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HomeMy WebLinkAboutO-1282ORDINANCE NO. 1282 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 John M. Johnson, III and Patricia K. Johnson and the Fairhope Single Tax Corporation, located at 52 North School Street, Fairhope, Alabama TAX PARCEL 46-03-37-0-007-073.504 Legal Description: (Case number ZC 05.24) LOT SEVENTEEN (17), EXCEPT THE WEST 24 FEET OF THE NORTH 42 FEET THEREOF AND LOT EIGHTEEN (18), EXCEPT THE NORTH 42 FEET THEREOF, BLOCK B, DIVISION FOUR (4) OF THE LAND OF LESSOR IN THE CITY OF FAIRHOPE, ALABAMA AS PER ITS PARTIAL REPLAT THEREOF FILED FOR RECORD SEPT. 30, 1931, MAP BOOK 1, PAGE 134. SECTION 17, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. A map of the property to be zoned is attached as Exhibit A The classification of said property is hereby changed from R-2 Medium Density Single Family Residential to R-4 Low Density Multi -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 121h DAY OF December v' I Kant, M Geniece W. Johnson, 0011I1 9. FAMIJOPE PLANNING CONOUS ION RNIAL REPORT OF ZONING ANI I:NI) it,N l Text Change to Zoning Ordinance Request for change of Zoning District By:, Y l�ll1 �1�IIA�y� CJ� (Applicant)` Description and Map is at ached l) 1 /o 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 We find that the proposed zoning district change (Is) (Is Not) in conformity with the comprehensive plan and in the best inter• estts 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 0 Voting Aye Voting Nay Abstain Respectfully submitted: hairman -. ,k LEASE THIS LEASE, MADE THIS 19 th DAY OF January_ 19_9 Z, BY AND BETWEEN FAIRHOPE SINGLE TAX CORPORATION, "LESSOR", OF FAIRHOPE, BALDWIN COUNTY, ALABAMA, AND John M. Johnson, III & Patricia K. Johnson, husband & wife as 'oint tenants with right of survivorship. 52 N School St OFFairhope, 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 seventeen (17), except the West 24 feet of the North 42 feet thereof and Lot eighteen (18), except the North 42 feet thereof, Block B, Division four (4) of the land of lessor in the City of Fairhope, Alabama as per its partial replat thereof filed for record Sept. 30, 1931, Map Book 1, Page 134. Section 17, Township 6 South, Range 2 East, 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 first 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 leasehold land, to comply with any applicable laws and ordinances of the City of Fairhope, County of Baldwin, and State of Alabama, and further agrees that Lessee will, by no act or onnission 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 Vie 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 beaier 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 bylaw so to do; that in no event shall the Corporation be bound to accept tax ripts on more than a fair assessed valuation of the property, on the basis required by law, or to a ece greater amount for any year tOthe 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 in consideration 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. (5) 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 member, 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 time 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 Iast address of such mortgagee known to Lessor and will add interest on said rent payment from date due, at the then Iegal 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 time I' l i to sale as herein provided, whichever last occurs. In the event Lessee fails to correct a rent deficiency within 90 days of any. broach thereof, Lesso� 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 default. 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 Lessor'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 first. 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 Fairlhope, 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, 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 attorneys fee) which is secured by mortgages, to the holders thereof, third to the payment of any indebtedness to time 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 the 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, the 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 Fairlmope 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 ac minister 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 This document prepared by Fairhope Single Tax Corporation Page 1 of 336 Fairhope Avenue (9) The right is reserved by the Fairhope 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 (lie improvements thereon. The terns of this paragraph do not apply during the time a mortgage exists on tie leasehold interest and the improvements thereon. (10) Should it become necessary to determine the'value or said land, or of tie 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 Slate of Alabama, to be selected as follows: the i 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 certified 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 1 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 ofnew 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 Corporation's lien for rent) but if not so disposed of, the land shall come to the Corporation, together with any improvements remaining thereon, without any claigh 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 other Lessees. The terms ofthis 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 19 th DAY OF January, , 19_6 _ �''em •i ® �� STATE OF ALABAMA) BALDWIN COUNTY I, the undersigned Notary Public in and for said County in said State, hereby certify that Charles B. Ingersoll and Gale W. Rowe 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 samevoluntarily for and as the act of said cot ration. Given under my hand this /? day of 19 No r Pub c NOTARY PUBLIC STATE OF ALABANI,-, AT I.A'riGi. MY COIVIMISSION r'XP1P S: Mar. 7, BONDED THRU NOTARY PUBLIC UNDERiM11ERS, 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 M. Johnson, III & Patricia K. Johnson 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 same bears date. Given under my hand- this. day of 19 N &try Publf - MY COMMISSION k_XPn'E&: Nlzr. T L 9.m BONDED THRU NOTARY PUBLIC .S, n�- FSTC95 This document prepared by Fairhope Single Tax Corporation Page 2 of2 336FairhopeAvenue