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HomeMy WebLinkAboutO-1292ORDINANCE NO. 1292 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 Fairhope Single Tax Corporation and Craig Turner Sheldon, Jr., Pagan Sheldon Mosher, and William Dean Mosher located at 457 Oak Avenue, Fairhope, Alabama. TAX PARCEL 46-03-37-0-007-067.001-501 Legal Description: (Case number ZC 06.01) Block sixteen (16) except Bancroft and Oak Streets and Municipal Park, Division four (4) of the land of lessor in the City of Fairhope, Alabama as per its plat thereof filed for record September 13, 1911, Miscellaneous Book 1, Pages 320-21, Probate Records; Section 17, T6S, R2E, Baldwin County, Alabama. A map of the property to be zoned is attached as Exhibit A The property is hereby rezoned from R-2 Medium Density Single Family Residential to 13-3a Tourist Resort Lodging District. 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 and approved this 13"' day of February, 2006. dothyy M Kant, Mayor Attest: Geniece Johnson, Ci C e t 3 6 FAMHOPE PLANNING COMM -fSSION � de)� Q HNAL REPORT Olt Z0NIiNG AN, 1E;.\DN1I:NT Text Changc to Zoning Ordinance V \, 1 Request for change of Zoning District fs'�G C By. (Applicant) 7 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 bile find that the proposed zoning district change Is (Is Not) 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 Nay Abstain R �a�M Respectfully submitted: hairman -. CORPO T COPY elo LEASE THIS LEASE, MADE THIS 15 th DAY OF_ July, 2000 , BY AND BETWEEN FAIRHOPE SINGLE TAX CORPORATION, "LESSOR" OF FAIRHOPE, BALDWIN COUNTY, ALABAMA, AND -Craig Turner Sheldon. Jr.. an undivided 1/3 interest; Pagan Sheldon Mosher, an undivided 1/3 interest A Pagan Sheldon Mosher 3 William Dean Mosher, an undivided 1/3 interest, as tenants in common with LIFE ESTATE RETAINED BY ANNIE LOWRIE LLOYD SHELDON. 457 Oak Ave. OF Fai rhone. 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: Block sixteen (16) except Bancroft and Oak Streets and Municipal Park, 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. 46-03-37-0-007-067.001.501 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 snid Fnirhope 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 trensury 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 pennit any nuisance on the leasehold land, to comply with any applicable laws and ordinances ofthe City of Fairhope, County of Baldwin, and Slate of Alabama, and further agrees flint 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 ]mid 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 file 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 pennitted 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 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 approprinled 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 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 aid 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 default Further, the mortgagee will be given 30 days written notice of the time, place and terns of sale of the property. In tine event that the rent and interest thereon are not paid within six months after due dale 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 Fnirhope, Alabama, for cash to the highest bidder, after first giving thirty (30) days written notice of the time, place and temis 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, first to the payment of the costs of said sale, including a reasonable attorneys 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 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 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 some; 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 This docriment prepared by Fairhope Single Tax Corporation 336 Fairhope Avenue Page I of 2