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FILE: 4.?�.• "�L?_ :Yt?Cr
AUG 25 10 57 AM '95
JUW11 OF
ORDINANCE NO.'q9y
WHEREAS, CHARLES EARLE, JR. the owner
of the hereinafter described property, did, in writing, petition
the City of Fairhope, a municipal corporation, 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 located along Thompson Hall Road, near Nichols Avenue intersection,
and is described as two parcels for zoning purposes:
PARCEL 1. To be zoned B4 Business -Professional District: From the NE
corner of the NE 1/4 of the NW 1/4, Sec 21, T6S, R2E, Baldwin County
Alabama, run S-0°00'40"-E 836.8 ft; thence S-89°50'38"-W 850.7 ft,
more or less, for a POB: Thence continue S-89°50'38"-W 481 ft to the
east boundary of Greeno Park Subdivision; thence run N-0°01'03"-W
220 ft; thence East 481 ft; thence South 220 ft, more or less, to
the POB, containing 2.5 acres, more or less.
PARCEL 2. To be zoned R4 Medium Density Multi -Family District: From
the NE corner of the NE 1/4 of the NW 1/4, Sec 21, T6S, R2E, Baldwin
County, Alabama; thence run S-0°00'40"-E 331 ft for a POB: thence
continue along said course 996.80 ft to a point; thence S-89°50'38"-W
1331.69 ft to an iron pin; thence N-0°01'03"-W 710.97 ft to an iron
pin; thence S-89°59'59"-E 207.66 ft to an iron pin; thence N-0010'50"-E
285.35 ft to an iron pin; thence N-89°46'25"-E 273.12 ft to an iron
pin; thence N-0000'07"-W 330.93 ft to a point on the north line of
Section 21; thence N-89°47'14"-E along said section line 60 ft to a
point; thence S-0°00'07"-E 331 ft to an iron pin; thence N-89°47'17"-E
790 ft to the POB; less and excepting therefrom the area of Parcel 1
as described above. Parcel 2 contains 27 acres, more or less.
BE IT FURTHER ORDAINED that this property will be zoned as
indicated above concurrent 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.
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CONDITIONAL PETITION FOR`ANNErXATION
We, the undersigned Petitioner/s, owner/s of the lands in fee simple described
in the attached Exhibit A, such property being without the corporate limits
of the City of Fairhope, Alabamna, but being contiguous to the said corporate
limits, and such property not lying within the corporate limits or police jurisdiction
of any other municipality, do, by these presents petition the City of Fairhope,
a municipal corporation, that said property be annexed into the City of Fairhope,
Alabama.
The subject land is delineated on the map attached hereto as Exhibit B.
This Petition is filed under authority of Section 11-42-21, Code of Alabama,
1975, as amended.
The Conditions of the Petition are conditions precedent to adoption of an Annexing
Ordinance and are as follows:
1. We, the Petitioners, acknowledge that the City has, on advice of Counsel
in ongoing litigation, declared a moratorium on further annexing ordinances
until the said litigation is settled or finally adjudicated and that this
petition may therefore be held in abeyance accordingly.
2. We, the Petitioners, submit this Petition as an irrevocable act on our
part.
3. We, the Petitioners, understand and agree that this Petition will be re-
corded in the Miscellaneous Records of Baldwin County, Alabama, that it
will run with and as a covenant to the land described herein, and that
the City Council of the City of Fairhope, Alabama, at its sole discretion,
may act upon this Petition and adopt an Ordinance annexing the described
lands into the City at any time after the execution of this Fztition by
us and that this Petition shall be binding upon our heirs, successors,
and assigns, forever.
4. In consideration for being allowed to connect to the City's sewerage
system on payment of in -city fees, we, the Petitioners, agree to pay
to the City of Fairhope, Alabama, from and after date of this petition,
a sum of money equal to Fifteen (15) Mils annually assessed by the City
on the same basis as property within the City is assessed by the Baldwin
County Tax Assessor.
IN WIT�� WHEREOF, the Petitioners have
this day of 19-;✓ .
Signed
caused these presents to be executed
Signed
Print Petitioners name
Print Petitioners Name
COPY OF TAX RECEIPT MUST
BE ATTACHED FOR TAX PARCEL NO.
Mailing Address & Phone
a4212�; 1-9-1. ,�lg'c,,
Residential Address sib
' Size of Property "'� y �•
Occupied, give housing units
At-,tld #persons each unit ,,,,,,mot Race t. 4
Unoccupied, give proposed
use; show number of lots, houses, cost, etc:
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STATE OF ALABAMA, COUNTY
OF BALDWIN: +
= rn _J
I, a Notary Public in and
for said State and County, hereby certify that the
aQ
above Petitioner/s whose
name/s is/are signed to the foregoing petition and
•day
u.0
who is/are known to me, this
appeared before me and, being first duly sworn,
p O
acknowledged that he/she/they
have voluntarily executed this Petition o, the
O
day the same bears date.
�A.
Given under my hand & seal this., day of
u a L<L
19
seal',
-`'Notary Public--
COUNTY TAX PARCEL NO.
My commission expires______