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ORDINANCE NO. 1316
AN ORDINANCE DIRECTING THE VACATION OF A CUL
DE SAC AT SOUTH CREEK CIRCLE, LOCATED WITHIN W
ROCK CREEK SUBDIVISION, AT LOT 178C FAIRHOPE,
ALABAMA TO CLEARPOINT PROPERTIES, LLC.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA AS FOLLOWS:
WHEREAS, a petition signed by the owners of all of the lands abutting the
following described cul de sac, situated in the City of Fairhope, county of
Baldwin, state of Alabama, requesting the vacation of said cul de sac, has been
duly presented to the City Council of the City of Fairhope, Alabama, for the
assent and approval of said governing body, said petition with map attached being
hereto affixed, marked Exhibit A and made a part hereof, and
WHEREAS, pursuant to Section 23-4-20 of the Code of Alabama 1975 notice of
said request for vacation was published and a hearing was held on the 09`" day of
October, 2006, and
WHEREAS, the cul de sac above referred to is more particularly described as
follows;
Commence at the Southwest corner of Lot 178 C, Rock Creek A Planned
Unit Development, Phase One, as shown by map or plat thereof recorded
at slides 0139513, 01396A and 01396B, Probate records, Baldwin County
Alabama; thence run Northeastwardly, along a curve to the Right, having
a radius of 175.50 feet, an arc distance of 17.13 feet (chord bears North 14
degrees 21 minutes 56 seconds East, 17.13 feet) for the Point of
Beginning; thence run Northwestwardly, along a curve to the Left, having
a radius of 78.90 feet, an arc distance of 69.78 feet (chord bears North 09
Degrees 38 minutes 03 seconds West 67.53 feet); thence run
Northeastwardly, along a curve to the Right, having a radius of 25.00 feet,
an arc distance of 34.72 feet (chord bears North 04 degrees 50 minutes 07
seconds East, 32.00 feet) thence run Northeastwardly, along a curve to the
Right, having a radius of 325.00 feet, an arc distance of 69.64 feet (chord
bears North 50 degrees 45 minutes 48 seconds East, 69.51 feet); thence
run Southwestwardly, along a curve to the Left, having a radius of 25.00
feet, an arc distance of 45.82 feet (chord bears South 04 degrees 23
minutes 54 seconds West, 39.67 feet); thence run Southwestwardly, along
a curve to the Right, having a radius of 50.00 feet, an arc distance of
110.50 feet (chord bears South 15 degrees 12 minutes 15 seconds West,
89.34 Feet); thence run Southwestwardly, long a curve to the Left, having
a radius of 25.00 feet, an arc distance of 26.28 feet (chord bears South 48
degrees 24 minutes 13 seconds West, 25.08 feet) to the Point of
Beginning. Parcel contains 0.10 acre more or less.
MAIL TO:
City of Fairhope
PO Drawer 429
Fairhope, AL 3653:
Ordinance No. 1316
Vacation of Cul De Sac, at
Lot 178C within Rock Creek. SD
WHEREAS, it appears to the City Council of the City of Fairhope, Alabama, that
the vacation of said cul de sac is in order and that convenient and reasonable
means of ingress and egress is afforded to all property owners owning properties
in the tract of land embraced in said Plat of Lot 178C, Rock Creek, A Planned
Unit Development, Phase One.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Fairhope, Alabama, that the vacation of the hereinabove described street is
assented to and approved and same is hereby vacated pursuant to the provisions of
Section 23-4-20 of the Alabama Code of 1975.
Adopted and approved this 23rd day of October , 2006.
Attest:
Geniece Johnson, City,
MAIL TO:
City of Fafrhope
PO Drawer 429
ram-
Fairhope, ^.L
DECLARATION OF VACATION
STATE OF ALABAMA
COUNTY OF BALDWIN
WHEREAS, we the undersigned; Sonny Nichols of Nichols Properties, Inc. and Chris
Haley of Clearpoint Properties, LLC, being abutting property owners of a cul de sac at
South Creek Circle, located within Rock Creek Subdivision, Fairhope, Alabama, as
hereinafter described, which said street is not now in use nor will it ever be used as such,
do hereby desire the same be vacated and do by these presents file the Declaration of
Vacation with the Mayor and City Council of the City of Fairhope, Fairhope, Alabama
DESCRIPTION:
Commence at the Southwest comer of Lot 178 C, Rock Creek A Planned Unit
Development, Phase One, as shown by map or plat thereof recorded at slides 01395B,
01396A and 01396B, Probate records, Baldwin County Alabama; thence run
Northeastwardly, along a curve to the Right, having a radius of 175.50 feet, an arc
distance of 17.13 feet (chord bears North 14 degrees 21 minutes 56 seconds East, 17.13
feet) for the Point of Beginning; thence run Northwestwardly, along a curve to the Left,
having a radius of 78.90 feet, an arc distance of 69.78 feet (chord bears North 09 Degrees
38 minutes 03 seconds West 67.53 feet); thence run Northeastwardly, along a curve to the
Right, having a radius of 25.00 feet, an arc distance of 34.72 feet (chord bears North 04
degrees 50 minutes 07 seconds East, 32.00 feet) thence run Northeastwardly, along a
curve to the Right, having a radius of 325.00 feet, an arc distance of 69.64 feet (chord
bears North 50 degrees 45 minutes 48 seconds East, 69.51 feet); thence run
Southwestwardly, along a curve to the Left, having a radius of 25.00 feet, an arc distance
of 45.82 feet (chord bears South 04 degrees 23 minutes 54 seconds West, 39.67 feet);
thence run Southwestwardly, along a curve to the Right, having a radius of 50.00 feet, an
arc distance of 110.50 feet (chord bears South 15 degrees 12 minutes 15 seconds West,
89.34 Feet); thence run Southwestwardly, long a curve to the Left, having a radius of
25.00 feet, an arc distance of 26.28 feet (chord bears South 48 degrees 24 minutes 13
seconds West, 25.08 feet) to the Point of Beginning. Parcel contains 0.10 acre more or
less.
That this Declaration of Vacation shall be duly recorded and shall operate to destroy the
force and effect of the dedication of the said street or that portion so vacated, and to
divest all public rights, including any right which may have been acquired by prescription
in the part of the 0.10 acre more or less street so vacated.
S<hection 23- 20 o the Alabama Code of 1975, join in the execution of this written
reque or acation of said street and same being within the limits of the City of
Fairhope, a municipality, do hereby pray and request the assent of the municipal council
of the City of Fairhope, Alabama, to said vacation of said street and its approval of same.
IN WITNESS WHEREOF_, yvg have hereunto set our han s and seal on this Declaration
of Vacation on this the V�L Day of 2006.
Sonny Nichols, N' 'es, Inc.
Chris Haley, Clearpi9t Properties, LLC.
10-04-06P12.:00 Rcvuj
MAIL TO:
City of Fairhope
PO Drawer 429
Fairhope, ".L 3653�
STATE OF ALABAMA
COUNTY OF BALDWIN
I, the undersigned, a Notary Public in and for said County in said State, hereby
certify that So= Nichols, Nichols Properties, Inc., whose name is signed to the
foregoing instrument and who is known to me, acknowledged before me on this
day that, being informed of the contents of said instrument, they executed the
same voluntarily on the date the same bears date
Given under my hand and seal on this the day of
2006.
�: j (Affix al)
Notary Public 0 Q
• ,` Notary Public AL State at large
�.+• My Common Expires MY GQMM• Expires Mar. 20 10
0101091W.1117lu .
COUNTY OF BALDWIN
I, the undersigned, a Notary Public in and for said County in said State, hereby
certify that Chris Haley, Clearpoint Properties, LLC.. whose name is signed to the
foregoing instrument and who is known to me, acknowledged before me on this
day that, being informed of the contents of said instrument, they executed the
same voluntarily on the date the same bears date
Given under my hand and seal on this the day of
w` ........
J 2006.
otary Public
ROBIN W. CHARLTON
My Commission Expires Notary Public, AL Slate at t
uvrn-
20, 2d10
This instrument prepared by
Geniece W. Johnson
161 North Section Street
Fairhope, Alabama 36532
Phone: 251/928-2136
MAIL TO:
City of Fairhope
P O Drawer 429
Fairhr,ne, AL 3653.
CITY OF FAIRHOPE
APPLICATION for DECLARATION of VACATION
SITE
oG�G .10 ACRES +/-
LOT 178 C
LOT 179 C
Mr. Chris Haley with Clearpoint Properties, LLC
Location: Enterance of Rock Creek Parkway.
MAIL TO
0 50 100 200 Feet
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