HomeMy WebLinkAboutO-994FIZI_ 7 '50
ATE OF AL.ABAMA
.ALOWIN COUNTY
I CEL;T;FY THIS INSTRUMENT WAS
FILED AND -A."-S COLL -CTFD ON
MAR 19 9 54 AM '96
101 K-
REOOADLSIN
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JUUCiE C1F 78
ORDINANCE NO. ��
WHEREAS, Charles K. Breland, 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:
Charles K. Breland, Jr.,. property located east of Southside
Business Park which is on the east side of Greeno Road, more
properly described as: A Planned Unit Development,
Parcel A, to be zoned R3PGH Patio/Garden Homes: From the
SW corner of the NW quarter of the SW quarter of Sec 21,
T6S, R2E, Baldwin County Alabama; run North, a distance of
477.67 ft to a point; thence run N-89054'-E a distance of
300 ft to a point; thence run N-00*33'54"-W a distance of
390.0 ft to the POB; thence continue N-00°33145"-W a distance
of 457.74 ft, to a point on the South line ofGreeno Park
Subdivision as recorded in Map Book 12, p 20, Baldwin County
Probate Office; thence run N-89038115"-E along said South
line a distance of 1035.16 ft to an iron pin; thence run
S-00016128"-E a distance of 553.24 ft to a point; thence
run N-85°07111"-W a distance of 1036.56 ft, more or less,
to POB. Said parcel contains 12.0 acres, more or less.
Parcel B, to be zoned R3 Townhouses: From the SW corner
of the NW quarter of the SW quarter of Sec 21, T6S, R2E,Baldwin
County, Alabama, run North a distance of 477.67 ft to a point;
thence run N-89054'-E a distance of 300 ft to the POB; thence
run N-00033145"-W a distance of 390.0 ft to a point; thence
run S-85'07111"-E a distance of 1036.56 ft to a point; thence
run S-00°16'28"-E a distance of 300.0 ft to a concrete monument;
thence run S-89054'-W a distance of 1030.9 ft to the POB.Said
parcel contains 8.1 acres, more or less.
BE IT FURTHER ORDAINED that this property will be zoned R3PGH
and R3 Townhouses 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.
ADOPTED THIS �� DAY OF ' 1996.
Ja es P. Nix, May 6,,,.,,Q td'
Attest CITY OF FAIRHOPE
P.O. DWR 429
City Clerk FAIRHOPE, AL 36533
Jan- 15-P6 11 : 17A Moore Suv-vey""Eng i neer i ng 334 990 6070
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CITY OF FAIRHOPE
P.O. DWR 429
FAIRHOPE, AL 36533
C � !
CONDITIONAL PETITION FOR ANNEXATION
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, 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, do, by these presents petition the City of
Fairhope, a municipal corporation, that said property be
conditional annexed subject to the zoning as per Exhibit "B" 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 a 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 recorded in the Miscellaneous Records of
Baldwin County, Alabama, that it will run with an 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 Petition by us and
d
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 WITNESS WHEREOF, e Petitione s have used these presents to
be executed this 70 day of 19c)
Signed `STgned
C%fdll.s-zot` ��,e lend,27 e .
Print Petitioners Name Print Petitioners Name
COPY OF TAX RECEIPT MUST BE ATTACHED FOR TAX PARCEL NO.OS-21 fl•OQO-O!(o,�0
Mailing Address & Phone t? O. 60,/ �{-3a�SPa��st+ F P- Ad- / 60,6, C,49s
Residential Address Size of Property 00. / tic�Es
Occupied, give housing J J A 11persons each unit ki a Race ,0 d
Unoccupied, give proposed use; show number of lots, houses, cost,
etc : Pe,aa,4E0 [1N 1 r D605LOPI l k �-7-/A 3 -rH Z R 3 Pia vA
STATE OF ALABAMA, COUNTY OF BALDWIN:
I, a Notary public in and for said State and County, hereby certify
that the above Petition/s whose name/s is/are signed to the
foregoing petition and who is/are known to me, this day appeared
before me and, being first duly sworn, acknowledged that
her/she/they have voluntarily executed this Petition on the day the
same bears date. Given under my hand and seal this /0-h day of
,kduem&R , 19 i'S.
szffy of AIRHOPE
'IAIR 429 IVotary Public
AL 36533 My Commission Expires
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