION ON MARCH 26, 1945", which was adopted by the Board of Commissioners on March 27, 1945, would impose an undue hardship upon the ower of said property, and such provisions, to the extent hereinafter indicated, are hereby waived. (c) That in lieu pf placing stones, markers and monuments on said property and certifying such placement on said plat, the surveyor and the owner of said property may certify on said plat that within a period of six months from the adoptipn of this ordinance they will place said stones, markers and monuments as shown on said plat, provided however, that as a condition to this authorization 360 said owner shall furnish bond with good and sufficient surety in the amount of $1000, which said bond shall be in words and figures as follows: "KNOW ALL MEN BY THESE PRESENTS: That we, J. W. Pilley and J. H. Haralson, partners doing business as Pilley-Haralson, Principal, and New Amsterdam Casualty Compgny, a Maryland Corporation with its principal office in Baltimore, Maryland, Surety, are held and firmly bound unto the City of Paducah, Kentucky, and the County of McCracken in the sum of One Thousand Dollars ($1000) for the payment of which we, said Principal and Surety, firmly bind ourselves. Now the condition of this bond is this: That said Principal has an option to purchase a tract of land in Paducah, Kentucky, known as Haralson and Pilley Fair Oaks Development, a plat of which will be lodged in the office of the Clerk of the McCracken County Court at the time said option is exercised, and said plat bears a legend indicating that certain concrete markers, steel monuments and 3/4" G.I.pipe markers indicated on said plat will be placed on said property in conformity with said plat within six (6) months. Now if said principal places said concrete markers, steel monuments and 3/411 G.I.pipes pn said property in strict conformity wit# said plat by October 20, 1951, then this obligation shall be null and void, but otherwise it shall remain in full force and effect. In testimony whereof, we, said Principal and Surety, have hereunto set out hands this day of April, 1951, said Surety having caused these presents to be executed on its behalf by officers or agents thereunder duly authorized. PILLEY-HARALSON, Principal BY A Partner NEW ANSTERDAM CASUALTY CO. Surety BY------ SECTION 3. If any section or provision of this ordinance shall be found to be inoperative or ineffective for any cause, the invalidity of such section or provision shall not affect any other section or provision, it being the purpose of this ordinance to make each and every section and provision hereof separable from all other sections and provisions, so that if any section or provision shall be found to be invalid, the invalidity thereof shall not affect any other portion, section or provision hereof. 361 SECTION 4. This ordinance scall be in full force and effect from add after the date on which the aforesaid plat is lodged for record in the office of the Clerk of the McCracken County Court. Passed by the Board of Commissioners April 24, 1951 Recorded by Sarah Thurman, City Clerk, April 24, 1951.