HomeMy WebLinkAboutO-1725BA LD WIN COU NTY , AL AB AMA
HARRY D'OLI VE . JR . PROBATE JUDG E
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ORDINANCE NO. 1725
AN ORDINANCE TO APPROVE THE ANNEXATION OF TERRITORY
WITHIN THE CITY LIMITS OF THE CITY OF FAIRHOPE, ALABAMA
(BALDWIN COUNTY COMMISSION)
WHEREAS , Nelson Drive , from Scenic Highway 98 east approximately 525
feet (hereinafter "Nelson Drive "), is a road or road segment inside the corporate limit
of the City of Fairhope; and
WHEREAS , Nelson Drive includes all improvements within the right-of-way
such as, but not limited to , the road , drainag e structures , signs , trails , sidewalks , etc.;
and
WHEREAS , an accurate description of Nelson Drive , together with a map
thereof showing their relationship to the corporate limit s of the City of Fairhope , is
attached hereto as Exhibit "A" and incorporated herein ; and
WHEREAS , the portion of Nel son Drive that is not already the responsibility
of the City of Fairhope ha s been County-maintained for a period of at least one (1)
year prior to the effective date of this instrument ; and
WHEREAS , Nelson Drive is located within the City of Fairhope but
responsibility is ves ted in the County ; and
WHEREAS, the City of Fairhope de sires to annex and assume responsibility
for Nelson Drive, to the extent it is not already maintaining portions thereof, in order
to facilitate the orderly development and maintenance of this area and its corporate
limits ; and
WHEREAS , in order to accompli sh the City ofFairhope 's des ire to annex and
assume responsibility for Nelson Drive in accordance with Code of A labama , § 11-49-
80(b ), (c) and (d), the Baldwin County Commission passed a resolution on August 3,
2021 , authorizing the annexation and transfer ofresponsibility for Nelson Drive to the
City of Fairhope , a copy of which is attached hereto as Exhibit "B"; and
WHEREAS , said resolution did petition the City of Fairhope for annexation
and contained the signature of the owner of the described territory and a map of Nel son
Drive showing their relationship to the corporate limits of the City of Fairhope; and
WHEREAS , the City Council of the City of Fairhope has determined that it is
in the public intere st that Nelson Drive be annexed into the City of Fairhope and that
all legal requirements fo r annexing Nelson Drive have been met pursuant to Code of
A labama ,§§ 11-42-20 to 24 .
I
Ordinance No . 1725
Page -2-
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
FAIRHOPE, ALABAMA, AS FOLLOWS :
Section 1. The City Council of the City of Fairhope, Alabama, finds and
declares as the legislative body thereof that it is in the best interest of the citizens of
the City, and the citizens of the affected area, to annex and bring the territory described
herein as Nelson Drive into the corporate limits of the City of Fairhope, and to assume
responsibility for those portions of Nelson Drive , if any , that are already within the
corporate limits of the City of Fairhope pursuant to Code of Alabama,§§ 11-49-80(b),
(c) and (d), and 11-42-20 to 24.
Section 2. The boundary lines of the City of Fairhope, Alabama, be, and the
same are hereby altered or rearranged so as to include all of the territory heretofore
encompassed by the corporate limits of the City of Fairhope , Alabama, and in addition
thereto the following described territory, to-wit:
A part of the Northwest Quarter of the Southwest Quarter of Section 19, Township 6
South, Range 2 East, Baldwin County, Alabama and being more fully described as
follows:
It is the intent of this document to convey unto the City of Fairhope, Alabama, any and
all right and title to that portion of the right-of-way owned and maintained by Baldwin
County along Nelson Drive, beginning at the east right-of-way line of Scenic Highway
98 also known as County Road 98 Scenic Route, ALT U. S. Highway 98 and South
Mobile Street, and formerly known as U . S. Highway 98 , and running easterly
approximately 525 feet. Including all improvements within the right-of-way such as ,
but not limited to the road, drainage structures, signs , trails , sidewalks , etc. Said right-
of-way being quitclaimed is part of property conveyed in Baldwin County Probate
Court Case No . 9449 , Real Property Book 17 page 792 , Real Property Book 18 page
121 and corrected by Instrument Number 991083 and part of Real Property Book 13
page 771 . It is also the intent to convey any and all prescriptive right-of-way that
Baldwin County, Alabama may own. (See attached Exhibit "A")
Subject to any reservations , restrictions , exceptions , and encumbrances of record.
Section 3 . The territory described in this ordinance shall become a part of and
lie within the corporate limits of the City of Fairhope, Alabama, upon publication of
this ordinance.
Section 4 . To the extent that portions of Nelson Drive, if any, are already
within the corporate limits of the City of Fairhope , but responsibility is vested in the
County, the City of Fairhope hereby assumes responsibility of said portions of Nelson
Drive pursuant to Code of Alabama, § 11-49-80(b ), in addition to their annexation or
re-annexation as described herein. In accordance with Code of Alabama, § 11-49-81,
the City of Fairhope's assumption of responsibility for Nelson Drive is in exchange
for the County agreeing that it shall resurface, one time , Nelson Drive from Scenic
Highway 98 east approximately 525 feet with a minimum one and a half inch (1.5")
overlay .
Ordinance No . 1725
Page -3-
The Baldwin County Commission and the City of Fairhope respectively acknowledge
and agree that this one-time resurfacing has been scheduled to occur as soon as
possible as consideration for this transfer, and may be completed prior to the transfer
of maintenance. The Baldwin County Commission and the City of Fairhope agree that
said consideration is a reasonable charge for being relieved of the burden of the
control, management, supervision, repair, maintenance, and improvement of the road
described herein.
Section 5. This ordinance shall be published as provided by law, and a
certified copy of the same, together with a certified copy of the resolution and petition
of the Baldwin County Commission, shall be filed with the Probate Judge of Baldwin
County, Alabama.
Section 6. If any part, section or subdivision of this ordinance shall be held to
be illegal , invalid, or unenforceable for any reason , such holding shall not be construed
to invalidate or impair the remaining provisions of this ordinance , which shall continue
in full force and effect notwithstanding such holding .
ADOPTED THIS THE 13TH DAY OF SEPTEMBER, 2021
~~ JACKB ii
Council President
Attest:
~~~ !SAA ANK ,MMC
City Clerk
ADOPTED THIS THE 13TH DAY OF SEPTEMBER, 2021
~-
Mayor
525 LF Su ject Right-Of-Way
1999-10-25
2015-01 -26
Baldwin County Highway Department
Nelson Drive ROW Acceptance -Exhibit "A" Map
0 0 .02 0 .04 0 .06 0 .08
Miles
RESOLUTION NO. 2021-108
RESOLUTION OF THE COUNTY COMMISSION
OF BALDWIN COUNTY, ALABAMA,
AUTHORIZING ANNEXATION AND TRANSFER OF RESPONSIBILITY
FOR A PORTION OF NELSON DRIVE
FROM BALDWIN COUNTY TO THE CITY OF FAIRHOPE
WHEREAS , Nelson Drive , from Scenic Highway 98 east approximately 525 feet
(hereinafter "Nelson Drive"), is a road or road segment insi de or abutting the corporate limits of
the City of Fairhope; and
WHEREAS , Nelson Drive includes all improvements within the right-of-way such as , but
not limited to, the road , drainage structures, signs, trails , sidewalks, etc.; and
WHEREAS, an accurate description of Nelson Drive is attached hereto as Exhibit "A "
and incorporated herein ; and
WHEREAS , the portion of Nelson Drive that is not already the responsibility of the City
of Fairhope has been County maintained for a period of one (1) year prior to the effective date of
this instrument; and
WHEREAS , Nelson Drive is located within the City of Fairhope but responsibility is
vested in the County; and
WHEREAS, in order to clarify and simplify the City of Fairhope's assumption of
responsibility for Nelson Drive in accordance with Code of Alabama, §l l-49-80(b), (c) and (d),
the Baldwin County Commission is submitting its consent and petition to the City of Fairhope to
annex Nelson Drive and assume the responsibility thereof; and
WHEREAS, the City of Fairhope desires to assume responsibility for Nelson Drive , to the
extent it is not already maintaining portions thereof, in order to facilitate the orderly development
and maintenance of this area and its corporate I im its.
NOW, THEREFORE, BE IT RESOLVED by the Baldwin County Commission as
follows:
Section 1. That Baldwin County hereby consents to and petitions for the annexation of
Nelson Drive by the City of Fairhope pursuant to Code of Alabama, § l l-49-80(c), and (d) and
§ 11-42-20 to 24.
Section 2. To the extent that po1tions of Nelson Drive, if any, are already located
within the corporate limits of City of Fairhope, but responsibility is vested in the County, the
Baldwin County Commission hereby consents to the assumption of responsibility of said portion
or portions of Nelson Drive by the City of Fairhope, pursuant to Code of A labama , § 1 l-49-80(b),
in addition to their annexation or re-annexation as described herein. In accordance with Code of
A labama , § I 1-49-81 , the City of Fairhope 's assumption of responsibility for Nelson Drive is in
exchange for the County agreeing that it shall resurface, one time, Nelson Drive from Scenic
Highway 98 east approximately 525 feet with a minimum one and a half inch ( 1.5") overlay . The
Baldwin County Commission and the City of Fairhope respectively acknowledge and agree that
this one time resurfacing has been scheduled to occur as soon as poss i ble as consideration for thi s
transfer , and may be completed prior to the transfer of maintenance .
Section 3. The Baldwin County Commission and the City of Fairhope agree that said
consideration is a reasonable charge .
Section 4. If any part, section or subdivision of this resolution shall be held to be
illegal , invalid , or unenforceable for any reason , such holding shall not be construed to invalidate
or impair the remaining provisions of this resolution , which shall continue in full force and effect
notwithstanding such holding .
AD~PTED and APPROVED by the County Commission of Baldwin County , Alabama,
on the ~ day of Au:Y J sf , 2021.
BALDWIN COUNTY COMMISSION
By:
Its:
County Administrator