HomeMy WebLinkAboutO-1232ORDINANCE NO. 1232
AN ORDINANCE AMENDING ORDINANCE NO. 557
KNOWN AS THE ZONING ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as
follows:
The ordinance known as the Zoning Ordinance (No. 557), 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 to that certain property described below:
The appropriate public notice and hearing of, the Planning and Zoning Commission of the City of
Fairhope, Alabama has forwarded a favorable recommendation,
The property of Dossie Lee Johnson Wainwright located at 663 Horn Lane.
Legal Description: (Case number ZC 04.08)
From the Southeast corner of the Southwest quarter of the Southeast quarter of Section 17, Township 6
South, Range 2 East, run North along the Eastern boundary thereof 663 feet to a point situated 665 feet
South of the Northeast corner of said Southwest quarter of Southeast quarter, which point is located on the
division line long recognized as the East-West centerline of said Southwest quarter of Southeast quarter and
which point is the Northeast corner of Lot 8 of the "Parker -Young" Subdivision, an unrecorded
subdivision of the South half of said Southwest quarter of Southeast quarter; thence run West along the
North boundary of said Lot 8 a distance of 740 feet to the Northeast corner of a lot heretofore conveyed to
McCovery, for the POINT OF BEGINNING of the lot herein described; thence run South and parallel to
the East boundary of said Southwest quarter of Southeast quarter, a distance of 150 feet; thence run East
100 feet; thence North 150 feet to a point on the North boundary of said Lot 8; thence run West 100 feet to
the POINT OF BEGINNING. Lot lies partly in Lot 8 and partly in Lot 7 of the Parker -Young
Subdivision of the South half of the Southwest quarter of Southeast quarter of Section 17, Township 6
South, Range 2 East, Baldwin County, Alabama.
A map of the property to be rezoned is attached as Exhibit A
The classification of said property is hereby changed from R2-Single Family to P1-
Parking. This property shall hereafter be lawful to construct on such property any structures
permitted by Ordinance No. 557 and to use said premises for any use permitted or building
sough to be erected on said property shall be in compliance with the building laws of the City of
Fairhope and that any structure shall be approved by the Building Official of the City of Fairhope
and that any such structure be erected only in compliance with such laws, including the
requirements of Ordinance No. 557.
Severability Clause - if any part, section of subdivision of this ordinance shall be held
unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or
impair the remainder of this ordinance, which shall continue in full force and effect
notwithstanding such holding.
Effective Date — This ordinance shall take effect immediately upon its due adoption and
publication as required by law.
ADOPTED THIS THE 22nd DAY OF November , 2004.
FAi12I1OPF, PLANNING COMMISSI,
I�INAi, REPORTOF 7bNING AMENIN r
Text Change to Zoning Ordinance
Request for change of Zoning District
By:
Description and Map is attached
The Commission has held a public hearing on this matter prior to this final report and wishes
to report to the Fairhope City Council as follows:
We (Do) (Do Not) recommend the proposed zoning text changes as wise,
expedient and necessary for the benefit of the City
—A\.\'e find that the proposed zonifig district change Is (Is hot) in conformity
with the comprehensive plan and in the best interests of the City as a whole, and
(Do) (Do Not) Recommend that the City Council adopt an ordinance
implementing the proposed changes as provided by law.
Members Present Voting Aye Voting \ay Abstain
x
Respectfully submitted:
C lainnan
Wainright Property `I')-3a
From the Southeast corner of the Southwest quarter of the Southeast quarter of Section 17,
Township 6 South, Range 2 East, run North along the Eastern boundary thereof 663 feet to a
point situated 665 feet South of the Northeast corner of said Southwest quarter of Southeast
quarter, which point is located on the division line long recognized as the East-West centerline of
said Southwest quarter of Southeast quarter and which point is the Northeast corner of Lot 8 of
the "Parker -Young" Subdivision, an unrecorded subdivision of the South half of said
Southwest quarter of Southeast quarter; thence run West along the North boundary of said Lot
8 a distance of 740 feet to the Northeast corner of a lot heretofore conveyed to McCovery, for
the POINT OF BEGINNING of the lot herein described; thence run South and parallel to the East
boundary of said Southwest quarter of Southeast quarter, a distance of 150 feet; thence run
East 100 feet; thence North 150 feet to a point on the North boundary of said Lot 8; thence run
West 100 feet to the POINT OF BEGINNING. Lot lies partly in Lot 8 and partly in Lot 7 of the
Parker -Young Subdivision of the South half of the Southwest quarter of Southeast quarter of
Section 17, Township 6 South, Range 2 East, Baldwin County, Alabama.
Lawrence Property (a/k/a "Harris Property")
Commencing at the Southeast corner of the Southwest quarter of the Southeast quarter of
Section 17, Township 6 South, Range 2 East, Baldwin County, Alabama; thence run North,
663 feet to a point; thence run West, 528.14 feet to the POINT OF BEGINNING; thence run
South 89 degrees 31 minutes 49 seconds West, 266.99 feet to a point; thence run North 00
degrees 00 minutes 28 seconds East, 637.16 feet to a point on the South right-of-way line of
Morphy Avenue; thence run East, along said South right-of-way line of Morphy Avenue, 267
feet to a point; thence run South 00 degrees 00 minutes 28 seconds West, leaving said South
right-of-way line of Morphy Avenue, 634.97 feet to the POINT OF BEGINNING.
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10/25/2004 14:13 FAX 2519287993 IRBY & HEARD, PC Q 001
IRBY & HEARD, P.C.
ATTORNEYS AT LAW
GULF SHORES OFFICE
SAM W IRBY
317 MAGNOLIA AVENUE
POST OFFICE BOX 1031
125 Cove Avenue
Gulf Shores, Alabama 36542
Direct Number (251) 929-2225
Email: samirby@irbyandheard.com
FAIRHOPE, ALABAMA 36533
MAILING ADDRESS
W. KENNETH HEARD
(251) 928-4555
FAX (251) 928-4599
Post Office Box 1031
Fairhope, Alabama 36533
Direct Number (251) 929-2224
Email: kenheard@irbyandheard.com
Email: lawfirm@irbyandheard.com
(251) 968-4763
FAX (251) 968-8212
FAX COVER SHEET
To: Ms. Geniece Johnson
Office: City of Fairhope
Fax #: 990-0107
Date: October 25, 2004
From: Nancy L. Payne
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Total Number of Pages 7 (including cover page).
F:\WDDOCS\IHDOCS\429\04507\fax\00090938.WPD
10/25/2004 14:13 FAX '519287993 IRBY & HEARD, PC
Z 002
Re:
Commonwealth
COMMONWEALTH LAND TITLE INSURANCE COMPANY
COMMITMENT
Issued By
Irby & Heard, P.C.
Representing
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Frank L. Leatherbury
SCHEDULE A
1. Effective Date: August 10, 2004 at 8:00 a.m.
2. Policy or Policies to be issued:
ALTA OWNER (10-17-92)
a. Proposed Insured: Frank L. Leatherbury
Commitment No.: 04507
File No.: 04507
County: Baldwin
Amount
$ 95,000.00
3. The estate or interest in the land described herein is Fee Simple at the effective date hereof vested in:
Dossie Lee Johnson
4. The land referred to herein is situated in Baldwin County, State of Alabama, and described as follows:
From the Southeast comer of the Southwest quarter of the Southeast quarter of Section 17, Township 6
South, Range 2 East, run North along the Eastern boundary thereof 663 feet to a point situated 665 feet
South of the Northeast corner of said Southwest quarter of Southeast quarter, which point is located on
the division line long recognized as the East-West centerline of said Southwest quarter of Southeast quarter
and which point is the Northeast corner of Lot 8 of the "Parker -Young" Subdivision, an unrecorded
subdivision of the South half of said Southwest quarter of Southeast quarter; thence run West along the
North boundary of said Lot 8 a distance of 740 feet to the Northeast corner of a lot heretofore conveyed
to McCovery, for the POINT OF BEGINNING of the lot herein described; thence run South and parallel
to the East boundary of said Southwest quarter of Southeast quarter, a distance of 150 feet; thence run East
(Continued)
Countersigned:
Irby & Heard, P.C.
317 Magnolia Avenue, P. O. Box 1031
Fairhope, AL 36533
0
Authorized Officer or Agent
American Land Title Association Commitment
Valid Only if Schedule B-1, Schedule B-2 and Cover are Attached
c1�P�111lP A
10/25/2004 14:13 FAX 2519287993 IRBY & HEARD, PC
fM 003
Commonwealth
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE A
(continued)
Commitment No.: 04507
File No.: 04507
100 feet; thence North 150 feet to a point on the North boundary of said Lot 8; thence run West 100 feet
to the POINT OF BEGINNING.
J
Subdivision Southeast quarter of Section 17, Township 6
Subdivision of the South h of Southwest quarter
South, Range 2 East, Baldwin County, Alabama.
Valid Only if Schedule B-1, Schedule B-2 and Cover are Attached
American Land Title Association Commitment
Schedule A - Continued
10/25/2004 14:13 FAX 2519287993 IRBY & HEARD, PC Z 004
Commonwealth Commitment No.: 04507
File No.: 04507
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE B - SECTION 1
The following are the requirements to be complied with:
1, Instruments creating the estate or interest to be insured must be executed and filed for record, to wit:
Delivery of Warranty Deed from Dossie Lee Wainwright, formerly known as Dossie Lee Johnson and
spouse, if married, conveying the property described in Schedule "A" to Frank L. Leatherbury.
2. Pay the full consideration to, or for the account of, the grantors or mortgagors.
3. Pay all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable.
4. Satisfactory evidence should be had that improvements and/or repairs or alterations thereto are completed;
that contractor, subcontractors, labor and materialmen are all paid; and have released of record all liens or
notice of intent to perfect a lien for labor or material.
5. Payment and cancellation of Mortgage by Dossie Wainwright to Homeport Renovators, Inc., dated
December 5, 1989, and recorded June 13, 1990, in Real Property Book 391, Pages 943 through 945.
6. Payment and cancellation of Mortgage by Dossie Wainwright to First Family Financial Services, Inc.,
dated September 19, 1991, and recorded September 20, 1991, in Real Property Book 435, Pages 1486
througb 1487.
7. Release of the property described in Schedule "A" from Mortgage by Dossie Wainwright to First Family
Financial Services, Inc. dated March 26,1993, and recorded March 30,1993 in Real Property Book 504,
Pages 263 through 265.
8. We should be furnished satisfactory proof in letter form that there are no assessments due the City of
Fairhope, Alabama.
9, We require delivery to us of a certified copy of a survey by a land surveyor registered in the State of
Alabama establishing the boundary line of the property described in Schedule "A" and showing any
encroachments which may exist on the property. We reserve the right to add additional requirements and
exceptions to this Title Insurance Commitment upon review of the survey required by this paragraph.
TAXES
All ad valorem taxes which have become due against the property described in Schedule "A" are marked EXEMPT,
said property being assessed to Wainwright, Dossie for 2003 State, County and City of Fairhope, Alabama taxes
at a land valuation of $1,000.00 and improvement valuation of $2,600.00 with homestead exemption of H3. (Account
Number 44142) (Tax District 05)(Parcel Number 46-04-17-4-000-087.000) (Class Number 306) The ad valorem tax
bill indicates that the 2003 taxes are EXEMPT.
(Continued)
Valid Only if Schedule A, Schedule B-2 and Cover are Attached
American Land Title Association Commitment
Schedule B-1
10/25/2004 14:13 FAX 2519287993 IRBY &HEARD, PC
16005
\*Commonwealth
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE B - SECTION 1
(continued)
Commitment No.: 04507
File No.: 04507
The above tax information has been based on the present tax valuation and classification as to use in the Office of
the Revenue Commissioner of Baldwin County but is subject to any future adjustment that may be made by either
the Revenue Commissioner or the Board of Equalization of Baldwin County.
Valid Only if Schedule A, Schedule B-2 and Cover are Attached
American Land Title Association Commitment
Schedule B-Section 1 - Continued
10/25/2004 14:13 FAX 2519287993 IRBY & HEARD, PC Z 006
Commitment No.: 04507
Commonwealth File No.: 04507
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE B - SECTION 2
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are
disposed of to the satisfaction of the Company.
d, first
pearing in
ic
1, Defects, liens, encumbrances, adverse claifective date hereof but prior to ms or other matters, if any, the datePhe proposedtnsurled
records or attaching subsequent to the of
acquires for value of record the estate or interest or mortgage thereon covered by this Commitment.
2. Taxes for the year 2004 and subsequent years and any taxes or special assessments which are not shown as
existing liens by the public records.
3. Rights or claims of parties other than Insured in actual possession of any or all of the property.
4. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments
which an accurate and complete survey would disclose.
5. Easements or claims of easements shown or not shown in probate records.
6. Unfiled mechanics' or materialmen's liens.
7. Anything to the contrary notwithstanding, this policy does not attempt to set out the manner in which all the
described in Schedule "A" are now vested, and this policy does not
minerals in, on or under the property
described in Schedule "A" nor any rights or easements in
insure any minerals in, on or under the property
connection therewith.
g. Right of way deed from Daniel Horn to City of Fairbope,
Book 3 76, Page 868, a Municipal Corporation dated June
26,1967 and recorded July 26, 1967 in
Deed9. Minimum building setback lines and other matters established by the City of Fairhope, Alabama Zoning
Ordinance.
The recording references refer to the records in the Office of the Judge of Probate of Baldwin County, Alabama,
unless otherwise indicated. (Continued)
Valid Only if Schedule A, Schedule B-1 and Cover are Attached
American Land Title Association Commitment
V_L... -10 R-'Zprfiml 7.
10/25/2004 14:14 FAX 2519287993 IRBY & HEARD, PC Z 007
Commitment No.: 04507
Commonwealth File No.: 04507
COMMONWEALTm LAND TITLE INSURANCE COMPANY
SCHEDULE B - SECTION 2
(continued)
NOTE: The attached LandAmerica Privacy Policy Notice is specifically made a part of this Commitment.
with this Commitment will contain the following pre
NOTE: An Owner's Policy issued in conne-printed
ction
exceptions:
1. Rights or claims of parties other than Insured in actual possession of any or all of the property.
2. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments
which an accurate and complete survey would disclose.
3. Unfiled mechanics' or materialmen's liens.
F:\WDDOCS\IHDOCS\429\04507\conun\00085488.WPD
Valid Only if Schedule A, Schedule 11-1 and Cover are Attached
American Land Title Association Commitment