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property held in trust. Approximately 50 acres, located west of
Highway 280 and north of I-459, was acquired by Bell in March
1978 at a price of $17,750 per acre. The deed from the trust
granted Bell an easement over a portion of the remaining trust
property separating the subject property from Cahaba River Road
for the purpose of connecting necessary utilities.
Subsequent to its purchase of the property, Bell filed an
application requesting to have the subject property rezoned to
accommodate commercial office usage. Bell's rezoning request was
approved by the county zoning commission. Approval of the
rezoning request, however, was contingent upon Bell's agreement
not to build an access road to its property from Cahaba River
Road for a period of 25 years. The minutes of the zoning
commission's hearing suggest that a principal factor underlying
this restriction was the zoning commission's desire not to
subject the residential area west of Cahaba River Road to
commercial development and an accompanying increase in traffic
along Cahaba River Road. Bell agreed to the restriction, but
expressly reserved the right to apply to the commission for
relief from the prohibition in the event that the character of
the surrounding area experienced sufficient change to warrant
reconsideration.
In 1981, approximately 7 acres of trust property located
east of Highway 280 and south of I-459 was sold to T.S. O'Rourke
(O’Rourke) and Marion Bradford (Bradford). The property subject
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Last modified: May 25, 2011