HomeMy WebLinkAboutO-1242ORDINANCE NO. 1242
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 John W. Bethea located at 155 Bancroft, Fairhope, Alabama.
Legal Description: (Case number ZC 05.08)
Lot six (6) and the south half of lot seven (7), Block two (2), Division four (4) of the land of
lessor in the City of Fairhope, Alabama as per its plat thereof filed for record Sept. 13, 1911,
Misc. Book 1, Pages 320-21, Probate Records; Section 17, T6S, R2E, 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 64-Office and
Professional to 132-General Business. 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 sought 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 in valid 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 ON THE 1 1 `h day of April 12005
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FAIR11OPr PLANT �
FINAL RE ORT O—l" ZONING= AM1;NDMEM
Text Change to Zoning Ordinance 03-09-05:PO 1 : 12 R
Request for change of Zoning District J T Z,
By: V;1 `
(Applicant)
Description and ;Flap is attached
The Commission has held a public hearing on this matter prior to this final report and wishes
to report to the Fairliope 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
We find that the proposed zoning district change (Is) (1s Not) in conformity
with the comprehensive plan and in the beet i to t
n res s o t K; tty as a whole, and
i
I (Do) (Do Not) Recommend that the City Council adopt an ordinance
implementing the proposed changes as provided by laxv.
Members Present Voting Aye Voting \aV Abstain
Respectfully submitted:
hairman
Rev. 9/98
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CITY OF FAIRHOPE
CITY COUNCIL COVER SHEET
11 April 2005
05.08 Public Hearing to Consider the Request of Bethae Properties for a
Zoning Change from 134-Business and Professional Office to 132-
General Business (Located at 155 Bancroft)
Bethae Properties recently purchased this 11,900 sq. ft parcel of property. It is
located mid -block between Oak and Pine on Bancroft. The property to the North
is B4 and to the South is B4. East is B4 and West is B2. The property is located
in the Central Business District.
The issues associated with this development proposal are as follows:
Comprehensive Plan: The request is not contrary to the Plan.
Adjacent Property: A zoning change application has been submitted for the
property to the South from B4 to B2. This will be considered at the April meeting.
Planning Commission: Attached are PC minutes. There was one vote in
opposistion.
STAFF RECOMMEDATION:
To approve as requested.
Respectfully Submitted for Consideration,
ChristopheiD. Baker, AICP
Director of lanning and Building
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' � FAIR HOPE
GRANT 37
6 SOUTH, RANGE? EAST
05-1!-03-37-00-602
This is an exact copy of tr1e
LEASE Instrument sent for recording.
THIS LEASE, MADE THIS 21 S t DAY OF January, 2005 , BY AND BETWEEN FAIRHOPE SINGLE
TAX CORPORATIOtN "eaLESSOR", OF FAIRHOPE, BALDWIN COUNTY, ALABAMA, AND
John W. Be�i
155 Bancroft S t . OF Fairhope, AL , HEREINAFTER DESIGNATED AS THE "LESSEE."
WITNESSETH: THAT THE SAID FAIRHOPE SINGLE TAX CORPORATION; FOR AND IN CONSIDERATION OF THE ANNUAL
RENTALS AND COVENANTS HEREINAFTER MENTIONED, HAS THIS DAY LEASED TO AND SAID LESSEE TAKEN POSSESSION
OF THE FOLLOWING DESCRIBED PORTION OF LAND, TO WIT:
Lot six (6) and the south half of Lot seven (7), Block two (2), Division four (4) of the land of
lessor in the City of Fairhope, Alabama as per its plat thereof filed for record Sept. 13,1911,
Misc. Book 1, Pages 320-21, Probate Records; Section 17, T6S, R2E, Baldwin County,
Alabama,
FOR THE TERM OF NINETY-NINE YEARS FROM THIS DATE SUBJECT TO THE CONDITIONS HEREIN STATED. PROTECTIONS
INDICATED FOR MORTGAGEE(S) WILL BE ENFORCED IF MORTGAGE INSTRUMENTS ARE RECORDED IN PROBATE.
(1) The said Lessee, his heirs, or successors, shall pay to the said Fairhope Single Tax Corporation, its successors or assigns, in equal
payments, on the fast days of January and July each year, the annual rental value of said land, exclusive of his improvements thereon, to be determined
by the said Corporation through its Executive Council or Board of Directors, under its avowed principle of so fixing the rentals of its lands as to
equalize the varying advantage of location and natural qualities of different tracts and convert into the treasury of the Corporation for the common
benefit of its Lessees, all values attaching to such lands, exclusive of improvements thereon. And the said Lessee, for himself and his heirs, hereby
expressly agrees that the said annual rent shall be determined by the said Corporation upon the principle just stated, and shall be expended by said
Corporation, subject to the conditions hereinafter stated.
(2) Lessee agrees not to authorize or permit any nuisance on the leaseliold land, to comply with any applicable laws and ordinances ofthe City
of Fairhope, County of Baldwin, and State of Alabama, and further agrees that Lessee will, by no act or omission to act, render Lessor liable for any
violation of such city laws or ordinances or county or state laws.
(3) In consideration of the agreement of said Lessee to pay the rentals herein provided for, the Fairhope Single Tax Corporation will pay all
taxes, upon the land leased and the improvements and personal property (moneys and credits excepted) held by Lessee upon the land herein leased; or
will accept from the Lessee on rent, receipts of the County Tax Collector or Clerk of City of Fairhope, for taxes paid to State, County, School Districts,
or City, upon the improvements and personal property (moneys and credits excepted) held by Lessee upon the land herein leased; or, if all rent due be
paid, will give him a certificate in amount equal to such acceptable tax receipts remaining, receivable from bearer at face value on rent, or in discharge
of any indebtedness to the said Corporation; provided that said Lessee will appoint whomsoever may be designated by the Corporation as his agent to
return his property for taxation where permitted by law so to do; that in no event shall the Corporation be bound to accept tax receipts on more than a
fair assessed valuation of the property, on the basis required by law, or to a greater amount for any year than the rent for that year on the land on which
such improvements and personal property are held.
(4) And the said Fairhope Single Tax Corporation further agrees inconsideration of the covenants of the said lease herewith evidenced, that no
part of the rents paid by Lessee upon the land herewith leased, shall be appropriated as dividends to its members or any other persons, but that all shall
be administered as a trust fund for the equal benefit of those leasing its lands.
(3) And the said Corporation still further agrees, that in the distribution of the benefits which its purpose is to secure for residents upon its
lands, no distinction shall be made between individuals, whether members of the Corporation or not, but that with the exception of the right of
members as participants in the government of the Corporation, all shall be treated with strict equality.
(6) It is mutually agreed that time is of the essence of this lease and that in the event Lessee shall fail to pay rent when the same is due or
violate any of the other conditions of this lease and said breach remains uncorrected for a period of ninety (90) days, Lessor may declare a default and
give written notice thereof by registered mail or its equivalent to Lessee and to any mortgagee (of the improvements on the leased land) at the last
address of such mortgagee known to Lessor and will add interest on said rent payment from date due, at the then legal interest rate declared by the
State of Alabama, and Lessor shall have a lien for the rent and the interest thereon to the date of reinstatement of the lease or sale as herein provided,
whichever last occurs. In the event Lessee fails to correct a rent deficiency within 90 days of any breach thereof, Lessor agrees to notify mortgagee by
registered mail of such default and Lessor hereby grants to mortgagee 60 days, beginning from the date of receipt of such notice, to cure Lessee's rental
defuilL Further, the mortgagee will be given 30 days written notice of the time, place and terms of sale of the property. In the event that the rent and
interest thereon are not paid within six months after due date and said rent default has not been corrected by Lessee or mortgagee within sixty (60) days
from date of written notice, then Lessor reserves the right (and Lessee agrees) at Lesson's option to re-enter the said leased land and to sell said
mortgaged improvements at public sale at the front door of the Baldwin County Courthouse located in Fairhope, Alabama, for cash to the highest
bidder, after fast giving thirty (30) days written notice of the time, place and terms of sale, together with a description of the property to be sold by
publication once a week for three consecutive weeks in a newspaper of general circulation in Fairhope, Alabama, and Lessor, its agent or attorney,
may conduct such sale and make and execute in the name of the Lessee proper conveyance of the property to the purchaser and the Lessee hereby
waives all right of redemption. The proceeds of said sale shall apply, fast to the payment of the costs of said sale, including a reasonable attorney's fee,
second, to the payment of the amount of said indebtedness (including interest and reasonable attorney's fee) which is secured by mortgages, to the
holders thereof, third to the payment of any indebtedness to the Corporation, and the balance, if any, to be paid over to Lessee. The sale of the
improvements by the foregoing procedure shall terminate all rights under this lease, provided, however, the purchaser at such sale, at purchasers
option, may remove any improvements on the land
(7) The Fairhope Single Tax Corporation agrees that in case of its dissolution, either by voluntary act of its members or otherwise, and the
division of its assets among its members, the said Lessee, if a member, shall be entitled to have the land herein described and leased - or so much of it
as he may designate - included in his portion, at its actual value at the time, exclusive of improvements thereon, and if it exceed in value such portion,
to purchase the excess at such valuation. If not a member, We Lessee may at such time acquire title to the land herein leased by paying to the
Corporation its actual value exclusive of improvements upon it.
(8) The Fairliope Single Tax Corporation believes its title to the lands herein leased to be good, and will use every proper means in its power to
maintain the same; but it is distinctly understood that the Corporation, acting only with the benevolent purpose to secure land and administer it for the
benefit of those who may desire its use, shall not be held liable for any losses resulting from defects in its title.
FSTC95 Page 1 of2
This document prepared by Fairhope Single Tax Corporation
336Fairhope Avenue
(9) The right is reserved by the Fairirope Single Tax Corporation to resume possession of all or any portion of the land herein described, for
public purposes only, on payment of the appraised value of the improvements thereon. The terms of this paragraph do not apply during the time a
mortgage exists on the leasehold interest and the improvements thereon.
(10) Should it become necessary to determine the value of said land, or of the improvements thereon, in compliance with the provisions of
clauses 3, 7, or 9, of this lease, the same shall be determined by three appraisers certified by the State of Alabama, to be selected as follows: the
Corporation and the Lessee each choosing one and the third to be selected by the two. Should any Lessee fail to name his choice within thirty days after
written notice by registered mail to do so, the Corporation may name one for him.
(11) Upon written request of Lessee, this lease and any leasehold interest evidenced hereby will be assigned to individuals, corporation,
partnerships or associations. Request will indicate monetary consideration, if any, mortgagee, if applicable, and will be accompanied by an appraisal
recently completed by a State of Alabama wed appraiser. If comparison of sales price and appraisal indicates additional land value is included in
sales price then additional rent may be charged in consonance with Paragraph I pending reappraisal by Baldwin County Tax Assessor. If a mortgage
exists, then mortgagee must approve assignment. An orientation on the lease must be completed by new Lessee prior to issuance of now lease.
(12) Surface rights only are hereby leased. All mineral rights are reserved by Lessor.
(13) This lease may be terminated by the Lessee after six months notice in writing to the Corporation and the payment of all rent due to the end
of such six months period. A Lessee having filed the required notice of desire to surrender, may dispose of any improvements thereon, (subject to the
Corporatiods lien for rent) but if not so disposed of, the land shall come to the Corporation, together with any improvements remaining thereon,
without'any clairp of the surrendering Lessee on account of such improvements, and the Corporation may decline to accept a partial surrender of a
leasehold where the portion surrendered or retained, would not, in its opinion, be desirable to otter Lessees. The terms of this paragraph do not apply
during the time a mortgage exists on the leasehold interests and improvements thereon or to a mortgagee that takes title as a result of foreclosure action
or by bill -of -sale in lieu of foreclosure. If mortgagee desires, a new lease will be issued to mortgagee without requirement for orientation cited in
Paragraph 11. When mortgagee sells the leasehold interests and improvements then Paragraph 11 applies.
IN WITNESS WHEREOF, THE PARTIES HEREUNTO HAVE SET THEIR HANDS IN DUPLICATE
THIS, 21st DAY OF Janaury, 2005
BY ORDER EX. OUNCIL December 15, 2004 FAI LE TAX CORPORATION
Lessee President
Lessee iS Secretary
STATE OF ALABAMA)
BALDWIN COUNTY f
I, the undersigned Notary Public in and for said County in said State, hereby certify that
Lawrence P. Thomas and Marsha R. Foster
President and Secretary of Fairhope Single Tax Corporation, a corporation signed to the
foregoing conveyance and who are known to me, acknowledged before me on this day, that,
being informed of the contents of the conveyance, they as such officers and with full authority,
executed the same voluntarily for and as the act of said corpor?%tiqn.
Given under my hand this _ day of CR
Notary P tic
NOTARY PUBLIC STAT. G:
MY COMMISSION E3:Pr. Z& G r I ..
NONDED TBRU NOTARY PUBLIC UNDERNMi 14il§
STATE OF ALABAMA)
BALDWIN COUNTY f
I, Margaret Y. Best , a Notary Public, in and for said
County in said State, hereby certify that John W. Bethea
whose name(s) is (are) signed to the foregoing instrument and who is (are) known to me,
acknowledged before me on this day that, being informed of the contents of the instrument, he
(she) (they) executed the same voluntarily on the day the sam a s date.
Given under my hand this.
Notary
NOTARY PUBLIC
MY COMMISSION
DONDED THRU NOTARY PUBLIC UNDiipoviici
FSTC95 Page 2 of 2
This document prepared byFairhope Single Tax Corporation
336 Falrhope Avenue ��