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Home My WebLink AboutO-746*Cr 13w co D 0 a U y, tj rr 2q . N 0 zW CO3 � Ow o ORDINANCE NO. _ AN ORDINANCE AMENDING ORDINANCE NO. 557, ADOPTED 11 AUGUST 1975, KNOWN AS THE ZONING ORDINANCE. IBE IT ORDAINED BY THE CITY COUNCIL, CITY OF FAIRHOPE, ALABAMA, as j follows: The Ordinance commonly known as the Zoning Ordinance i ;adopted 11 August 1975 together with the Zoning Map of the City of! �Fairhope, be and the same hereby is changed and altered in respect; Ito that certain property described as follows: i Lots 17 and 18, Block 9, Ingleside Highlands sub division, property of F&rhope Single Tax Corporation under lease to C. E. and F. A. Bennett ' (Corner of Pleasant Avenue & Prospect Street.) The classification of said property is hereby changed from R2 Medium Density Single Family Residential to B2 General Business and it shall hereafter be lawful to construct on such property any` structures permitted by Ordinance No. 557 and to use said premise s for any use permitted by the terms of Ordinance No. 557; provided the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of thel City of Fairhope and that any structure shall be approved by the i Building Official of the City of Fairhope and that any such struc-I ture be erected only in compliance with such laws, including the requirements of Ordinance No. 557. ADOPTED THIS,,?7 DAY OF _, 1984. ame P. Nix, Mayor City erk SEE ATTACHED LEGAL AGREEMENT AS'TO RESTRICTIVE COVENANTS i li 'I STATE OF ALABAMA COUNTY OF BALDWIN AGREEMENT AS TO RESTRICTIVE COVENANTS This Agreement as to Restrictive Covenants made this the O/day of , 1984, by and between CEDRIC E. BENNETT AND FLEUR A. BENNETT, hereinafter referred to as "Lessees", and THE CITY OF FAIRHOPE,-ALABAMA, a Municipal Corporation, hereinafter referred to as "City". W I T N E S S E T H WHEREAS, Lessees are the leaseholders of certain real property in the County of Baldwin, State of Alabama, hereinafter referred to as "real property" and described as follows, to -wit: Lots 17 and 18, Block 9, Ingleside Highlands as recorded in Map Book 1, Page 72, Baldwin County, Alabama, Probate Records. WHEREAS, Lessees have made an application with the Fairhope Planning and Zoning Commission and City to rezone said property from R-2, medium density single family residential, to B-2, general business; and WHEREAS, The Fairhope Planning and Zoning Commission and City have agreed to such rezoning request, subject to, the following restrictions, which shall run with the leasehold: (a) No enclosed structure may be erected on the real property. (b) A wooden fence, six feet in height, with a hedge located on the outside perimeter thereof, shall be erected and maintained by Lessees along the western and southern boundaries of the real property. (c) Access, ingress or egress shall not be permitted onto and off of Pleasant Street onto the real property. (d) Any access, ingress or egress off of Prospect Avenue onto the real property shall be located only at the easternmost portion of Lot 18 of the real property. PAGE 1 OF 3 LEGAL AGREEMENT TO BE ATTACHED TO ORD. NO. 746 WHEREAS, the parties hereto have agreed to the restrictive covenants above and desire to hereby commit their agreement to writing. THEREFORE, BE IT RESOLVED, that for and in consideration of the benefits to be received from the rezoning by the Lessees, the parties hereto agree as follows: 1. That the'restrictive covenants, (a) through (d), as stated here.inabove, shall become a part of and shall run with the said leasehold and shall become effective upon the requested rezoning by the legally constituted council of City. 2. That Lessees, for themselves, their heirs, administrators, executors, successors and assigns, shall comply in all respects with the restrictive covenants. 3. That the restrictive covenants herein shall become a part of the permanent file of the Fairhope Single Tax Corporation, the owner of said real property, and at the discretion of City, may be recorded in the real property records in the Office of the Judge of Probate of Baldwin County, Alabama. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first above stated. !CD_aR,1C E . �BE NN FLEUR A. BENNETT THE CITY OF FAIRHOPE, ALABAMA By- NI1j. ' JASMP14 X, Mayor 4"rl'A EST: O. _ VELY P. PHIL'LIPS City lerk STATE OF ALABAMA COUNTY OF BALDWIN I, the undersigned, a Notary Public in and for said County and State, hereby certify that CEDRIC E. BENNETT and FLEUR A. BENNETT, husband and wife, whose names are signed to the PAGE 2 of 3 LEGAL AGREEMENT TO BE ATTACHED TO ORD. NO. 746 foregoing instrument and who are known to me, acknowledged before me on this day, that, being informed of the contents of said instrument, they executed the same voluntarily on the day the same bears date. Given under my hand and seal on this the o2.2 day of 1984. (AFFIX SEAL) O Notary ublic My Commission Expires STATE OF ALABAMA COUNTY OF BALDWIN I, the undersigned, a Notary Public in and for said County and State, hereby certify that JAMES P. NIX, whose name as Mayor and EVELYN P. PHILLIPS, whose name as City Clerk of THE CITY OF FAIRHOPE, AL"ABAMA, a Municipal Corporation, are signed to the foregoing instrument and who are known to me, acknowledged before me on this day, that, being informed of the contents of said instrument, they, as such officers and with full authority, executed; the same voluntarily .for and as the act of said corporation on the day the same bears date. z1} da /Given under my hand and seal on this the y of 1984. - o (AFFIX SEAL) Notary Publ c My Commission Expires S PAGE 3 of 3 LEGAL AGREEMENT TO BE ATTACHED'TO'ORD. NO. 746