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HomeMy WebLinkAboutO-866�sco: � n LABAMA ;,r: COUNTY i CERT'.Z T WAS RU 0 Ostia, DEC 14 12 08 FM '90 c=_, �SFog1 F1108ATE ORDINANCE NO. 144 WHEREAS, JAMES P. NIX, President of FAIRHOPE MEMORY GARDENS, INC., the owner of the hereinafter described property, did, in writing, petition the City of Fairhope, a municipal corporatioi for annexation and zoning 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 conti- guous to the corporate limits of the City of Fairhope, Alabama; and not within the corporate limits or the police jurisdiction of any other municipality; be and the same is hereby annexed to the City of Fairhope, Alabama, to -wit: Property owned by FAIRHOPE MEMORY GARDENS, INC., lies south of the City on the east side of US Highway 98 (Greeno Road) and is more properly described as: The North Half (1/2) of the Southwest Quarter (1/4) of the Southwest Quarter (1/4) of Section 21, T6S, R2E, Baldwin County, Alabama, excepting therefrom a lot, containing 2.677 acres, in the Southwest corner thereof, having a dimension of 343 ft on the East and West Boundaries, and running back East 340 ft from the West Boundary of said Section; lot containing 17.139 acres, more or less. BE IT FURTHER ORDAINED that this property will be zoned R-A, Residential/Agricultural, as established by the Baldwin County Zoning Commission and as provided for in Section 8.18 of the Fairhope Zoning Ordinance; and further That the use existing upon the described lands was established prior to the enactment of any zoning authority affecting such lands, that such use has continued uninterrupted to the present time, and that the same is recognized by the City of Fairhope as a lawful non -conforming use at annexation and may continue as such under the provisions of the Fairhope Zoning Ordinance with- out reference to any special exception provision therein; >ncurrent with annexation; and BE IT FURTHER ORDAINED that a certified copy of this Ordinance, with a copy of the Petition 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 DAY OF , 1990. P� Ja es P. Nix, Mayor V�� 9aXUA44_-fi? City Perk CITV OF FAIRHOPE p. 0. DWR 429 FAIRHOPE, AL 36533 CONDITIONAL PETITION FOR ANNEXATION STATE OF ALABAMA ;ALDWIN COUNTY I, JAMES P. NIX, PRESIDENT, Fairhope Memory Gardens, Inc., ..he owner of the hereinafter described lands in fee simple, such )roperty being without the Corporate Limits of the City of Fairhope Llabama, but being contiguous to the said Corporate Limits, and ;uch property not lying within the Corporate Limits or Police .urisdiction of any other municipality, do by these presents iereby petition the City of Fairhope, a municipal corporation, .hat said property be annexed into the City of Fairhope, Alabama, end that the said petition be conditioned upon the following: 1. That the lands to be annexed be classified as Zoning District R-A, Residential/Agricultural, as previously established by the Baldwin County Planning and Zoning Commission and as provided by Section 8.18 of the Fairhope Zoning Ordinance. 2. That -the use existing upon the described lands was established prior to the enactment of any zoning authority affecting such lands, that such use has continued uninterrupted to the present time, and that the same is recognized by the City of Fairhope as a lawful non -conforming use at annexation and may continue as such under provisions of the Fairhope Zoning Ordinance without reference to any special exception provision therein. This petition is filed under authority of Section 11-42-21, ode of Alabama, 1975, as amended. The subject lands delineated on the map attached hereto as xhibit A lie south of the corporate limits of Fairhope, Alabama n the east side of U.S. Highway 98 (Greeno Road) and are more articularly described as follows: The North Half(1/2) of the Southwest Quarter(SW1/4) of the Southwest Quarter (SW1/4) of Section 21, T6S, R2E, Baldwin County, Alabama. excepting therefrom a lot, containing 2.677 acres in the Southwest corner thereof, having a dimension of 343 feet on the East and West Boundaries, and running back East 340 feet from the West Boundary of said Section; lot containing 17.139. acres, more or less. :N WITNESS WHEREOF, The petitioner has caused these presents to �e executed on this the r — day of ,1990. ,ttest: Fairhope Memory Gardens, Inc. mes P. Nix' s President g, i&vll -L CITY OF FAIRHOPE P. 0. DWR 429 FAIRHOPE, AL 36533 STATE OF ALABAMA COUNTY OF BALDWIN I the undersigned, a notary public, in and for said State and County, hereby certify that James P. Nix, whose name as President of Fairhope Memory Gardens, Inc., is signed to the foregoing instrument and who is known to me, acknowledged before me on this date that, being informed of the contents of said instrument, he, as and with full authority, executed the same voluntarily as and for the act of said corporation on the day the same bears date. UNDER MY HAND LCIVA .,,,GIVEN VLA^1 ,1990. AND SEAL on this the 7 day of This instrument prepared by: Marion E. Wynne, Jr. Wilkins, Bankester, Biles & Wynne PO Box 1367 Fairhope, Alabama 36533 (205) 928-1915 Notary PtVblic CITY 0� PAI'RH�p'� � R oO 429 AL 36533 :6 FIIBTf A ANNEXATION TO FAIRHOPE, ALABAMA SEPTEMBER 1990 FAIRHOPE CORPORATE LIMITS N.E.CORNER OF WEST 1329' EAST NW/SW SEC. 21 T6S R2E IIEBALDWIN CO ALA 00 CD co .420' cn D cli /-120.74 .............. _:�,j ............................ ....................... ........... ............. 1-37 . 6 9 ......................... 'j-7 ..................... ...... C.E. -T.- ENTERPRISES .......... ................. I ....... S.W. CORNER OF NW/SW SEC �" ..... ......................... .............. 1327:66 ................... T6S R2E o T v v v v v v V < '7 17 '7 '7 17 '7 7 '7 17 17 0 7 17 17 7 17 17 7 17 17 17 17 FA[RHOPE 17 17 v 7- v 0 ��S INC 77 �7 '7 V '7 OUT 7 7 7 7 7 7 7 7� -F -I CITY OF FAjsvjOpE DWR 429 5%3 WAVAOPSI AL 36 CITY OF FAjsvjOpE DWR 429 5%3 WAVAOPSI AL 36