HomeMy WebLinkAboutO-1318+. m
a
w
an
cm
a
a
a
�s
�C i7
ZNA
O
41
2.~
y
.� N � f
g
■ (1J
y�
IA C
u
4Aas
o
ORDINANCE NO. 1318
AN ORDINANCE AMENDING ORDINANCE NO. 1253
KNOWN AS THE ZONING ORDINANCE
CONCURRENT WITH ANNEXATION
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
v
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 Eastern Shore Medical Plaza, LLC (Craig R. Peterson), generally located just South of the
intersection of Greeno Road and Middle Street (South of Holiday Inn Express), Fairhope, Alabama.
TAX PARCEL 05-46-04-20-1-000-048.000
Legal Description: (Case number ZC 06.16)
DESCRIPTION PARCEL A:
FROM THE NORTHEAST CORNER OF SECTION 20, TOWNSHIP 6 SOUTH, RANGE 2 EAST,
BALDWIN COUNTY, ALABAMA, RUN SOUTH 00°33'26" EAST, A DISTANCE OF 1,348.0 FEET
TO A POINT; THENCE RUN SOUTH 89°27'56" WEST, A DISTANCE OF 94.19 FEET TO AN IRON
PIN LYING ON THE WEST RIGHT-OF-WAY LINE OF GREENO ROAD AND THE SOUTH LINE OF
A 20 FOOT ROAD RESERVATION FOR THE POINT OF BEGINNING; THENCE RUN SOUTH
00°30' 17", EAST, ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 94.31 FEET TO AN
IRON PIN; THENCE RUN SOUTH 89°27'56" WEST A DISTANCE OF 136.54 FEET TO AN IRON
PIN; THENCE RUN SOUTH 00°32'08" EAST, A DISTANCE OF 208.99 FEET TO AN IRON PIN;
THENCE RUNNORTH 85044"09" WEST, A DISTANCE OF 170.07 FEET TO AN IRON PIN; THENCE
RUN NORTH 00007"11" WEST, A DISTANCE OF 289.08 FEET TO THE SOUTH RIGHT-OF-WAY
LINE OF SAID 20 FOOT RESERVED RIGHT-OF-WAY, THENCE RUN NORTH 89°27"56" EAST,
ALONG SAID SOUTH RIGHT-OF-WAY LINE, TO THE POINT OF BEGINNING. SAID PARCEL OF
LAND CONTAINS 1.44 ACRES, MORE OR LESS.
DESCRIPTION PARCEL B:
FROM THE NORTHEAST CORNER OF SECTION 20, TOWNSHIP 6 SOUTH, RANGE 2 EAST,
BALDWIN COUNTY, ALABAMA, RUN SOUTH 00°33'26" EAST, A DISTANCE OF 1,348.0 FEET
TO A POINT; THENCE RUN SOUTH 89°27"56" WEST, A DISTANCE OF 94.19 FEET TO AN IRON
PIN LYING ON THE WEST RIGHT-OF-WAY LINE OF GREENO ROAD AND THE SOUTH LINE OF
A 20 FOOT ROAD RESERVATION; THENCE CONTINUE SOUTH 89°27'56" WEST, A DISTANCE
OF 303.97 FEET TO AN IRON PIN FOR THE POINT OF BEGINNING; THENCE RUN SOUTH
00007"11" EAST, A DISTANCE OF 289.08 FEET TO AN IRON PIN; THENCE RUN NORTH
85044"09" WEST, A DISTANCE OF 176.60 FEET TO AN IRON PIN; THENCE RUN NORTH
00002"51" WEST, A DISTANCE OF 70.00 FEET TO AN IRON PIN; THENCE RUN SOUTH 89°42"53"
WEST, A DISTANCE OF 62.57 FEET TO A CONCRETE MONUMENT; THENCE RUN NORTH
00007"11" WEST, A DISTANCE OF 204.04 FEET TO AN IRON PIN LYING ON THE SAID SOUTH
LINE OF A 20 FOOT RIGHT-OF-WAY RESERVATION; THENCE RUN NORTH 89°27"56" EAST,
ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 238.58 FEET TO THE POINT OF
BEGINNING. SAID PARCEL OF LAND CONTAINS 1.43 ACRES, MORE OR LESS.
A map of the property to be zoned is attached as Exhibit A
1. That, the following conditions shall be adhered to:
Fences:
An eight -foot privacy fence shall be constructed along the East, South, and West
boundaries.
MAIL TO:
City of Fairhope
PO Drawer 429
Fairhope, AL 36532
Ordinance No. 1318
Page —2-
Landscaping:
• A landscaping buffer shall be installed along the East, South, and West boundaries.
The property is hereby initially zoned to B-4 Business and Professional 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 23"d day of October 2006.
j � w
M. Itant, qayor
Attest:
e ` �Z//'
Geniece Johnson, City Cle
"L TO:
City of Fairhope
PO Drawer 429
Fairhope, AL 3653%1
of
ch
LO
N c� Q.
0 J
O _
1�
. a
J ODLv v�
CITY OF FAIRHOPE
CONDITIONAL PETITION FOR
ANNEXATION FORM
STATE OF ALABAMA )(
COUNTY OF BALDWIN )(
We, the undersigned PETITIONER(S), owner(s) of the lands in fee simple described in the attached EXHIBIT A, such
property being without the Corporate Limits of the City of Fairhope, Alabama, but being contiguous to the said Corporate
Limits; and such property not lying within the corporate limits or police jurisdiction of any other municipality, do, by these
presents, hereby petition the City of Fairhope, a municipal corporation, that said property be annexed into the City of
Fairhope, Alabama.
The subject land is delineated on the map attached hereto as EXHIBIT B.
This petition is filed under authority of Section 11-42-21, Code of Alabama, 1975, as amended.
THE CONDITION OF THE PETITION IS THAT ZONING BE ESTABLISHED
AS B-4
CONCURRENT WITH ANNEXATION.
IN WITNESS WHEREOF, the PETITIONER(S) have caused these presents to be executed this day of
, 200
Signature f petitioner
Signature of petitioner
t,ly (Z
Print petitioner's name
Print petitioner's name
Physical Address of property being annexed: South of H o l i d a y I n n Express on G r e e n o %)v
Petitioner's Current Physical Address:
433 Village Dr.
Daphne,Al 36526
Telephone Number(s): 6 2 8— 8 8 4 0
Petitioner's Current Mailing Address:
433 Village Dr.
Daphne,Al 36526
990-1930
Home Work
County Tax Parcel Number: 05-46-04-20-1-000-048.000
U.S. JUSTICE DEPARTMENT INFORMATION
❑ Size of property (acres or square feet) 2.87 acres
❑ If property is occupied, give number of housing units. N/A
❑ Number of Persons residing in each unit, and their race N / A
❑ If property is unoccupied, give proposed use Professional Medical
❑ If this is a development - Complete Proposed Development Form.
A COPY OF THE LEGAL DESCRIPTION, AND A MAP OF THE PROPERTY MUST BE SUBMITTED WITH PETITION
STATE OF ALABAMA )(
COUNTY OF BALDWIN)(
j
I, M • (9a\4 le I'1 L I buy-n a Notary Public in and for said State and County, hereby certify that the
above PETITIONER(s) whose name(s) is/are signed to the forgoing Petition and who is/are known to me, this day appeared
before me and, being first duly sworn, acknowledge that he/she/they have voluntarily executed this Petition on this day same
bears date. ,;1d
Given under my Hand and Seal this �0�j 4� day of �(,(_ y� , 200
(Seal)
Th''s t-istrument prepared by:
Office of the City Clerk, City of Fairhope
P. O. Drawer 429, Fairhppe, AL 36533 (251) 928-2136
10/2001
7/ A Notary Public
My commission a ires NOTARY PUBLIC STATE OF ALABAMA AT L 00E
BONDED TIIRU NOTARY PUBLIC UNDERWRITERS
I%
t
CITY OF FAIRHOPE
CONDITIONAL PETITION FOR
ANNEXATION FORM
Eastern Shore Medical Plaza, LLC: 2.87 Acres +/- N
Parcel No. 05-46-04-20-1-000-048.000
W E
To the North of Site is zoned M-1 and to the south of Site is zoned R-1.
The proposed Site is contiguous to the adjacent property * coF O15
Seeking Zone B-4 ��� 1 S D.
a;ity of metope
PO Drawer 429
r-airhooe, AL 36532
�zw
CITY OF FAIRHOPE
CONDITIONAL PETITION FOR
ANNEXATION FORM
Eastern Shore Medical Plaza, LLC: 2.87 Acres +/- N
Parcel No. 05-46-04-20-1-000-048.000
W E
To the North of Site is zoned M-1 and to the south of Site is zoned R-1.
The proposed Site is contiguous to the adjacent property S
Seeking Zone B-4
COF GIS
812005
D. POVMI
08-08-06A11:41 RCVOr� 15v,
6
I+AMHOPE PLANNING CON USSION
FINAL REPORT OF ZONING AN1F..XDN11;NT
Text Change to Zoning Ordinance
Request for change of Zoning District ►J— 6 ���ti
',A
By: lit
(Ap 1ica�ng
escription acid 'Map is atiached
I
The Cmission his field a public hearing on this matter prior to this final report and wishes
to reportomto the Fairhope City Council as follows:
w' AWe (Do) (Do Not) recommend the proposed zoning text changes as wise,
exped ent 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 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
T-,tr
Vai,�
Respectfully submitted:
Chairman
09-08-0001:51 RCVD
09-1;-2006 11:31AM FROM-SASKERVILLE DONOVAN
T-143 P.002 F-060
SURVEYOR CERTIFICATION:
I, JOSEPH T. REGAN, JR. A. LICENSED PROFESSIONAL LAND SURVEYOR IN
THE STATE OF ALABAMA, FOR BASKERVILLE-DONOVAN, INC., STATE
THAT THIS IS A PLAT OF AST ACTUAL FIELD SURVEY OF.LOTS 1 - 3,
INCLUSIVE OF PETERSON MEDICAL PARK, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
RECORD DESCRIPTION PARCEL A;
FROM THE NORTHEAST CORNED. OF SECTION 20, TOWNSHIP 6 SOUTH,
RANGE 2 EAST, BALDWIN COUNTY, ALABAMA, RUN SOUTH 00"33'26" EAST,
A DISTANCE OF 1,348.0 FEET TO A POINT; THENCE RUN SOUTH 89°27'56"
WEST, A DISTANCE OF 94.19 FEET TO AN IRON PIN LYING ON THE WEST
RIGHT-OF-WAY LINE OF GREENO ROAD AND THE SOUTH LINE OF A 20
FOOT ROAD RESERVATION FOR THE POINT OF BEGINNING; THENCE RUN
SOUTH 00-30-17", EAST, ALONG SAID WEST RIGHT-OF-WAY LINE A
DISTANCE OF 94.31 FEET TO AN IRON PIN; THENCE RUN SOUTH 89°27'56"
WEST A DISTANCE OF 136.54 FEET TO AN IRON PIN; THENCE RUN SOUTH
00032'08" EAST, A DISTANCE OF 208.99 FEET TO AN IRON PIN; THENCE RUN
NORTH 85.44, 09" WEST, A DISTANCE OF 170.07 FEET TO AN IRON PIN;
THENCE RUN NORTH 00"07' 11" WEST, A DISTANCE OF 289.09 FEET TO THE
SOUTH RIGHT-OF-WAY LINE OF SAID 20 FOOT RESERVED RIGHT-OF-WAY,
THENCE RUN NORTH 89D27'56" EAST, ALONG SAID SOUTH RIGHT-OF-WAY
LINE, TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 1.44
ACRES, MORE OR LESS.
RECORD DESCRIPTION PARCEL B;
FROM THE NORTHEAST CORNER OF SECTION 20, TOWNSHIP 6 SOUTH,
RANGE 2 EAST, BALDWIN COUNTY, ALABAMA, RUN SOUTH 00033'26" EAST:
A DISTANCE OF 1,348.0 FEET TO A POINT; THENCE RUN SOUTH 89027-56"
WEST, A DISTANCE OF 94.19 FEET TO AN IRON PIN LYING ON THE WEST
RIGHT-OF-WAY LINE OF GREENO ROAD AND THE SOUTH LINE OF A 20
FOOT ROAD RESERVATION; THENCE CONTINUE SOUTH 89°2756" WEST, A
DISTANCE OF 303.97 FEET TO AN IRON PIN FOR THE POINT OF BEGINNING;
THENCE RUN SOUTH 00"01'11" EAST, A DISTANCE OF 289.09 FEET TO AN
IRON PIN; THENCE RUN NORTH 85°44'09" WEST, A DISTANCE OF 176.60 FEET
TO AN IRON PIN; THENCE RUN NORTH 00°02'51" WEST, A DISTANCE OF
70.00 FEET TO AN IRON PIN; THENCE RUN SOUTH 89*42'53" WEST, A
DISTANCE OF 62.57 FEET TO A CONCRETE MONUMENT; THENCE RUN
NORTH 00007'11" WEST, A DISTANCE OF 204.04 FEET TO AN IRON PIN LYING
ON THE SAID SOUTH LINE OF A 20 FOOT RIGHT-OF-WAY RESERVATION;
THENCE RUN NORTH 89027'56" EAST, ALONG SAID SOUTH RIGHT -OF -WAX
LINE A DISTANCE OF 238.58 FEET TO THE POINT OF BEGINNING. SAID
PARCEL OF LAND CONTAINS 1.43 ACRES, MORE OR LESS.
09-14-06A11:03 RCVDW
0\�'
09-11-2006 11:32AM FROM-BASKERVILLE DONOVAN
T-143 P.003 F-060
DESCRUTION FROM FIELD SURVEY OF ENTIRE BOUNDARY:
FROM THE NORTHEAST CORNER OF SECTION 20, TOWNSHIP 6 SOUTH,
RANGE 2 EAST, BALDWIN COUNTY, ALABAMA, RUN SOUTH 00°33'26" EAST,
A DISTANCE OF 1,348.0 FEET TO A POINT; THENCE RUN SOUTH 89°27'56"
WEST, A DISTANCE OF 94.19 FEET TO ANT IRON PIN LYING ON THE WEST
RIGHT—OF—WAY LINE OF GREENO ROAD AND THE SOUTH LINE OF A 20
FOOT ROAD RESERVATION FOR THE POINT OF BEGINNING; THENCE RUTIN
SOUTH 00"29'50" EAST ALONG SAID WEST RIGHT-OF—WAY A DISTANCE OF
94.35 FEET TO A CAPPED REBAR FOUND (MOORE): THENCE RUN SOUTH
89027,29" WEST A DISTANCE OF I36.58' TO A CAPPED REBAR FOUND
(MOOD); THENCE RUN SOUTH 00' 32'04" EAST A DISTANCE OF 208.99 FEET
TO A CAPPED REBAR FOUND: THENCE RUN NORTH 85¢43'23" WEST A
DISTANCE OF 346.75 FEET TO A CAPPED REBAR FOUND (MOORE); THENCE
RUN NORTH 00c'01'08" WEST A DISTANCE OF 69.96 FEET TO A CAPPED
REBAR FOUND (MOORE); TITENCE RUN SOUTH 89'43'17" NEST A DISTANCE
OF 62.51 FEET TO A CONCRETE MONUMENT; THENCE RUN NORTH 00°07'54"
WEST A DISTANCE OF 204.04 FEET TO A CAPPED REBAR FOUND (MOORE)
AND THE AFOREMENTIONED SOUTH LINE OF THE 20 FOOT ROAD
RESERVATION; THENCE RUN NORTH 89°27'56" EAST AND ALONG THE
SOUTH LINE OF THE 20 FOOT ROAD RESERVATION A DISTANCE OF 542.61
FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 2.87
ACMES MORE OR LESS.
I FURTHER STATE THAT ALL PARTS OF THIS SURVEY AND DRAWING HAVE
BEEN COMPLETED IN ACCORDANCE WITH THE CURRENT REQUIREMENTS
OF THE STANDARDS FOR TFIE PRACTICE FOR LAND SURVEYING IN THE
STATE OF ALABAMA TO THE BEST OF MY KNOWLEDGE, INFORMATION
AND BELIEF,
THIS THE DAY OF , 2006.
JOSEPH T. REGAN, JR. FOR
BASIER.VILLE—DONOVAN, INC.
ALA LICENSE NO. 14563
r
STATE OF ALABAMA)
COUNTY OF BALDWIN) WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS that ETHEL BRYANT ALLEN, a
married woman conveying property not a part of her homestead, and
SHIRLYNE WOODLEY, a single woman, the Grantors, for and in
consideration of the sum of TEN ($10.00) DOLLARS and other good and
valuable consideration hereby acknowledged to have been paid to the
said Grantors by EASTERN SHORE MEDICAL PLAZA, LLC, the Grantee, do
hereby GRANT, BARGAIN, SELL AND CONVEY unto the said Grantee,
subject to the provisions hereinafter contained, all that real
property in the County of Baldwin, State of Alabama, described as
follows:
Parcel A:
From the Northeast corner of Section 20, Township 6
South, Range 2 East, Baldwin County, Alabama, run South
00' 33' 26" East, a distance of 1,348.0 feet to a point;
thence run South 89° 27' 56" West, a distance of 94.19
feet to an iron pin lying on the West right-of-way line
of Greeno Road and the South line of a 20' road
Reservation for the Point of Beginning; thence run South
000 30' 1711 E, along said West right-of-way line a
distance of 94.31 feet to an iron pin; thence run South
890 27' 56" West, a distance of 136.54 feet to an iron
pin; thence run South 000 32' 08" East, a distance of
208.99 feet to an iron pin; thence run North 850 441 09"
West, a distance of 170.07 feet to an iron pin; thence
run North 000 07' 11" West, a distance of 289.08 feet to
the South right-of-way line of said 20 foot reserved
right-of-way, thence run North 890 27' 56" East, along
said South right-of-way line, to the Point of of Beginning.
Said parcel of land contains 1.44 acres, more or less.
Parcel 9:
From the Northeast corner of Section 20, Township 6
South, Range 2 East, Baldwin County, Alabama, run South
001 33' 2611 East, a distance of 1,348.0 feet to a point;
thence run South 890 27' S6" West, a distance of 94.19
feet to an iron pin lying on the West right-of-way line
of Greeno Road and the South line of a 20' road
o
Reservation; thence continue South 890 27' 56" West, a
N
distance of 303.97 feet to an iron pin for the Point of
Beginning; thence run South 000 07' 11" East, a distance
v
of 289.08 feet to an iron pin; thence run North 850 44'
09" West, a distance of 176.60 feet to an iron
pin;
thence run North 000 02' S1" West, a distance of 70.00
'
feet to an iron pin; thence run South 890 42' 53" West,
a distance of 62.57 feet to a Concrete Monument; thence
run North 00° 07' 11" West, a distance of 204.04 feet to
..
an iron pin lying on the said South line of a 20-foot
right-of-way reservation; thence run North 890 27' 56"
East, along said South right-of-way line a distance of
238.5.3 feet to the Point of Beginning. Said parcel of
land
contains 1.43 acres, more or less.
together with all and singular the rights, privileges, tenements,
hereditaments and appurtenances thereunto belonging, or in anywise
appertaining; TO HAVE AND TO HOLD the same unto the said Grantee
and to its heirs and assigns, forever.
This conveyance is made subject to any and all restrictive
covenants, easements, reservations, minerals reservations,
conveyance of minerals, and rights of way applicable to said
property of record in the said Probate Court records.
And, except as to the above, and the taxes hereafter falling
due, the said Grantors, for themselves and for their heirs and
assigns, hereby covenant with the Grantee that they are seized of
an indefeasible estate in fee simple in and to said property, that
said property is free and clear of all encumbrances and that they
do hereby 14ARRANT AND WILL FOREVER DEFEND the title to said
property, and the possession thereof, unto the said Grantee, its
heirs and assigns, against the lawful claims of all persons,
whomsoever.
IN WITNESS WHEREOF, the said Grantors have hereunto set their
hands and seals this the 2 14' day of December, 2004.
0
Is
(SEAL) o
ETHE / RYANT ALLEN
d
/ IGL (SEAL)
SHIRLY WOODLEY
r
STATE OF MICHIGAN)
19
COUNTY OF & a /< ,Iv �
I, the Jndersigned Notary Public, in and for said State and
County, hereby certify that ETHEL BRYANT ALLEN and SHIRLYNE
WOODLEY, the Grantors herein, whose names are 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 executed the same voluntarily on the day same
bears date..
Giver. under my hand and seal this ��1k
2004. day of December,
NOTARY PUBL , STATE AT LARGE
My commission expires: icCP•I CRi:SOr
V A71,Y FUBLIO WAYNE ✓<�•r •'•
�!: E•:PIRcS Fnti �'
Grantors address: �j 3 i r3 N c r� y 17 [ 7 e
Grantees address:
The within instrument prepared by:
Ron E. Kopesky
Attorney at Law
P. O. Box 1138
Fairhope, AL 36533
93
VA
Baldwin County - RevCmn[n Map Viewer - -
N.
Parcel Search
PIN.
!!-
PID:
S
E +E
Ovvner:
eee -
Add!-ess: vv e ee
W
Enter one or more
pieces of infomatra7 _ ! . ,. -. r L
and tit 'Go': .s ,
r .' +
-• r�"� A -'2 l �' f'�;d LS � � x.�t � .. .+.-}�"" cd �a. r. g
L'bt[3OZ138'- Long:-87.8871 Aerial Photos: U
- A y of t n t t' ont d ther lh a ldwin [aun[V'a +nteroet tng a i:bi
rbe, n this d+gri tzi dzlz - tr b ted by the 8 lcAr -county [ s d d f .azpP yr r r w
Barad b/ tb t. forp - d o, a ast h y. eb £ r [Y9df pu2rJ ., stlokn a un t�r�ss+ontezlrs -
P t cal pp T se of suefi re Folwt dz zedrd 1' ���lerz a trey f zbe li ty, or su [sbili lY For my - -
the s lc+w Cazeissran or , t, s m or p pre r ted F ebe ty-.[ gr�yoS+c DztzbzU Addi t+onzlty,
rcl: zncr apnn Se dz:s; znd s_u 1 spdn>,brlt[y m,a [ntzinbt ��o etr or tFora.tbe a oF, a -
the city limits and pfzon.ng ,ra.-:so+rtion sb{oe£ e c by th 8 dw [ ty P1 in & Z n yy srener[t'znd sfiau ld-only br used
efeu checLwr th :he c+ ob[z+n deF of to b uadzrre9.�
e tits to
0,2
®®®® 0 r