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ORDINANCE NO.: 9/ S!
AN ORDINANCE ANNEXING THE HEREINAFTER -DESCRIBED PROPERTY, WHICH
PROPERTY IS CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF
FAIRHOPE, ALABAMA, SAID ANNEXATION BEING BY PETITION OF ALL
OWNERS THEREOF:
WHEREAS, the owners of the hereinafter -described property,
did, in writing, petition the City of Fairhope, a municipal
corporation, for annexation under Section 11-42-21 of the Code of
Alabama (1975) as amended; and
WHEREAS, a map of said property is attached to said Petition
as an exhibit;
NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the
City of Fairhope, Alabama, that the following -described property
lying contiguous to the corporate limits of the City of Fairhope,
Alabama, be and the same is hereby annexed to the City of
Fairhope, to -wit:
The property to be annexed is described as follows:
Lot 1, The Fields Subdivision, as per map or plat
thereof recorded in Slide 1138-A, Probate Records of
Baldwin County, Alabama. Area consists of approximately 9 acres.
BE IT FURTHER ORDAINED by the City of Fairhope, Alabama,
that this property will be zoned R-2 concurrent with annexation;
and
BE IT FURTHER ORDAINED by the City of Fairhope, Alabama,
that a certified copy of this Ordinance, with a copy of the
Petition for Annexation and the exhibit, be recorded in the
Office of the Probate Judge, Baldwin County, Alabama.
THIS ORDINANCE shall take effect immediately upon its due
adoption and publication as required by law.
ADOPTED this /�Z day of 1988.
EVELYW P. PHILLIPS
City tlerk
CITY OF FAIRHOPE, ALABAMA
A Munigipal Corporation
By:
�S P. NIX
Mayor
&AA41
CITY OF FAIRHOPE
P. 0. DWR 429
FWAHOPE, AL 36533
CONDITIONAL PETITION FOR ANNEXATION
STATE OF ALABAMA
COUNTY OF BALDWIN
GAVIN W. HUNTER and ELIZABETH M. HUNTER, husband and wife,
lessee -owners, and Fairhope Single Tax Corporation, lessor -owner,
the "Owners", of the hereinafter described land in fee simple,
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 policc&_ 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.
This Petition is filed under authority of Section 11-42-21
of the Code of Alabama (1975) as amended.
The property to be annexed is described as follows:
Lot 1, The Fields Subdivision, as per map or plat
thereof recorded in Slide 1138-A, Probate Records of
Baldwin County, Alabama.
and a survey and map thereof is attached hereto as exhibits
showing its relationship to the corporate limits.
Owner -Petitioners request that the property be zoned R-2,
and this annexation petition is conditional upon granting of R-2
zoning (medium density single family).
IN WITNESS WHEREOF, the n r-Petiti r . �ve,*aused these
presents to be executed this i'�day of 1988.
Y 5
FAIRHOPE SINGLE TAX .gORPORATION
by • / 4 ,
CHARLES B. INGE ROLL
�_. Its: President
GAPE W. ROWE
Its: Secretary
,VIN W. HUNTER
M.
CITY OF FAIRHOPE
P �, ''JR 429
FAlFi� AL 36533
STATE OF ALABAMA
COUNTY OF BALDWIN
I, the undersigned, a Notary Public in and for said County'.
in said State, hereby certify that CHARLES B. INGERSOLL and GALE
W. ROWE, whose names as President and Secretary, respectively, of
Fairhope Single Tax Corporation, are signed to the foregoing
instrument and who are known to me, acknowledged before me on
this day that, being informed of the contents of said instrument,
they, as such officers and with full authority, executed the same
voluntarily as and for said corporation on the day the same bears
date.
iv n under my hand and seal on this the ' rk day of1988.
( SIEAL )
I
STATE OF ALABAMA
COUNTY OF BALDWIN
j �at
N ARY PU IC
My Commission Expires:
NOTARY PUBLIC, STATE OF ALABAMA AT LARGE.
MY COMMISSION EXPIRES MAR. 6. 1991.
DONOND TNRU NOTARY PUBLIO UNDERWRITERS.
I, the undersigned, a Notary Public in and for said County
in said State, hereby certify that GAVIN W. HUNTER and ELIZABETH
M. HUNTER, whose names are signed to the foregoing instrument and
who are known to me, acknowledged before me on this day that,
being informed of the contents of said instrument, they executed
the same voluntarily. ,A
day of
�TjV�
r my hand and seal on this the
In r
6 , 1988.
f
(SEAL)
NY PUB IC
yCommission Expires:
i 7 • • NOTARY PUBLIC. STATE OF ALABAMA AT LARGE.
J+
MY COMMISSION EXPIRES MAR. 6, 1 91-
`C ,• 0, BONDED TNRU NOTARY PUB41C UNDERWRITE RITE RITERB.
THIS INSTRUMENT PREPARED BY:
MOLLIE P. JOHNSTON
LACEY & JOHNSTON
Attorneys at Law
P. O. Drawer 1437
Fairhope, AL 36533
Tel. No. (205) 928-2373
CITY OF FAIRHOPE
P. O, DWR 429
FAMI OPe, AL 36533
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CITY OF FAIRHOPE
P. (). ':),t,'UH 429
FAIRHOPE, AL 36533
If
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FAIRHOPE, ALABAMA,
ASSENTING TO THE VACATION OF A PORTION OF A
RIGHT-OF-WAY
ORDINANCF. NO. 814
That JULIO CORTE, JR., and ATILIO I. CORTE, JR., are the
owners of all of the property abutting on that portion of the
following described property:
PARCEL "A": From the Northwest corner of the E 1/2 of
the SW 1/4 of the NW 1/4 of Section 16, T6S, R2E,
Baldwin County, Alabama; run South, a distance of 30
feet to the Point of Beginning; thence continue South,
a distance of 633 feet, more or less; thence run East,
a distance of 30 feet; thence run North, a distance of
633 feet, more or less; thence run West, a distance of
30 feet to the Point of Beginning.
PARCEL "B": From the Northwest corner of the E 1/2 of
the SW 1/4 of the NW 1/4 of Section 16, T6S, R2E,
Baldwin County, Alabama; run South, a distance of 633
feet, more or less, to the Point of Beginning; thence
continue South, a distance of 630 feet, more or less to
the North right-of-way line of Fairhope Avenue; thence
run East along said North right-of-way line, a distance
of 30 feet; thence run North, a distance of 630 feet,
more or less; thence run West, a distance of 30 feet to
the Point of Beginning.
Parcels to be vacated are one and the same as per that M
certain thirty foot North -South right-of-way
reservation along the West boundary of the East -Half of
the SW 1/4 of the NW 1/4, Section 16, T6S, R2E, as Q�
described in Deed Book 18 at Page 279, Probate Records
M.
of Baldwin County, Alabama. rn
And the said owners have filed a Petition with the City
Council of the City of Fairhope, Alabama, requesting that said
City Council give an assent to the vacation of the public right- 6A
of -way described above, if it in fact exists.
ORDAIN,ED
NOW; THEREFORE, BE IT BY THE CITY COUNCIL OF THE
CITY OF FAIRHOPE, as follows:
That it is in the public interest that the hereinafter
described property be vacated as a public right-of-way.
That the City Council of the City of Fairhope, Alabama,
does assent to the vacation of the public right-of-way
described as follows:
PARCEL "A": From the Northwest corner of the E 1/2 of
the SW 174 of the 14W 1/4 Df Section 16, T6S, R2E,
Baldwin County, Alabama; run South, a distance of 30
feet to the Point of Beginning; thence continue South,
a distance of 633 feet, more or less; thence run East,
a distance of 30 feet; thence run North, a distance of
633 feet, more or less; thence run West, a distance of
30 feet to the Point of Beginning.
PARCEL "B": From the Northwest corner of the E 1/2 of
the SW 174 of the NW 1/4 of Section 16, T6S, R2E,
Baldwin County, Alabama; run South, a distance of 633
Q�t:
CITY OF FAIRHOPE
P. 0. DWR 429
FAIPII10156, AID 30693
feet, more or less, to the Point of Beginning; thence
continue South, a distance of 630 feet, more or less to
the North right-of-way line of Fairhope Avenue; thence
run East along said North right-of-way line, a distance
of 30 feet; thence run North, a distance of 630 feet,
more or less; thence run West, a distance of 30 feet to
the Point of Beginning.
Parcels to be vacated are one and the same as per that
certain thirty foot North -South right-of-way
reservation along the West boundary of the East -Half of
the SW 1/4 of the NW 1/4, Section 16, T6S, R2E, as
described in Deed Book 18 at Page 279, Probate Records
of Baldwin County, Alabama.
which said right-of-way is situated in the City of
Fairhope, Alabama; that a certified copy of this
ORDINANCE— be furnished to said Petitioners in order
that same can be attached to the Declaration of
Vacation to be filed in this matter as provided for by
Section 23-4-20, Code of Alabama, 1975.
ADOPTED by the City Council of the City of Fairhope,
Alabama, on this the 24th day of OCTOBER , 1988.
jCleaes ix, ayorCk
STATE OF A ABAMA
COUNTY OF BALDWIN .
I, the undersigned, Clerk of the City of Fairhope, Alabama,
hereby certify that the foregoing is a correct copy of ;.
OR:D.NO.- -81.4 adopted by the City Council of the City of Fairhope,
Alabama, at a regular session on the 24th day of October
1988.
8� Ord. P Mlshed In
No -- GOUNIER
EA TERM S��o R 9 $___--- --
o _/rz -3 -= Gi;y Clerk
6n44, 0 Lft_td�
Clerk ofj the City of Fairh I
e,
Alabam
6W -�.
CITY OF FAIRHOPE
P. O. DWR 429
FAIRHOPE, AL 36533
M.
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CORNER of .50k4-"
4 W k4 I SEC. I4-,
). R ZE
ORDINANCE NO. 814
5 W C01tN F-M Cr- N vV %Q.
of SEC, ((., T�S►P z e
10/24/88
DEED Soo K 18
Po.C�E z�9 -
---- -- — --=
_- C OtZT� JR.
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CITY OF FAIRHOPE
P. 0. DWR 429
FAIRHOPE, AL 38533
�� �29
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DECLARATION OF VACATION
STATE OF ALABAMA
COUNTY OF BALDWIN
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, JULIO CORTE, JR., and ATILIO I. CORTE,
JR., being the owners of all of the lands abutting the
hereinafter described property, hereby vacate, discontinue,
abandon and annul a public right-of-way described as follows, to -
wit:
PARCEL "A": From the Northwest corner of the E 1/2 of
the SW 1/4 of the NW 1/4 of Section 16, T6S, R2E,
Baldwin County, Alabama; run South, a distance of 30
feet to the Point of Beginning; thence continue South,
a distance of 633 feet, more or less; thence run East,
a distance of 30 feet; thence run North, a distance of
633 feet, more or less; thence run West, a distance of
30 feet to the Point of Beginning.
PARCEL "B": From the Northwest corner of the E 1/2 of
the SW 1/4 of the NW 1/4 of Section 16, T6S, R2E,
Baldwin County, Alabama; run South, a distance of 633
feet, more or less, to the Point of Beginning; thence
continue South, a distance of 630 feet, more or less to
the North right-of-way line of Fairhope Avenue; thence
run East along said North right-of-way line, a distance
of 30 feet; thence run North, a distance of 630 feet,
more or less; thence run West, a distance of 30 feet to
the Point of Beginning.
Parcels to be vacated are one and the same as per that
certain thirty foot North -South right-of-way
reservation along the West boundary of the East -Half of
the SW 1/4 of the NW 1/4, Section 16, T6S, R2E, as
described in Deed Book 18 at Page 279, Probate Records
of Baldwin County, Alabama.
The undersigned hereby represent and declare that they are
the owners of all of the lands abutting on the above -described
property and do hereby consent, agree and declare that said above
described property be vacated as a street or right-of-way and
that it be vacated, discontinued, abandoned and annulled, so as
to destroy the force and effect of any dedication of said
property as a street or right-of-way to the public and to divest
any and all rights of the public, including any rights which may
have been acquired by prescription or otherwise in said property
as a street or right-of-way. Attached hereto, marked Exhibit "A"
and made a part hereof as if set forth herein in detail, is a
certified copy of a Resolution passed by the City Council of the
City of Fairhope, Alabama, assenting to the vacation of said
street.
$VA1f of AlAm&%&
NALDWIN Cou"
1 artily the tbb tm"W"o vp 1MW 11,
NOV 1 1988 F M
aW� ►m W" QWj" & ibft,&W 1,
Boo
Julio o� t
1bwa
.
CITY OF FAIRHOPE
P, O, CWA 420 ` "
FAIAHOP61 AL 36623
4
6�
' en under my hand and seal this the day of
1988.
(SEAL)
(SEAL)
ATILIO I. CORTE, JR.f �/
STATE OF ALABAMA
COUNTY OF BALDWIN
I, the undersigned Notary Public in and for said State and
County, hereby certify that JULIO CORTE, JR., whose name 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 the instrument, he executed the same voluntarily on
the day the same bears date.
Given under my hand and seal this -yWq day of ,
NOTARY PU I
My Commission Expires•S10NF.pJRESAPRll19,1992'
STATE OF ALABAMAy "'••, , • , s i
COUNTY OF BALDWIN
I the undersigned Notary Public in and for said State and
n
County, hereby certify that ATILIO I. CORTE, JR. , whose name is rn
signed to the foregoing instrument, and who is known to me,
acknowledged before me on this day that, being informed of the w
contents of the instrument, he executed the same voluntarily on [�
the day the same bears date.
Given under my hand and seal this day of
1988.
'04 A
N ARY PUB C MY 0V.%j S504tXPIRES APRIL'19,1992
My Commission Expires: `
� T
CITY OF FAIRHOPE
P. 0, DWR 420
FAIAHOPE, A4 26033
PETITION TO THE CITY OF FAIRHOPE,
STATE OF ALABAMA, FOR ASSENT TO
VACATION OF A RIGHT OF WAY
STATE OF ALABAMA
COUNTY OF BALDWIN
Comes now JULIO CORTE, JR., and ATILIO I. CORTE, JR., and
respectfully represent and show unto the City of Fairhope, State
of Alabama, as follows:
1. That a question has arisen as to whether or not the
hereinafter described property is a public right of way.
2. That the undersigned are the owners of all of the land
abutting on that portion of the following described property:
PARCEL "A": From the Northwest corner of the E 1/2 of
the SW 1/4 of the NW 1/4 of Section 16, T6S, R2E,
Baldwin County, Alabama; run South, a distance of 30
feet to the Point of Beginning; thence continue South,
a distance of 633 feet, more or less; thence run East,
a distance of 30 feet; thence run North, a distance of
633 feet, more or less; thence run West, a distance of
30 feet to the Point of Beginning.
PARCEL "B": From the Northwest corner of the E 1/2 of
the SW 1/4 of the NW 1/4 of Section 16, T6S, R2E,
Baldwin County, Alabama; run South, a distance of 633
feet, more or less, to the Point of Beginning; thence
continue South, a distance of 630 feet, more or less to
the North right-of-way line of Fairhope Avenue; thence
run East along said North right-of-way line, a distance
of 30 feet; thence run North, a distance of 630 feet, z
more or less; thence run West, a distance of 30 feet toy
Fa
the Point of Beginnina.
Parcels to be vacated are one and the same as per that
certain thirty foot North -South right-of-way
reservation along the West boundary of the East -Half of "'
the SW 1/4 of the NW 1/4, Section 16, T6S, R2E, as
described in Deed Book 18 at Page 279, Probate Records
of Baldwin County, Alabama. is
3. That said property is of no use to the public and is
situated within the city limits of the City of Fairhope, State of
Alabama. It is in the interest of the public that if said
property is a right of way that it be closed and vacated. Such
vacation shall not deprive other property owners of such rights
as they may have to convenient and reasonable means of ingress
and egress to and from their property. Petitioners pray the City
Council of the City of Fairhope, Alabama, as follows:
That a resolution be adopted by the City Council of the
City of Fairhope, Alabama, assenting to the vacation of
the above described property as a street or a public
right of way, that a certified copy of said resolution
be furnished to said Petitioners to be attached to,
filed and recorded with the written Declaration of
Vacation as provided by Section 23-4-20, Code of
Alabama, 1975.
CITY OF FAIRHOPE
P. 0. DWR 429
FAIRHOPE, AL 30633
Signed this day of
(SEAL)
(SEAL)
STATE OF ALABAMA
COUNTY OF BALDWIN
I, the undersigned Notary Public in and for said State and
County, hereby certify that JULIO CORTE, JR., whose name 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 the instrument, he executed the same voluntarily on
the day the same bears date.
Given under my hand and seal this &day of
1
cry.. •°�' i i .
NOTARY PUPLIP MY OMMISSIONiXPjjS APfii 14,1992
My Commission Expires: - a -
STATE OF ALABAMA
COUNTY OF BALDWIN vy� `�'•'
I, the undersigned Notary Public in and for said State andj
County, hereby certify that ATILIO I. CORTE, JR., whose name is
signed to the foregoing instrument, and who is known to me, rn
acknowledged before me on this day that, being informed of the W
contents of the instrument, he executed the same voluntarily on
the day the same bears date. W
Given under my hand and seal this 4,1-iA day of ,
1988.
:2 fA ., 11
NOTARY PU I MY OMMkSlXPI€S APRIL 19,1992
My Commission Expires:
O, /
VV) " �
CITY OF FAIRHOPE
P° d. DVV R 429
FAIFIHOPE, AL 36623