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ORDINANCE NO. 129332
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06
AN ORDINANCE AMENDING ORDINANCE NO. 1253
KNOWN AS THE ZONING ORDINANCE
CONCURRENT WITH ANNEXATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA
as follows:
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The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, 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:
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After the appropriate public notice and hearing of the Planning and Zoning Commission of the City of
Fairhope, Alabama has forwarded a favorable recommendation,
The property of Song Grove Development, LLC, generally located South of Nichols Avenue and East of
Booth Road, Fairhope, Alabama.
TAX PARCEL 46-05-21-0-000-002.000
Legal Description: (Case number ZC 05.18)
BEGINNING AT THE NORTHWEST CORNER OF LOT 9, LEABROOK SUBDIVISION, THIRD ADDITIGN, AS
RECORDED ON SLIDE NO. 1073-A IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY,
ALABAMA; THENCE RUN S-00°17'37"-E, 571.43 FEET TO A POINT; THENCE RUN S-00°14' 15"-E, 731.22
FEET TO A POINT; THENCE RUN 5-89°50'20"-W, 668.30 FEET TO A POINT; THENCE RUN N-00°10' 13"-W,
666.01 FEET TO A POINT; THENCE RUN S-89°39'54"-W, 636.01 FEET TO A POINT ON THE EAST RIGHT-
OF-WAY OF BOOTHE ROAD; THENCE RUN N-00°12'39"-W ALONG SAID EAST RIGHT-OF-WAY OF
BOOTHE ROAD, 224.98 FEET TO A POINT; THENCE RUN N-89°14'35"-E, 643.28 FEET TO A POINT;
THENCE RUN N-00017'37"-W, 404.14 FEET TO A POINT; THENCE RUN N-89°35'58"-E, 660.00 FEET TO THE
POINT OF BEGINNING, CONTAINING 23.19 ACRES MORE OR LESS AND SITUATED IN SECTION 21,
TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA.
A map of the property to be zoned is attached as Exhibit A
The property is hereby zoned R-2 Medium Density Single Family Residential 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. 1253 and to use said
premises for any use permitted or building sough 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 approve
by the Building Official of the City of Fairhope and that any structure be erected only in
compliance with such laws, including the requirements of Ordinance No. 1253.
Severability Clause - if any part, section of subdivision of this ordinance shall be held
unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or
impair the remainder of this ordinance, which shall continue in full force and effect
notwithstanding such holding.
Effective Date — This ordinance shall take effect immediately upon its due adoption and
publication as required by law.
Adopted and approved this 13"' day of February—, 2006.
�e
QT'othy M Kant, Mayor
Attest:
Geniece Johnson, C� r reasurer CI� �Ty O F .aFA 1pIF,,JOF E
P.O. DIVR 429
FAMCFE, AL 36533
r
CITY OF F-=OPE
CONDMOh AL PETITION FGR
4�XATFON FORiYI
M
STATE OF ALAIIA1viA )r l
COUN-1 I' OF BALDWIN )( c
N
Wc, the undersigned PETti IONER(S), own.-r(s) of the lands in f e simple dscribcd in the attnched TJ,' IT A, such o,
property being without the Corporate Limits oftbe City ofFairhopc, Alabama, but being contiguous tp the snid Corporate a
Limits; and Such property not lying wirhin the corporatt limits or policejurisdietion of any other municipality, do, by these
presents, hereby peliiion the City ofPnirhopc, an municipal corporntion, that said property be annexed into the City or
Fairhape, Alabama.
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The Subject land is delineated on the mnp altaehcd hereto as =1IRIT 13, 0
This petition is filed under authority of Section II-42-21, Code of Alabama, 1975, as amended.
in
THE CONDITION �O,FF THE PETITION IS THAT ZONING RE ESTADLISHED .�
AS
CON Cttx-"Z-WNT TPITI3 ANNEkA TON.
IN 6 WHEREQF, the PETITIONERS) have caused these presents to be cxccutcd this 30 day of
7i in 1 200-5_.
ML
Song Grove Development, LLC
Kenneth W. Cramton, Managing Member
Signature o pctt i cr Print petitioner's name
Signanrrc ofpcdtioncr Print potibun--'s name
Physical Address of property being annr=d:
F_2itionor's Currmrt Physical Address: Pctitioner's Currtnt hlaiiia Addres:
108 Oak Bend Court
Fairhope, AL 36532
Tclephoat Numbcr(s)- 251-928-0930
Home Work
County Tax Parcel Nurdbcr. 46-05-21-0-000-002 000
U.S. JUSTICE DEPARTMENT INFORMATION
❑ Si:-, of proparty (neres or square feet) 27+ nrrpg
C If property is occupied, give number ofhotuing units. N/A
a Numbcr of'Pcrsons resid hg in, cash trait, and their rncc N/A
❑ If property is unoccupied, give proposed usc_ingle Family Residential
❑ If this is a development - Coinplctc Proposed Dcvolopmstt Form.
A COPY OF THE LEGAL DESCiUMON, AND A MAP OF i riP pROPER'i 1- MUST BE SUBMn- ED WITTI PE 014
STA T n OF e.LaEAMA )(
COUNTY OF BALDWIN )(
I, allotaty Public in and far, said State and County, f 2:reby etrtity fitat the
am
bout ETTT s) whose nnc(s) is/arc signed to the lorgoing Petition and who is/ar- brown tome, this day nppca;-d '
before me and, . fast duly sworn, aclniowledbe that hc/she/they have voluntarily executed this Petition on this day same ,
bents date, Y�
Given under my Hand and Sczl this \ day of
NOURY wtsuc gUAWOr Atk1W.
(5en1) MY COMMIMON F.XPMES. Ue! 20.1
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JOMD 110W IDTARYAMW LQ=WRITW
P.O. DV: rt�
- FAIRHOF •=, 36533
y1 CITY OF FAIRHOPE
PETITION FOR ANNEXATION
0
Disregard
this Line.
SITE
23 Acres +!-
aYiI � I,1^LI M-1 Sn
��CC" JJJJ Y •1 4N+
P.0.
FAIRH ,- =, AL 36533
SONG GROVE: Parcel No. 05-46-05-21-0-000-002.000 !/� COF GIS
This SITE is contiguous to the East which is zoned R-2 and contiguous to the West which is zoned R3PGH. N 1012005
D. Powell