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HomeMy WebLinkAboutO-819ORDINANCE NO. 919 GMWN cow" and 4N�! , to , vow %w In )elc •JAU,-�O" v4v"& 690k.1 AN ORDINANCE ANNEXING THE HEREINAFTER -DESCRIBED PROPERTY WHICH PROPERTY IS CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF FAIRHOPE, ALABA.MA, SAID ANNEXATION BEING BY PETITION OF ALL OWNERS THEREOF: WHEREAS, E. MASON MCGOWIN, JR., FLORENCE MCGOWIN UHLHORN, NICHOLAS S. MCGOWIN, and ELIZABETH B. MCGOWIN, RENTAL UNIFORM SERVICE OF MOBILE, INC., VAN P. FINGER and MARY C. FINGER, and ROHR INDUSTRIES, INC., 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, maps of said properties are attached to said Petitions as Exhibit B on Petition of E. Mason McGowin, Jr. et al and Exhibit A on Petition of Rohr Industries, Inc. w NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fairhope, Alabama that the following -described P property lying contiguous to the corporate limits of the GO G` City of Fairhope, Alabama, be and the same is hereby annexed to the City of Fairhope, to -wit: Parcel 1 (McGowin, et al tract): From the Northwest corner of Section 4, Township 7 South, Range 2 East, run thence N 860 56' 18" East 666.41 feet more or less; run thence South 000 00' 42" West 40 feet to an iron pipe on the South right-of-way of Baldwin County Highway No. 32 (Marlow Road) for the POINT OF BEGINNING; thence run South 000 00' 42" West 625 feet more or less to a point; thence run South 890 58' 45" West 626.32 feet more or less to a point on the aj"-� CI ►Y OF FAIRPIOPE p O. D14R 429 FAIPHOPE, A6 05533 East right-of-way of U.S. Highway 98 (Greeno Road); thence run South 000 00' 15" West 664.55 feet more or less along the East right-of-way line of said U.S. Highway 98 (Greeno Road) to a point; thence run South 890 58' 49" East 626.44 feet more or less to a point; thence run South 000 00' 42" West 1330.0 feet more or less to a point on the North line of the Southwest Quarter of said Section 4; thence run Westerly along said half section line 626 feet, more or less to a point on the East right-of-way of U.S. Highway 98 (Greeno Road); thence run Southerly along the East right-of-way line of said U.S. Highway 98 (Greeno Road) to a point which is 4141.92 feet more or less South and 40 feet east of the Northwest corner of Section 4, Township 7 South, Range 2 East; thence run South 890 42' 45" East 2120 feet, more or less, to a point on the West line of the property commonly referred to as the Fairhope Municipal Airport (as described in Act No. 88-747 of the Alabama Legislature, which included said Fairhope Municipal Airport within the corporate limits of the municipality of Fairhope); thence run North 090 23' East along the West line of the Fairhope Municipal Airport and parallel to the runway centerline of said airport 925 feet, more or less, to a point; thence run North 800 37' West along the west line of the Fairhope Municipal Airport 300 feet more or less to a point; thence run North 210 50' West along the western line of the Fairhope Municipal Airport 803.1 feet more or less to a point; thence run North 090 23' East along the western line of the Fairhope Municipal Airport 1338.2 feet more or less to a point; thence run South 800 37' East along the western margin of the Fairhope Municipal Airport 466.25 feet more or less to a point; thence run North ..� 090 23' East along the west line of Fairhope UO Municipal Airport 300.0 feet more or less to a point; thence run North 480 02' East along the West line of the Fairhope Municipal Airport property 320.2 feet more or less to a point; thence run North 090 23' East along the west line of Fairhope Municipal Airport property 692.2 feet more or less to a point on the South right-of-way of Baldwin County Highway 32; thence run Westerly along the south right-of-way of Baldwin County Highway 32 2180 feet, more or less, to the point of beginning. CITY OF FAIRHOPS P. 0. DVVR 429 FAIRHO PE, AL- 36533 Parcel 2A (Rohr Industries Tract): From the Southwest corner of Section 4, T7S, R2E, run S 890 42' 45" E, 40 feet to an iron pin lying on the East right of way line of U. S. Highway #98 for the POINT OF BEGINNING; thence continue S 890 42' 45" E, 1926.88 feet to a point; thence run N 090 20' 45" E, 1189.82 feet to an iron pin, - thence run N 890 42' 45" W, 2120.10 feet to an iron pin lying on the East right of way line of U.S. Highway #98; thence run South, 1175.0 feet along said East right of way line to the POINT OF BEGINNING. Parcel 2B (Rohr Industries Tract): From the Southwest corner of Section 4, T7S, R2E, run S 890 42' 45" E, 40 feet to an iron pin lying on the East right of way line of U. S. Highway #98; thence continue S 890 42' 45" E, 1291.4 feet to an iron pin being the POINT OF BEGINNING; thence run S 000 04' E, 1327.55 feet to an iron pin; thence run S 890 50' E, 415.77 feet to an iron pin; thence run N 090 20' 45" E, 1343.40 feet to a point; thence run N 890 42' 45" W, 635.48 feet to the POINT OF BEGINNING. It is the intent hereof to describe three contiguous parcels, the Eastern line of which forms a common boundary with the west line of property previously annexed to the City of Fairhope pursuant to Act 88-747 of the 1988 Alabama Legislature. CI A BE IT FURTHER ORDAINED that each such property or � parcel be zoned "M-1-Light Industrial District". BE IT FURTHER ORDAINED by the City of Fairhope, Alabama, that a certified copy of this Ordinance and map annexed hereto, with a copy of the Petitions for Annexation and maps annexed thereto be recorded in the Office of the Judge of Probate of Baldwin County, Alabama. THIS ORDINANCE shall take effect immediately upon its adoption and publication as required by law. &&W-t CITY OF FAIRI-OPS FAINHOPE, AL- 26533 4QQA ADOPTED THIS O' day of �fi'� 1988. 2z� - CITY OF FAIRHOPE, ALABAMA a Municipal Corporation By: AT EST: EVELYN P. PHILLIPS, qity Cle STATE OF ALABAMA COUNTY OF BALDWIN P---. P. NIX, Mayor I, the undersigned, a Notary Public in and for said County in said State, hereby certify that JAMES P. NIX and EVELYN P. PHILLIPS, whose names as Mayor and Secretary, respectively, of the City of Fairhope, Alabama, a municipal 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 for and as the act of said corporation on the day the same bears date. Given under my hand and seal on this the 2.y> day of wo\/ , 1988. (AFFIX SEAL) a-t�Publ My CNmmission Expir4s "'Prepared by: James Smith Reid, Stein, Smith & Bass, P.A. PO Box 416 Fairhope, Al 36533 outjc�/7 M Z zt o r_ 0 :11m �' q puGo10e EA Otd.JA0. N G\e;K EP5 G:N PITY f!r-AI'RHOPU P, 1,:', iJVM 420 MRHOPG, AL 3033 PG45/02 � — I FINGER ' 6 acres A RENTAL UNIF. SERV. a 4 acres A II NIMHE ROHR INDUSTRIE 70 acres T, It"2*C 3j ,} • tie _ I sBo•3Y;� I ' 30 •R E �� �� 1 S ' —rl•NvaO � CUNICIPA—L LIM ITS CIT CIT FAIRHOPENPROPERTY TO BE ANNEXED McGowin et al . Rohiq Industries SZJt 4 I /SE �t� ' � its► . 1 1,OA1 gqy�•j,�;.1, FA nt 1105E POP 7.25e M�I i • ,,� wn.11.,* 1 t N c y f rl „ W B.tt Nh.d� _ 74 ... 1+ /. j" ,y 1, 11 11 'j •}_ Ctenure, w _ N POW Ct.d' w P.Lt ^•1. • c,... ro ro j = Ij � ly VICINITY MAP p NW�JE y N6/14 U CITY QF FA''!, -I PC P. A. TWR 4231? 3 io EXHIBIT B TO PETITION AND ORDINANCE (McGowin et al. annex.) JW/JG . PETITION FOR ANNEXATION STATE OF ALABAMA BALDWIN COUNTY ROHR INDUSTRIES, Inc. (a Delaware corporation), the owner in fee simple of the lands hereinafter described, does hereby certify that the said lands presently lie without the corporate limits of Fairhope, Alabama, are now contiguous to lands annexed by city but do not lie within the corporate limits or police jurisdiction of any other municipality and it does hereby petition the City of Fairhope (a municipal corporation) that said lands 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 and is conditioned upon the designation of zoning as "M-1 - Light Industrial" as previously established by the Baldwin County District Zoning Committee and as compatible with the City's "M-1 - Light Industrial District". The property to be annexed is described as follows and a map thereof is attached hereto as "Exhibit A". PARCEL A: From the Southwest corner of Section 4, T7S, R2E; run S 890 42' 45" E, 40 feet to an iron pin lying on the East right of way line of U. S. Highway #98 for the POINT OF BEGINNING; thence continue S 89° 42' 45" E, 1926.88 feet to a point; thence run N 090 20' 45" E, 1189.82 feet to an iron pin; thence run N 890 42' 45" W, 2120.10 feet to an iron pin lying on the East right of way line of U. S. Highway #98; thence run South, 1175.0 feet along said East right of way line to the Point of Beginning. Said parcel of land contains 54.6 acres, more or less, and lies in Baldwin County, Alabama. Subject to an avigation easement recorded in Real Property Book 5, Pages 906- 911. PARCEL B: From the Southwest corner of Section 4, T7S, R2E; run S 890 42' 45" E, 40 feet to an iron pin lying on the East right of way line of U. S. Highway #98; thence continue S 890 42' 45" E, 1291.4 feet to c:a GO CEO CITY OF FAlRHOPE P. 0. OWR 429 FAIRHOPE, AL 36533 PETITION FOR ANNEXA Rohr Industries, Inc. o The City of Fairhope, Alabama Page 2 of 3 pages an iron pin being the Point of Beginning; thence run S 000 04' E, 1327.55 feet to an iron pin; thence run S 890 50' E, 415.77 feet to an iron pin; thence run N 090 20' 45" E, 1343.40 feet to a point; thence run N 890 42' 45" W, 635.48 feet to the Point of Beginning. Said parcel of land contains 16.01 acres, more or less, and lies in Baldwin County, Alabama. Subject to a drainage easement over the Southeast corner thereof as recorded in Real Property Book 235, Page 22-23. IN WITNESS WHEREOF, the Petitioners have caused these presents to be executed on this the 141�( day of22±---�-�� ROHR INDUSTRIES, Inc. By 4V-1,J J as it's President AT'PE9T :r. • ;t ` �i r ,.; ` .S16`cretary STATE OF �C COUNTY OF I, the undersigned, a Notary Public in and for said State and County, hereby certify that this day appeared before me H. W. Todd and Richard W. Madsen, whose names as President and Secretary of ROHR INDUSTRIES, Inc. (a Delaware corporation) are signed to the foregoing Petition and who are known to me and that they, being duly sworn and being informed of the contents of said Petition acknowledge that they, as such officers and with full authority, have executed voluntarily the said Petition on the day the same bears date. U4,1--,-t LJ 1� C171' r,^ ra!RH0PE P. C. ;.;;; '" 429 FAIRHOPE, SAL 35533 PETITION FOR ANNEXA Rohr Industries, Inc. o The City of Fairhope, Alabama Page 3 of 3 pages Given under my hand and seal this the /T � day of MEMO M•:: AFFIX SEAL: [::FFICIAL SEAL E'LAIN'E K MILLS NOTARY PUBLIC - CALIFORNIA SAN DIEGO COitNTYomm. expires SEP 6, 1989 Notary Public My Commission expires /98CJ -_Tument Prepared By: City of Fairhope P.O. Drawer 429 Fairhope, Alabama 205/928-2136 36533 CITY OF FAIRHOPE i' ^. ibWR 429 F.." ;RHOPE, AL 36533 —o a P W 00 �Pb PETITION FOR ANNEXATION STATE OF ALABAMA COUNTY OF BALDWIN E. MASON MCGOWIN, JR., a married man, FLORENCE MCGOWIN U HLHORN, a married woman, NICHOLAS S. MCGOWIN, a married man, ELIZABETH B. MCGOWIN, a single woman, RENTAL UNIFORM SERVICE OF MOBILE, INC., an Alabama Corporation, and VAN P. FINGER and MARY C. FINGER, husband and wife the "Owners" of the hereinafter -described land in fee simple (subject to certain easements, restrictions and options of public record), 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, hereby petition the City of Fairhope, a municipal corporation, that said property be annexed into the City of Fairhope, Alabama. s- This Petition is filed under authority of Section 11-42-21 of the Code of Alabama (1975) as amended, and is m conditioned upon designation of zoning of such property as OHO "M-1-Light Industrial" as previously established by Baldwin Co County district zoning and as compatible with City of Fairhope "M-1-Light Industrial District" zoning. The property to be annexed is described as shown on Exhibit A hereto and a map thereof is attached hereto as Exhibit B. IN WITNESS WHEREOF, the Petitioners have caused these presents to be executed on this !day of Q0V4.. ��-•_ , 1988. R&A4t Go r;-1 OF FAIRHOPE L7WR 429 - .,z1HOPEI AID 26533 E. MASON MCGOWIN, J . FLORENCE MCGOWIN UHLHORN STATE OF ALABAMA COUNTY OF BALDWIN I, the in said Stat name is sign me, acknowle the contents on the day t iven �} J✓a,%tM l2�-L- , p FI-X SEAL) Y,• 'YEA �� i ~ �QrC.�... STAT9.%,0F TENNESSEE COUNTY OF SHELBY NICHOLAS S. MCGOWIN, individually and as attorney in fact for Elizabeth B. McGowin WTHB. MCGOWIN, by ancY through her attorney in fact, NICHOLAS S. MCGOWIN RENTAL UNIFORM SERVICE OF MOBILE, INC. B y : KENNETH S MERLIN as its i e resident AN P. FINIGER MAR C. INGER undersigned, a Nota e, hereby certify t ed to the foregoing dged before me on t of said instrument, he same bears date. nder my hand and se nk •:: �11 ry Public in and for said County at E. MASON MCGOWIN, JR., whose instrument and who is known to his day that, being informed of he executed the same voluntarily h al on this the day of N tary Public 15-1 M Commission Expires: I, the undersigned, a Notary Public in and for said County in said State, hereby certify that FLORENCE MCGOWIN UH.LHORN, 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 said instrument, she executed the same voluntarily on the day the same bears date. CI d ' C�=AIRHOPE p, C. i,o ;did 429 FAIRHOM AL. "6635 Given under my hand and seal on this the /( day of 1988. •�t� r,'kPN IX SEAL) n ; _ - r. S' �'�' '•G? �A A13 COUNTY„ OF Notary Public My Commission Expires: 9 I, the undersigned, a Notary Public in and for said County in said State, hereby certify that NICHOLAS S. MCGOWIN, 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 said instrument, he executed the same voluntarily on the day the same bears date. Given under my hand and seal on this the 314 day of 1988. m (AFFIX SEAL) _Ar 4' No ary Public ' My Commission E xp i r e s : My Commission Expires 74040 STATE OF ALABAMA COUNTY OF M &A- I, the undersigned, a Notary Public in and for said County in said State, hereby certify that NICHOLAS S. MCGOWIN, whose name as attorney in fact for ELIZABETH B. MCGOWIN is signed to the foregoing instrument and who signed the name of ELIZABETH B. MCGOWIN 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, rM in the capacity as such attorney in fact, executed the same voluntarily on the day the same bears date. C00 0 u o _, Given under my hand and seal on this the 3� day of .� � 1988. (AFFIX SEAL) v`r N tary Public My Commi s s i on E xp i t es My CommISSIOn Expires 7-30-06 STATE OF ALABAMA COUNTY OF BALDWIN I, the undersigned, a Notary Public in and for said County in said State, hereby certify that KENNETH C. SUMMERLIN, whose name as Vice President of RENTAL UNIFORM SERVICE OF MOBILE, INC., an Alabama corporation, 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 on the day the same bears date. R&"'t Cd"Y OF FAIRHOPS la. 0, DWR 420 • - FAIAHOPE, AL 36633 Given under my hand and , 1988. (AFFIX SEAL) STAT-k OF ALABAMA COUNT OF seal on this the 3 1 'y of Notary Public My Commission Expires`*...% - r My Commission Expirds I, t e V d, a tary Pub c in and for said ounty in said St cer fy that NICH AS S. MCGOWIN, hose name is signf egoing instrumen and who is nown to me, acknowleme on this day that being i formed of the contentsstrument, he executed the s e voluntarily on the day tars date. Given und and seal on this the day of 988. (AFFIY-I'SEAL ) // Notary Ydblic My Corwhission Expires: ST E OFALABAMA COUN OF I, a undersigned, a Notary bl'c in and for sai County in aid State, hereby cer fy tha NICHOLAS S. MCGOWIN, who a name as attorne in fact fo ELIZABET B. MCGOWIN is si ed to the for oing instrume and o signed the name of ELI ETH B. M OWIN to the foreg in instrument and who is known me, knowledged before me n this day that, being informe o the contents of said ns ument, he, P in the capacity as s attorney in fact, a ecuted the same voluntarily on th day e same bears dat 00 00 Given unde my hand d seal on thi the d of 00 1988. (AF X SEAL) Not Public My Cehkmission Expires STATENSta A COUNTIN ersigned, a Notary Publ in a d for said County in sahereby certify that KENNE C. SUMMERLIN, whose name esident of RENTAL UNIFORM S ICE OF MOBILE, INC., an Alabama corp ration, is signed to the re ing instrument and who is kn n to acknowledged before a on t 's day, that, being in rmed of a contents of said nstrument, e, as such officer nd with ful authority, exec ted the same v untarily for an as the act of id corporation on the day the s me bears date. &641VI't CITY OF FAIRHOPE P. n. IDWR 429 FAMHOPE, Air 36633 c, iven' and r my A (AFFI SEAL) STATE OP ALABAMA COUNTY OF BALDWIN hand and seal on his the day of 1988. Notary P llc My Com scion E� rda' r, the undersigned, a Notary Public in and for said County in said State, hereby certify that VAN P. FINGER and MARY C. FINGER, 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 on the day the same bears dat ��ive under my hand and seal on this the T day of t)1S 1988. ©' • �'� ,�„a '; (A 1x F I X SEAL) �- Notary Public My Commission Expires: j 9C� µT}iis Instrument Prepared By: REID, STEIN, SMITH & BASS A Professional Corporation JAMES E. SMITH Post- Office Box 416 Fairliope, Alabama 36533 Telephone: 205/928-1355 CITY OF FAIRFMOPE FAaAHOPS, AID 39633 P1/ 06 EXHIBIT "A" TO ANNEXATION PETITION AND ORDINANCE The following property located in Baldwin County, Alabama in Section 4, Township 7 South, Range 2 East, more particularly described as follows: From the Northwest corner of Section 4, Township 7 South, Range 2 East, run thence N 860 56' 18" East 666.41 Feet more or less; run thence South 001 00' 42" West 40 feet to an iron pipe on the South right-of-way of Baldwin County Highway No. 32 (Marlow Road) for the POINT OF BEGINNING; thence run South 000 00' 42" West 625 feet more or less to a point; thence run South 890 58' 45" West 626.32 feet more or less to a point on the East right-of-way of U.S. Highway 98 (Greeno Road); thence run South 00° 00' 15" West 664.55 feet more or less along the East right-of-way line of said U.S. Highway 98 (Greeno Road) to a point; thence run South 890 58' 49" East 626.44 feet more or less to a point; thence run South 000 00' 42" West 1330.0 feet more or less to a point on the North line of the Southwest Quarter of said Section 4; thence run Westerly along said half section line 626 feet, more or less to a point on the East right-of-way of U.S. Highway 98 (Greeno Road); thence run Southerly along the East right-of-way line of said U.S. Highway 98 (Greeno Road) to a point which is 4141.92 feet more or less South and 40 feet east of the Northwest corner of Section 4, Township 7 South, Range 2 East; thence run South 891 42' 45" East 2120 feet, more or less, to a point on the West line of the property commonly referred to as the Fairhope Municipal Airport (as described in Act No. 88-747 of the Alabama Legislature, which included said Fairhope Municipal Airport within the corporate cla limits of the municipality of Fairhope); thence run North 090 23' East along the West line of the p Fairhope Municipal Airport and parallel to the runway centerline of said airport 925 feet, more or less, to a point; thence run North 800 37' West along the west line of the Fairhope Municipal Airport 300 feet more or less to a point; thence Q run North 210 50' West along the western line of the Fairhope Municipal Airport 803.1 feet more or less to a point; thence run North 090 23' East along the western line of the Fairhope Municipal Airport 1338.2 feet more or less to a point; thence run South 800 37' East along the western CITY OF FAlRHC:i','c P. `?. DWR 420 ca:;awnPF, AID 36533 margin of the Fairhope Municipal Airport 466.25 feet more or less to a point; thence run North 09° 23' East along the west line of Fairhope Municipal Airport 300.0 feet more or less to a point; thence run North 481 02' East along the West line of the Fairhope Municipal Airport property 320.2 feet more or less to a point; thence run North 09° 23' East along the west line of Fairhope Municipal Airport property 692.2 feet more or less to a point on the South right-of-way of Baldwin County Highway 32; thence run Westerly along the south right-of-way of Baldwin County Highway 32 2180 feet, more or less, to the point of beginning. It is the intent hereof to describe all property owned by E. Mason McGowin, Jr., Florence McGowin Uhlhorn, Nicholas S. McGowin, Elizabeth B. McGowin, Rental Uniform Service of Mobile, Inc., Van P. Finger, and Mary C. Finger which is located in the Northwest Quarter, Southwest Quarter or that portion of the Northeast Quarter which lies west of the Fairhope Municipal Airport in Section 4, Township 7 South, Range 2 East, Baldwin County, Alabama; and, further to describe the Eastern line of a contiguous tract which forms r-, a common boundary with the west line of property previously annexed to the City of Fairhope pursuant to Act 88-747 of Q a the 1988 Alabama Legislature; and, further to describe the 00 Southern line of a contiguous tract which forms a common boundary with the North line of property owned by Rohr Industries, Inc., and/or Rohr Aero Services, Inc., which separately has petitioned for annexation to the City of Fairhope. Cn05/103 Retm-r CITY OF FA'11e 10PE FAIAHQPF., AL.2,033 �� 3 �? '" �! -� � G�