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ORDINANCE NO. 1277
AN ORDINANCE AMENDING ORDINANCE NO. 1253
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. 1253), adopted 27 June 2005, 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:
After 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 Dorothy W. Givens and Fairhope Single Tax Corporation, located at 19853 State
Highway 181 (aka County Road 27), Fairhope, Alabama.
Legal Description: (Case number ZC 05.19)
FROM THE NE CORNER OF THE NE1/4 SECTION OF 22, T6S, BALDWIN COUNTY, ALABAMA, RUN
SOUTH ALONG THE E LINE OF SAID SECTION 22,664 FEET TO A POINT; THENCE RUN N 89°57'50" W,
40 FEET TO AN IRON PIN LYING ON THE W ROW LINE OF COUNTY ROAD #27 FOR THE POINT OF
BEGINNING; THENCE CONTINUE N 89°57'50" W, 1,278.54 FEET TO A FENCE CORNER POST; THENCE
RUN S 00°02'30" E, 162.46 FEET TO AN IRON PIN; THENCE RUN S 89°56'03" E, 690 FEET TO AN IRON
PIN; THENCE RUN S 00°02'30" E, 140.45 FEET TO AN IRON PIN; THENCE RUN S 89°56'03" E, 588.66 FEET
TO AN IRON PIN LYING ON SAID W ROW LINE; THENCE RUN N 00°03'48" W, ALONG SAID W ROW
LINE, 303.58 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 6.8 ACRES, MORE OR
LESS.
A map of the property to be rezoned is attached as Exhibit A
The classification of said property is hereby changed from R-A Residential/Agriculture to
R-1 Low -Density Single Family Residential. This property shall hereafter be lawful to
construct on such property any structures permitted by Ordinance No. 1253 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 approve
by the Building Official of the City of Fairhope and that any structure be erected only in
compliance with such laws, including the requirements of Ordinance No. 1253.
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 281h DAY OF November , 2005
Z LL ATTEST:
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Geniece W. Johnson, COICIOFUTreasurer
Il,-UO-J`)H1 I : 13 ')
FAMIJOPE PLANNING CON�rl. MSION 1��3 �
FINAL REPORT OF ZONING ANIENDNIFNT
j Text Chan;e to Zoning Ordinance
Request for change of Zoning District
(Applicant)
1DescriI )tion and Map is attached �
I
The Coninvssion has held a public hearing on this matter prior to this final report and wishes
- -to report to the rairhope 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
4We find that the proposed zoning district ch' rige (1s)_ (Is Not) in conformity
with the comprehensive plan and in the best interests of the City as a whole, and
__V(Do) (Do Nlot) Recommend that the City Council adopt an ordinance
implementing the proposed changes as provided by law.
Members
Present
g
Voting Aye Voting Nay Abstain
X
Respectfully submitted:
01hairman
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CITY OF FAIRHOPE
PLANNING AND ZONING COMMISSION COVER SHEET
October 3, 2005
C 05-19 Public Hearing to Consider the Request of Dorothy W. Givens for a
Zoning Change from R-A Residential/Agricultural to R-1 Single
Family Residential for her property located at 19853 State Highway
181.
STAFF INTERPRETATION:
Ms. Givens has made a request to rezone property from R-A
Residential/Agriculture to R-1 Low Density Single Family Residential in order to
give a piece to her son. The lot size requirement for R-A is 3 acres and the land
she will be giving her son does not meet this requirement, but it will meet the
dimension of a R-1 lot. The property'is approximately 6.68 acres.
The issues associated with this request are as follows:
Comprehensive Plan: This request is not contrary to the plan
STAFF RECOMMENDATION:
To approve as presented.
Respectfully Submitted for Consideration,
Summer Woodson
Planner
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CORPO iN COPY
LEASE
THIS LEASE, MADE THIS 26 th DAY OF April, 2001 , BY AND BETWEEN FAIRHOPE SINGLE
TAX CORPORATION, "LESSOR", OF FAIRHOPE, BALDWIN COUNTY, ALABAMA, AND
P" D'orot•hv W. Givens
19853 CO- - Rd- 27 OF Fairhope, AT. , 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:
PARCEL A
From the NE corner of the NE % of Section 22, T6S, R2E, Baldwin County, Alabama, run South along the E line of
said Section 22, 664 feet to a point; thence run N 89e 57' 50" W, 40 feet to an iron pin lying on the W r.o.w. line of Co.
Rd. #27 for the POINT OF BEGINNING; thence continue N 89e 57' 50" W, 1,278.54 feet to a fence corner post;
thence run S 000 02' 30" E, 162.46 feet to an iron pin; thence run S 89e 56' 03" E, 690 feet to an iron pin; thence run
S 000 02' 30" E. 140.45 feet to an iron pin; thence run S 89e 56' 03" E, 588.66 feet to an iron pin lying on said W r.o.w.
line; thence run N 000 03' 48" W, along said W r.o.w. line, 303.58 feet to the POINT OF BEGINNING. Said parcel
contains 6.8 acres, more or less.
46-05-22-0-000-001.514 & 001.515
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 Corporntion, its successors or assigns, in equal
payments, on the first days of January and July each year, the annual rental value of said land, exclusive of leis 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 lrensury of the Corporation for the common
benefit of its Lessees, nil 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 detennined by die said Corporation upon the principle just slated, 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 leasehold Innd, to comply with any applicable laws and ordinances ofthe City
of Fairhope, County of Baldwin, and Stale of Alabama, and further ngrees dint Lessee will, by no nct 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 dhc 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 Slate, County, School Districts,
or City, upon the improvements and personal property (moneys and credits excepted) held by Lessee upon the land herein lensed; 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 tint said Lessee will nppoint 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 lax 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 die said Fairhope Single Tax Corporation further agrees in consideration of the covenants of die 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 must fluid for the equal benefit of those leasing its lands.
(5) And the snid Corporation still further agrees, flint 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 tine 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 sane 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 die improvements on the leased land) at die last
address of such mortgagee known to Lessor and will add interest on said rent payment from dale due, at the then legal interest rate declared by the
State of Alabama, and Lessor shall have a lien for the rent and tlhe interest thereon to the date of reinstatement of the lease or sale as hereui 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 mortgngee 60 days, beginning from the date of receipt of such notice, to cure Lessee's rental
default. Further, die mortgagee will be given 30 days written notice of die 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 Lessor's option to re-enter the said lensed land and to sell said
mortgaged improvements at public sale nt the front door of the Baldwin County Courthouse located in Fairhope, Alabama, for cash to the highest
bidder, after first giving thirty (30) days written notice of the time, place and terms of sale, together with a description of die properly 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 die Lessee proper conveyance of the property to the purchaser and the Lessee hereby
waives all right of redemption. The proceeds of said sale shrill apply, first 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 purchaser's
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 die excess at such valuation. If not a member, the Lessee may at such tune acquire title to the land herein leased by paying to the
Corporation its actual value exclusive of improvements upon it.
(8) The Fairhope 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 die Corporation, acting only with die 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 frorn defects in its title.
FSTC95 Page 1 0�2 J
This document prepared by Fairhope Single Tax Corporation �/
336 Fairhope Avenue
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