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LABAMA
;,r: COUNTY
i CERT'.Z T WAS
RU 0 Ostia,
DEC 14 12 08 FM '90
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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
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WAVAOPSI AL 36
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DWR 429 5%3
WAVAOPSI AL 36