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Home My WebLink AboutO-1434BALDWIN COUNTY, ALABAMA — TIM RUSSELL PROBATE JUDGE ■`7 Filed/cert. 9117/2010 1:38 PIA TOTAL $ 37.00 — — 9 Pages 1t�7 I1 RE 11.'`.'r1�� Gl ORDINANCE NO. 1434 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 Map of the City of Fairhope, be and the same hereby is changed and altered in respect to that certain real property hereinafter described (the "Property"). Point Clear Partners, LLC has submitted an application requesting the Property be initially zoned Tourism Resort (TR) District concurrent with Annexation into the City of Fairhope, a copy of which application is attached hereto as Exhibit B (the "Application"). After the appropriate public notice and hearing, the Planning and Zoning Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation. The Property is located off Battles Road, is commonly referred to as "The Colony at the Grand" and is more particularly described as follows: The Colony at the Grand TAX PARCELS: 05-46-09-30-0-000-078.000 05-46-09-30-0-000-078.002 05-46-09-30-0-000-078.003 05-46-09-30-0-000-080.000 05-46-09-30-0-000-081.000 05-46-09-30-0-000-088.000 05-46-09-30-0-000-088.001 05-46-09-30-0-000-089.000 Legal Description: (Case number ZC 10.04) PARCEL L COMMENCING AT THE "LOCALLY ACCEPTED" SOUTHEAST CORNER OF SECTION 30, TOWNSHIP 6 SOUTH, RANGE 2 EAST, ST. STEPHENS MERIDEAN AND RUN THENCE NORTH 89 DEGREES 50 MINUTES 14 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SECTION 30, A DISTANCE OF 669.89 FEET; THENCE RUN NORTH 00 DEGREES 07 MINUTES 54 SECONDS WEST, 20.11 FEET TO AN IRON PIN MARKER FOR A POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED: THENCE CONTINUE NORTH 00 DEGREES 07 MINUTES 54 SECONDS WEST, 1308.25 FEET TO AN IRON PIN MARKER; THENCE RUN NORTH 89 DEGREES 16 MINUTES 22 SECONDS WEST, 9.55 FEET TO AN IRON PIN MARKER; THENCE RUN NORTH 00 DEGREES 19 MINUTES 48 SECONDS EAST, ALONG AN OLD FENCE LINE, 1324.80 FEET TO AN IRON PIPE MARKER; THENCE RUN NORTH 89 DEGREES 55 MINUTES 59 SECONDS WEST, ALONG AN OLD FENCE, 2018.27 FEET TO A CONCRETE MONUMENT; THENCE RUN NORTH 89 DEGREES 55 MINUTES 43 SECONDS WEST, 474.65 FEET TO A CONCRETE MONUMENT; THENCE RUN SOUTH 00 DEGREES 14 MINUTES 21 SECONDS WEST, ALONG AN OLD FENCE, 434.90 FEET TO A CONCRETE MONUMENT; THENCE RUN NORTH 89 DEGREES 48 MINUTES 32 SECONDS WEST, ALONG AN OLD FENCE, 196.53 FEET TO A CONCRETE MONUMENT; THENCE RUN SOUTH 03 DEGREES 23 MINUTES 05 SECONDS EAST, ALONG AN OLD FENCE, 341.35 FEET TO A CRIMP TOP IRON PIPE MARKER; THENCE RUN SOUTH 78 DEGREES 43 MINUTES 55 SECONDS EAST, ALONG AN OLD FENCE, 18.40 FEET; THENCE RUN SOUTH 89 DEGREES 53 MINUTES 14 SECONDS EAST, 86.14 FEET; THENCE RUN SOUTH 00 DEGREES 16 MINUTES 48 SECONDS WEST, 16.98 FEET TO AN OLD FENCE LINE; THENCE RUN SOUTH 78 DEGREES 43 MINUTES 55 SECONDS EAST, ALONG AN OLD FENCE, 20.93 FEET TO AN IRON PIN MARKER AT A FENCE CORNER; THENCE RUN SOUTH 01 DEGREES 40 MINUTES 19 SECONDS EAST, ALONG AN OLD FENCE, 511.70 FEET TO AN IRON PIN MARKER AT A FENCE CORNER; THENCE RUN SOUTH 76 DEGREES 56 MINUTES Ordinance No. 1434 Page — 2 — 52 SECONDS WEST, ALONG AN OLD FENCE, 168.25 FEET TO AN IRON PIN MARKER; THENCE RUN NORTH 66 DEGREES 07 MINUTES 38 SECONDS WEST, ALONG AN OLD FENCE, 60.96 FEET TO AN IRON PIN MARKER; THENCE RUN SOUTH 89 DEGREES 52 MINUTES 34 SECONDS WEST, ALONG AN OLD FENCE, 85.24 FEET TO AN IRON PIN MARKER; THENCE RUN SOUTH 81 DEGREES 49 MINUTES 25 SECONDS WEST, ALONG AN OLD FENCE, 260.02 FEET TO AN OLD IRON PIPE MARKER; THENCE RUN NORTH 85 DEGREES 57 MINUTES 57 SECONDS WEST, ALONG AN OLD FENCE, 192.01 FEET TO AN IRON PIN MARKER ON THE EAST RIGHT-OF-WAY OF TWIN BEECH ROAD (FORMERLY KNOWN AS BATTLES ROAD) A 60' RIGHT-OF-WAY; THENCE RUN SOUTH 00 DEGREES 10 MINUTES 19 SECONDS EAST, ALONG SAID EAST RIGHT- OF-WAY, 1228.97 FEET TO AN IRON PIN MARKER; THENCE RUN SOUTHEASTWARDLY, ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 50 FEET, AN ARC DISTANCE OF 78.26 FEET (THE CHORD BEARS SOUTH 45 DEGREES 01 MINUTES 26 SECONDS EAST, AND MEASURES 70.51 FEET) TO AN IRON PIN MARKER; THENCE RUN SOUTH 89 DEGREES 49 MINUTES 41 SECONDS EAST, ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID BATTLES ROAD, 1201.32 FEET TO AN IRON PIN MARKER; THENCE RUN SOUTH 98 DEGREES 52 MINUTES 31 SECONDS EAST, ALONG SAID RIGHT-OF-WAY, 296.18 FEET TO AN IRON PIN MARKER; THENCE RUN SOUTH 89 DEGREES 50 MINUTES 38 SECONDS EAST, ALONG SAID RIGHT-OF-WAY, 1739.22 FEET TO THE POINT OF BEGINNING. TRACT CONTAINS 176.02 ACRES, MORE OR LESS AND LIES IN THE SOUTH HALF OF SECTION 30, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. LESS AND EXCEPT THE FOLLOWING REAL PROPERTY: UNIT 2, ACCORDING TO THE DECLARATION OF CONDOMINIUM OF THE COLONY AT THE GRAND MASTER CONDOMINIUM DATED SEPTEMBER 19, 2006 AND RECORDED IN INSTRUMENT NUMBER 1003089 AT PAGES 1 THROUGH 110 IN THE OFFICE OF THE JUDGE OF PROBATE OF BALDWIN COUNTY, ALABAMA, AS AMENDED. PARCEL 2: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA; THENCE RUN NORTH 89 DEGREES 30 MINUTES 00 SECONDS EAST, 908.03 FEET TO A POINT; THENCE RUN SOUTH 00 DEGREES 09 MINUTES 57 SECONDS WEST, 832.26 FEET TO A POINT ON THE SOUTH RIGHT-OF- WAY OF BATTLES ROAD, AKA BALDWIN COUNTY ROAD NUMBER 44, BEING THE POINT OF BEGINNING; THENCE RUN SOUTH 89 DEGREES 45 MINUTES 29 SECONDS EAST ALONG SAID BATTLES ROAD, AKA BALDWIN COUNTY ROAD NUMBER 44, 234.47 FEET TO A POINT; THENCE RUN SOUTH 00 DEGREES 04 MINUTES 48 SECONDS WEST, LEAVING SAID BATTLES ROAD, AKA BALDWIN COUNTY ROAD NUMBER 44, 644.60 FEET TO A POINT; THENCE RUN NORTH 89 DEGREES 21 MINUTES 36 SECONDS WEST, 237.34 FEET TO A POINT; THENCE RUN NORTH 00 DEGREES 19 MINUTES 12 SECONDS EAST, 642.95 FEET TO THE POINT OF BEGINNING. PARCEL 3: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA; THENCE RUN N- 89030'00"-E, 908.03 FEET TO A POINT; THENCE RUN S-00°09'57"-W, 832.26 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF BATTLES ROAD, AKA BALDWIN COUNTY ROAD NUMBER 44; THENCE RUN S-00019' 12"-W, LEAVING SAID SOUTH RIGHT-OF-WAY OF BATTLES ROAD, AKA BALDWIN COUNTY ROAD NUMBER 44, 642.95 FEET TO THE POINT OF BEGINNING; THENCE RUN S-89�21136"-E, 111.37 FEET TO A POINT; THENCE RUN SOUTH 466.66 FEET TO A POINT; THENCE RUN N-87017' 15"-W, 113.91 FEET TO A POINT, THENCE RUN N-00° 19' 12"-E, 462.52 FEET TO THE POINT OF BEGINNING. CONTAINING 1.20 ACRES, MORE OR LESS. PARCEL 4: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA; THENCE RUN NORTH 89 DEGREES 30 MINUTES 00 SECONDS EAST, 908.03 FEET TO A POINT; THENCE RUN SOUTH 00 DEGREES 09 MINUTES 57 SECONDS WEST, 832.26 FEET TO A POINT ON THE SOUTH RIGHT-OF- WAY OF BATTLES ROAD, (AKA BALDWIN COUNTY ROAD NUMBER 44); THENCE RUN SOUTH 00 DEGREES 19 MINUTES 12 SECONDS WEST, LEAVING SAID SOUTH RIGHT-OF-WAY OF Ordinance No. 1434 Page — 3 — BATTLES ROAD, (AKA BALDWIN COUNTY ROAD NUMBER 44), 642.95 FEET TO A POINT; THENCE RUN NORTH 89 DEGREES 21 MINUTES 36 SECONDS WEST, 111.37 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89 DEGREES 21 MINUTES 36 SECONDS WEST, 343.56 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF TWIN BEECH ROAD, (AKA BALDWIN COUNTY ROAD NUMBER 44); THENCE RUN SOUTH 00 DEGREES 10 MINUTES 17 SECONDS EAST, ALONG SAID WEST RIGHT-OF-WAY OF TWIN BEECH ROAD, (AKA BALDWIN COUNTY ROAD NUMBER 44), 479.17 FEET TO A POINT; THENCE RUN NORTH 87 DEGREES 17 MINUTES 15 SECONDS WEST, LEAVING SAID WEST RIGHT-OF-WAY OF TWIN BEECH ROAD, (AKA BALDWIN COUNTY ROAD NUMBER 44), 345.36 FEET TO A POINT; THENCE RUN NORTH 466.66 FEET TO THE POINT OF BEGINNING. PARCEL 5: UNIT NOS. 101, 102, 105-107, 201, 205-207, 301-303, 305-307, 401-403, 405-407, 501, 503-507, 601-607, 702-705, 801-807, ACCORDING TO THE DECLARATION OF CONDOMINIUM OF BAYVIEW II CONDOMINIUM DATED AS OF MAY 15, 2008 (THE "DECLARATION'), AS RECORDED AS INSTRUMENT NUMBER 1116935, PAGES 1 THROUGH 142 IN THE OFFICE OF THE JUDGE OF PROBATE OF BALDWIN COUNTY, ALABAMA (THE "PROBATE OFFICE"), AS AMENDED, TOGETHER WITH (A) THE ALLOCATED INTEREST ATTRIBUTABLE TO EACH OF THE AFORESAID UNITS, AS SET FORTH IN THE DECLARATION, WITH RESPECT TO THE COMMON ELEMENTS OF THE CONDOMINIUM AND (B) ALL RESERVED PARKING SPACES ALLOCATED TO THE AFORESAID UNITS, AS DEPICTED IN THE PLANS ATTACHED TO AND MADE A PART OF THE DECLARATION AND AS DESIGNATED IN EXHIBIT D-1 OF THE DECLARATION. THE AFORESAID UNITS ARE SITUATED ON UNIT 2, ACCORDING TO THE DECLARATION OF CONDOMINIUM OF THE COLONY AT THE GRAND MASTER CONDOMINIUM DATED SEPTEMBER, 19, 2006 AND RECORDED rN INSTRUMENT NUMBER 1003089 AT PAGES l THROUGH 110 IN THE OFFICE OF THE JUDGE OF PROBATE OF BALDWIN COUNTY, ALABAMA, AS AMENDED. PARCEL 6: BEGINNING AT THE SOUTHEAST CORNER OF BALDWIN COUNTY TAX PARCEL 05-46-09-30-0- 000-078.000, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF TAX PARCEL 0546-09-30- 0-000-078.001, LOCATED 21.90 FEET NORTH AND 669.93 WEST OF THE SOUTHEAST CORNER OF SECTION 30, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA; THENCE RUN EASTERLY ALONG THE NORTH RIGHT-OF-WAY LINE OF OLD BATTLES ROAD TO THE POINT OF INTERSECTION OF SAID NORTH RIGHT-OF-WAY LINE AND THE WEST RIGHT-OF- WAY LINE OF SECTION STREET, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF SAID TAX PARCEL 078.001; THENCE RUN NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE OF SECTION STREET, 3.00 FEET TO A POINT; THENCE RUN WESTERLY, LEAVING SAID WEST RIGHT-OF-WAY LINE OF SECTION STREET, RUNNING PARALLEL TO THE NORTH RIGHT-OF- WAY LINE OF OLD BATTLES ROAD, TO A POINT ON THE WEST LINE OF SAID PARCEL 078.001, SAID LINE ALSO BEING THE EAST LINE OF SAID PARCEL 078.000; THENCE RUN SOUTHERLY ALONG SAID WEST LINE OF PARCEL 078.001, 3.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. A map of the property to be zoned is attached as Exhibit A The Property is hereby initially zoned Tourism Resort (TR) District Concurrent with Annexation into the City of Fairhope, subject, however, in all respects to the terms and conditions of the Application. It shall hereafter be lawful to construct on the Property any structures permitted by Ordinance No. 1253, as amended, and the Application and to use the Property for any use permitted by Ordinance No. 1253, as amended, and the Application. Any improvements sought to be erected on the Property shall be in compliance with the building laws of the City of Fairhope; any such improvements shall be approved by the Building Official of the City of Fairhope; and any such improvements shall be erected only in compliance with such laws, including the requirements of Ordinance No. 1253, as amended, and the Application. Ordinance No. 1434 Page —4— 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 23rd day of August, 2010 Ordinance was 'gned a i 2 7 l y ATTEST: STATE OF ALABAMA COUNTY OF BALDWIN Revised 06/2006 CITY OF FAIRHOPE P.O. DRAWER 429 FAIRHOPE, AL 36533 251/928-2136 PETITION FOR ANNEXATION )( x 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, Alabarna. The subject land is delineated on the map attached hereto as EXHIBIT B. This petition is filed tinder authority of Section H-42-21, Code of Alabama, 1975, as amended. 0 This petition is for R-1 Zoning The condition of the Petition is that zoning be established as D/sh-jc,,F Concurrent with Annexation. (Zoning Request) Is this property colony property Yes X No. If this property is colony property the Fairhope Single Tax Office must sign as a petitioner. see A+oLched Signature of Petitioner Signature of Petitioner Signature of Petitioner Physical Address of property being annexed: Petitioner's Current Physical Address: 3O��o Grandview Pe.rkwo-V st/oo �D,rn•�, nJ/�.cr.. , A L 35�14. 3 Telephone Number(s): County Tax Parcel Number: Home POi,�+ CIR,,- Pa.r+Hers , Lt_L Print petitioner's name yy,9-t,j ZL Developer Pril, petitioner's name Print petitioner's name Petitioner's Current Mailing Address: 5,Q ne e_ Se e a.#a .20s—VY3--4S—o U Work BackroonuUsers: iray:Library:MaiI:POP- r .oii, ,,, ., i�., u�rsn .,,�•i�n�nv ..,i,. -17%11 r--- r„r itiA ..,. ,.,,,,, ten„ i,•u,.r;r ., c,.• �,,,,,,, .�„� 1 1� 1 1 1 Revised 06/2006 U.S JUSTICE DEPARTMENT INFORMATION Size of property (acres or square feet) / 8 I - / Ar ± If property is occupied, give number of housing units 17 eow co K, j , K—a Number of Persons residing in each unit, and their race A,,& 2/ a.T,,z.,Cc .,.. K.,a,,,,r if property is unoccupied, give proposed use If property is being developed as a subdivision, give subdivision name 1 HE lD�e.414 A—, -rtVC CtiwMO Number of lots within proposed subdivision 1, U 15 C. Tor -for r c i a Notary Public in and for said State and County, hereby certify that Sohn whose names) Ware 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. Given under my Hand and Seal this day of i 1 , 20 / o N(Seal) �- ` . --------------- -- Notary Public My commission expires / r' U4'::�'k 3/ a O!Y I, a Notary Public in and for said State and County, hereby certify that whose name(s) is/are signed to the forgoing Petition and who Ware 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. (Seal) Given under my Hand and Seal this day of , 20 , Notary Public My commission expires I, a Notary Public in and for said State and County, hereby certify that whose name(s) is/are signed to the forgoing Petition and who is/are known to rrre, 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. Given under my Hand and Seal this day of , 20 , (Seal) Notary Public My commission expires Backroom:Users: mray: Library: Mail: POP- POINT CLEAR PARTNERS, LLC, a Delaware limited liability company By: DANIEL MANAGEMENT CORPORATION, an Alabama corporation, Its Manager , „ /j 0 By: Printed Its: Sen me: John D. Gunderson Vice President BAYVIEW II DEVELOPER, LLC, an Alabama limited liability company By: DANIEL MANAGEMENT CORPORATION, an Alabama rl Its Manager By: Printed N e: John D. Gunderson Its: Seni r Vice President STATE OF ALABAMA JEFFERSON COUNTY I, the undersigned, a notary public in and for said county in said state, hereby certify that John D. Gunderson, whose name as Senior Vice President of Daniel Management Corporation, an Alabama corporation, as Manager of Point Clear Partners, LLC, a Delaware limited liability company, is signed to the foregoing instrument, and who is known to me, acknowledged before me on this day that, being informed of the contents of said instrument, he, as such officer and with full authority, executed the same voluntarily for and as the act of said corporation, acting in its capacity as Manager of said limited liability company. Given under my hand and official seal this a� A day of _ l , 2010. e 11=11r4� Notary Public [NOTARIAL SEAL] My commission expires: 3, 2�6 / '-%� STATE OF ALABAMA JEFFERSON COUNTY I, the undersigned, a notary public in and for said county in said state, hereby certify that John D. Gunderson, whose name as Senior Vice President of Daniel Management Corporation, an Alabama corporation, as Manager of Bayview II, Developer, LLC, a Delaware limited liability company, is signed to the foregoing instrument, and who is known to me, acknowledged before me on this day that, being informed of the contents of said instrument, he, as such officer and with full authority, executed the same voluntarily for and as the act of said corporation, acting in its capacity as Manager of said limited liability company. Given under my hand and official seal this a;26 day of r-�r� , 2010. /lf2 C. y Cnll!;-� Notary Public NOTARIAL SEAL] My commission expires: WA4,d_ �� .r