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09-11-1963 Called Meeting270 September 11, 1963 A called meeting of Mayor and Council was held at 7:00 o'clock P.M., September 11, 1963, at the City Hall. Attending: Mayor J.B. Ables, Councilmen R. J. McCurry, R. H. Wood, J. W. Webb, H. L. Smith and John C. Porterfield. Absent, W. L. Keck. Mr. T. J. Northcutt and Attorney John Tyler representing Southgate Plaza, Inc. were present. Mr. Tyler spoke regarding the twosuits filed by Southgate Plaza, Inc. against the City of Smyrna relative to the zoning and proposed development of the property at the northwest corner of the entrance to Creatwood Forest (now Campbellwood) expressing the hope that a settlement could be reached. Mr. Northcutt stated plans for the proposed gasoline service station being presented to Mayor and Council were designed to blend with existing architecture inrthe subdivision and insofar as possible, meet the original requirements of the City of Smyrna. Robert Yoder, Percy Hearle and several other residents in the area appeared to protest, requesting that a building permit bedenied forlthe erection of a Service Station. A motion by R. J. McCurry, seconded by R. H. Wood to authorize the City Attorney tonnegotiate and consumate settlement of the two lawsuits filed against the City of Smyrna by Southgate Plaza, Inc. so as to permit Southgate Plaza, Inc. or its successors in title to construct,the gasoline service station shown on the plans and speci- fications furnished to Mayor and Council with the understanding that the property could not be used for any other industrial or commercial purposes and with thefurther understanding that a forty foot (401) buffer zone be maintained by the property owner along the south sideof said property and further, the service station to have one only entrance -exit on Creatwood Trail not to exceed ten feet (101) in width and 'with the further understanding that Southgate, Plaza, Inc. to pay court cost involved in both suits; and that, upon compliance with aboveaa permit for said building may be issued subject to approval of plans by the City Building Inspector and compliance with all laws, codes and ordinances of the City of Smyrna. Motion carried 4 to 1, voting for; McCurry, Wood, Smith, Porterfield; against, Webb. SOUTHGATE PLAZA, INC. CASE NO. 13453 �r VS COBB SUPERIOR COURT J. B. ABLES, MAYOR OF THE CITY OF SM YRNA, et al C O N S E N T O R D E R It appearing to the Court that the plaintiff and the defendants in the above styled matter, the said defendants comprising the Mayor and Councilmen of the City of Smyrna, Georgia, have reached an agreement in the above styled matter, whereby the City of Smyrna upon certain conditions will issue a building permit to the plaintiff, its successors, grantees, agents or assigns, for con- struction of the gasoline station building shown on the attached plans and specifications identified as Exhibit "AT' and incorporated herein by reference, and; It further appearing that all parties have consented by and through their respective counsel; NOW, THEREFORE, it is considered, ordered and adjudged by consent of the parties, as follows: (Continuation of 9-11-63 Meeting) 1. 2 1,, The property of plaintiff, described in its petition, shall be used for construction and location thereon of the gasoline station building shown on the attached plans and specifications, identified as Exhibit "A" and incorporated herein and made a part hereof by reference, but said property shall not be used for any other com- mercial, or industrial purposes. 2. The defendants are hereby ordered to issue a good and sufficient building permit from the City of Smyrna for the construction of the gasoline station building described in the above paragraph of this order, upon payment by plaintiff to the City of Smyrna of the regular permit fees required by ordinances of said City for such construction. 3. C\i The plaintiff, its successors, grantees, agents and assigns Cq shall cause said gasoline station to have, at all times, not more than one entrance on Creatwood Trail in the City of Smyrna, not to exceed 10 feet in width, for ingress and egress to and from said C station to Creatwood Trail and shall also maintain, at all times, a 40 foot buffer zone along the southerly side of plaintiff's said property in accordance with the present zoning ordinance of the City of Smyrna. 4. Plaintiff, its successors, grantees, agents and assigns, shall comply with all other valid and subsisting ordinances of the City of Smyrna, applicable to the construction and operation of the aforesaid gasoline station on its said property. 5. The companion case between the parties hereto, being Case No. 13,409, Cobb Superior Court, is hereby dismissed with the prejudice and plaintiff is ordered to pay all costs of Court in that case and in this case. This the 9th day of October 1963,/ (Signed) A. J. Henderson, Jr. JUDGE, SUPERIOR COURT, COBB JUDICIAL CIRCUIT Consented to: (Signed) John C. Tyler Attorney for Plaintiff (Signed) Conley Ingfam Attorney for Defendants A motion by H. L. Smith, chairman Police Committee (to whom bids on new car for that department had been referred at previous meeting) seconded by John C. Porterfield, to accept trade-in low bid of $13.270.45 from Strother Ford, Marietta, Georgia for the Police De- partment, was voted unanimous. There being no further business, meeting adjourned, 8:10 P.M.