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ORDINANCE NO: 1191
AN ORDINANCE AMENDING ORDINANCE NO. 557
KNOWN AS THE ZONING ORDINANCE TO ZONE
PROPERTY CONCURRENT WITH ANNEXATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as
follows:
The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August 1975, together
with the Zoning Map of the City of Fairhope, be and the same hereby is changed and altered
in respect to that certain property described below: `i
The appropriate public notice and hearing of, the Planning and Zoning Commission of the City 1
of Fairhope, Alabama, has forwarded a favorable recommendation.
The property of Klumpp Family Limited Partnership and Fairhope Single Tax Corporation V
located West of Blueberry Lane on Gayfer Avenue Ext., Fairhope, Alabama.
1. Legal Description: (Case Number ZC 03.13)
Property to be re -zoned, this property is currently annexed into the City of Fairhope.
Commence at an iron pin marker at the "locally accepted" Northeast corner of the Northwest
quarter of Section 14, Township 6 South, Range 2 East, St. Stephens Meridian, and run
thence West 1326.65 feet and South 227.73 feet to an iron pin marker at the Southeast
corner of lot number 4 in Gayfer Court Division as shown by map or plat thereof recorded at
Slide file 1602-B, Probate Records, Baldwin County, Alabama, for a POINT OF BEGINNING:
Thence, South 00 degrees 30' 05" West, 1104.46 feet; thence, North 89 degrees 57' 20" East,
360.38 feet; thence, South 00 degrees 29' 13" West, 300.00 feet; thence, South 89 degrees
57' 10" West, 960.04 feet; thence, North 00 degrees 29' 13" East, 1410.19 feet; thence, South
89 degree 30' 06" East, 599.91 feet to the POINT OF BEGINNING. Containing 21.86 acres,
more or less, and lying in Section 14, Township 6 South, Range 2 East, St. Stephens
Meridian.
Property to be zoned R-2 and to be annexed into the City of Fairhope.
Commence at a 1" open iron pipe at the Northwest corner of the East '/z of the Southeast'/< of
the Northwest % for a POINT OF BEGINNING: Thence, South 00 degrees 16' 05" East,
260.43 feet; thence, South 00 degrees 19' 55" West, 854.91 feet; thence, North 28 degrees
35' 26" West, 175.95 feet; thence, North 42 degrees 41' 43" West, 583.30 feet; thence, North
63 degrees 21' 02" West, 271.46 feet; thence, North 02 degrees 11' 32" East, 110.26 feet;
thence North 89 degrees 57' 10" East, 416.57 feet; thence, North 00 degrees 29'13" East,
300.00 feet; thence, South 89 degrees 58' 21" East, 302.76 feet to a point to the POINT OF
BEGINNING. Containing 8.57 acres, more or less, and lying in Section 14, Township 6
South, Range 2 East, St. Stephens Meridian.
The property is hereby zoned R-6 Mobile Home Park District to R-2 Medium Density
Single -Family Residential District, concurrent with annexation into the City of Fairhope.
This property shall hereafter be lawful to construct on such property any structures permitted
by Ordinance No. 557 and to use said premises for any use permitted or building sought to be
erected on said property shall be in compliance with the building laws of the City of Fairhope
and that any structure shall be approved by the Building Official of The City of Fairhope and
that any such structure be erected only in compliance with such laws, including the
requirements of Ordinance No. 557.
lance No. 1191
i Boone - Klumpp Trailer
Gayfer Rd Ext.
-2-
verability Clause - That it is hereby declared to be the intention of the City Council that the
ction, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if
y phrase, clause, sentence, paragraph, or section of this ordinance shall be declared invalid
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
'alidity or unconstitutionality shall not affect any of the remaining phrases, clauses,
ntences, paragraphs, or sections of this ordinance, since the same would have enacted by
City Council without the incorporation in this ordinance of any such invalid or
constitutional phrase, clause, sentence, paragraph, or section.
Date - This ordinance shall take effect immediately upon its due adoption and
i as required by law.
APPROVED THIS 10th DAY OF NOVEMBER , 2003
iece W. Johnson, Ci lerk/Treasurer
RebueN fo:
CITY OF FAIRHOpE
P. O. DRAWER 429
FAMROPE, AL 36533
t
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 a
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, 41
do, by these presents, petition the City of Fairhope, a municipal corporation, that said 4--
property to 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 11-41-21, Code of Alabama, 1975,
as amended.
The condition of this Petition is that zoning be established
as R-2
concurrent with annexation.
In Witness Whereof, the Petitioner/s have caused these presents to be executed this
day of
August
Klump Family Limited Partnership.
PRINT PETITIONERS NAME
(,.*;1#Ae ,e5 GJejoF &;y CG�t1�S
PRINT PETITIONERS NAME /Q-•2Q-ta'�
COPY OF TAX RECEIPT MUST BE ATTACHED. TAX PARCEL NUMBER: 46-06-14-0-000-001.569
MAILING ADDRESS: 20154 Thompson Hall Rd Fairhope, Alabama 36532 PHONE: 251-928-8255-
RESIDENTIAL ADDRESS: o7SS' S3�S
SIZE OF PROPERTY: 8.57 Acres
OCCUPIED, GIVE HOUSING UNITS N/A # PERSONS EACH UNIT N/A RACE: N/A
UNOCCUPIED, GIVE PROPOSED USE; SHOW NUMBER OF LOTS, HOUSES, COST, ETC.:
Approximately 4 residential lots, 5 acres Greenspace and 2.24 acres detention, all of which will be part
of a 63 lot subdivision to be known as FALLS CREEK.
(COPY OF LEGAL DESCRIPTION OF PROPERTY MUST BE SUBMITTED WITH PETITION, DESCRIPTION
ON TAX RECEIPT, USUALLY NOT SUFFICIENT).
STATE OF ALABAMA)
BALDWIN COUNTY)
I, a Notary Public in and for said State and County, hereby certify that the above
Petitioner/s whose name/s 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
he/she/they have voluntarily executed this Petition on the day the same bears date.
Gi en under my hand and seal this day of koQrUST, zOb3
1LKVaJ--%-) A � ClJA.kJ
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NOT RJ PUBLIC
MY COMMISSION EXPIRES
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CITY OF FAQ`" MOPE
P. O. DRAWER 429
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P. O. DRAWER 429
FAIRHOPE, AL 36533
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STATE OF ALABAMA )
COUNTY OF BALDWIN )
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CITY Al ', 9PI
P. O. DRAWER 429 �.
FAIRIiOPE,IAL 36533
pad MO. 11011
I, Margaret Y. Best , a Notary Public, in and for said County in said
State, hereby certify that Charles W. Ham whose
name(s) is (are) signed to the foregoing instrument and who is (are) known to me,
acknowledged before me on this day that, being informed of the contents of the
instrument, he (she) (they) executed the same voluntarily on the day the same bears date.
Given under my hand and seal this -;�'D day of ,Qccz�
NOTARY PUBLIC STATE OF ALABAMA AT LARCS
MY COMMISSION EXPIRES: Mar S, 100 ',
BONDED TkRU NOTARY PUBLIC UNDERWRITER$
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