HomeMy WebLinkAboutO-1700BALDWIN COUNTY , ALABAMA
HARRY D'OLIVE , JR . PROBATE JUDGE
Fil ed/cert . 2/22/2021 2:24 PM
TOT AL S 34 .00
8 Pages
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ORDINANCE NO. 1700
AN ORDINANCE TO APPROVE THE ANNEXATION OF
TERRITORY WITHIN THE CITY LIMITS OF THE
CITY OF FAIRHOPE, ALABAMA
(BALDWIN COUNTY COMMISSION)
WHEREAS , Parker Road from US Hwy 98 easterly approximately 1,373
feet to the end of County maintenance , (hereinafter "Parker Road"), is a road or road
segment inside the limit of the City of Fairhope; and
WHEREAS, an accurate description of Parker Road, together with a map
thereof showing their relationship to the corporate limits of the City of Fairhope, is
attached hereto as Exhibit "A" and incorporated herein; and
WHEREAS , those portions of Parker Road that are not already the
responsibility of the City of Fairhope have been County-maintained streets for a
period of at least one (1) year prior to the effective date of this instrument; and
WHEREAS , the character and nature of Parker Road varies , as certain
portions are either (i) maintained by the City of Fairhope, (ii) bounded on both sides
by the corporate limits of the City of Fairhope as a result of annexation of territory
after July 7 , 1995 , (iii) bounded on one side by the corporate limits of Fairhope, or
(iv) located within the City of Fairhope but responsibility is vested in the County;
and
WHEREAS, the City of Fairhope desires to annex and assume responsibility
for Parker Road , 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 accomplish the City of Fairhope 's desire to annex
and assume responsibility for Parker Road in accordance with Code of Alabama ,
§ 11-49-80(b ), ( c) and ( d), the Baldwin County Commission passed a resolution on
September 1, 2020, authorizing the annexation and transfer of responsibility for
Parker Road 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
Parker Road 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 interest that Parker Road be annexed into the City of Fairhope and
that all legal requirements for annexing Parker Road have been met pursuant to Code
of Alabama , §§11-42-20 to 24.
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Ordinance No . 1700
Page -2-
N OW, THE RE FORE, BE IT ORD AINE D BY THE CITY COUNCIL
OF FAIRHOPE, ALABAMA, AS F OLL O WS:
Se ction 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 h erein as Parker Road into the corporate limits of th e City of Fairhope, and
to assume responsibility for those portions of Parker Road, if any, that are already
within the corporate limits of the City of Fairhope pursuant to Code of A labama ,
§§11-49-S0(b), (c) and (d), and 11-42-20 to 24 .
Section 2 . The boundary lines of the City of Fairho p e, A labama, 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 th ereto the fo ll owing descri b ed territory , to -wit:
Parker Road Right-Of-Way (From US HWY 98 East)
FROM THE POINT OF COMME CEMENT AND BEGINNING AT THE
NORTHWEST CORNE R OF LOT #3 OF THE RESUBDIVIS ION OF THE REPLAT
OF PHASE l OF FAIRHOPE VILLAGE , A PUD , AS PER PLAT THEREOF
RECORDED IN THE BALDWIN COUNTY JUDGE OF PROBATE OFFICE , SLIDE
2424-F ; RUN 76 °52'30" E, ±1 78.99 FEET TO A POINT ; THE CE RUN 4°22'12"
W , ± 13 .6' FEET TO A POINT ; THENCE RUN S 88 °38'46" E , ± 46 .56 FEET TO A
POINT ; THENCE RUN S 88 °38'46" E , ± 205 .86 FEET TO A PO INT; THENCE RUN
S 89 °39'33" E , ± 359.62 FEET TO A POINT ; THENCE RUNS 89 °39'33" E , ± 152.93
FEET TO A POINT ; THENCE RUNS 89 °39'33" E , ± 147 .96 FEET TO A POINT ;
THE CE RUN 0°26'41" E, ± 39.98 FEET TO A POINT ; THE CE RUN N
89 °38'36" E, ± 168 .05 FEET TO A POINT ; THENCE NORTH,± 40 .00 FEET TO A
POINT ; THENCE RUN N 89 °22'00" W, ± 367 .04 FEET TO A POINT (AT THE
SOUTHEAST CORNER OF TH E ROW OF HIGH RIDGE ROAD); THENCE RUN
89 °22'00" W , ± 50.00 FEET TO A POINT (AT THE SOUTHWEST CORNER OF
HIGH RI DGE ROAD); THENC E RUN 89 °22'00" W , ± 256.00 FEET TO A POINT ;
THENCE RUN N 89 °52'27" W , ± 334.28 FEET TO A POINT; THENCE RUN N
89 °42'17" W , ± 72 .75 FEET TO A POINT ; THENCE RUNS 82 °41'7.7" W, ± 70.70
FEET TO A POINT ; THE CE RUN N 89 °11'19" W , ± 132 .39 FEET TO A POINT 0
THE EAST RIGHT-OF-WAY LINE OF US HIGHWAY 98 ; THE CE RUN ALO G
THE EAST R.O.W . LINE S 13 °02'00" E, ± 124 .72 FEET TO THE POINT OF
COMMENCEMENT AND BEGINNING ; CON TAINING 2.27 ACRES, MORE OR
LESS , LYING IN SECTIO S 5 & 8, TOWNSHIP 6 SOUTH , RANGE 2 EAST ,
BALDWIN COUNTY , ALABAMA .
Section 3 . The territory descri bed in th is ordinance shall become a p art of
and lie w ithin the corporate lim its of the City of Fairho p e, Alabama, upon
publication of this ordinance .
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Ordinance No . 1700
Page -3-
Section 4 . To the extent that portions of Parker Road, 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 Parker
Road pursuant to Code of Alabama , § l l -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 Parker Road is in exchange
for the County agreeing that it shall resurface , one time , Parker Road from US Hwy
98 easterly approximately 1,373 feet to the end of County maintenance with a
minimum one and a half inch 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 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 ordinance shall not be
held or 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 8TH DAY OF FEBRUARY, 2021
Attest:
~~ City Cl rk
ADOPTED THIS THE 8TH DAY OF FEBRUARY, 2021
3
Parker Road Right-Of-Way (From US HWY 98 East)
FROM THE POINT OF COMMENCEME T AND BEGINNING AT THE NORTHWEST
CORNER OF LOT #3 OF THE RESUBDIVISION OF THE REPLA T OF PHASE 1 OF
FAIRHOPE VILLAGE , A PUD, AS PER PLAT THEREOF RECORDED IN THE BALDWIN
COUNTY JUDGE OF PROBATE OFFICE , SLIDE 2424-F; RUN 76 °52'30" E , ±178.99 FEET
TO A POINT; THE CE RUN 4 °22'12" W , ± 13 .6' FEET TO A POINT ; THE CE RUN S
88 °38'46" E, ± 46.56 FEET TO A POINT; THENCE RUNS 88 °38'46" E , ± 205 .86 FEET TO A
POINT; THE CE RUN S 89 °39'33" E, ± 359.62 FEET TO A POINT ; THE CE RUN S
89 °39'33" E, ± 152.93 FEET TO A POINT ; THENCE RUNS 89 °39'33" E , ± 147 .96 FEET TO A
POINT; THENCE RUN N 0°26'41" E , ± 39.98 FEET TO A POINT ; THENCE RUN N 89 °38'36"
E , ± 168 .05 FEET TO A POINT; THENCE NORTH , ± 40.00 FEET TO A POINT; THENCE
RUN N 89°22'00" W , ± 367 .04 FEET TO A POINT (AT THE SOUTHEAST CORNER OF THE
ROW OF HIGH RIDGE ROAD); THENCE RUN N 89 °22'00" W , ± 50.00 FEET TO A POINT
(AT THE SOUTHWEST CORNER OF HIGH RIDGE ROAD); THE CE RUN 89 °22'00" W ,
± 256 .00 FEET TO A POINT ; THENCE RUN N 89 °52'27" W , ± 334.28 FEET TO A POINT ;
THE CE RUN N 89 °42'17" W , ± 72 .75 FEET TO A POINT; THE CE RUNS 82 °41'7.7" W , ±
70.70 FEET TO A POINT ; THENCE RUN 89 °11'19" W, ± 132.39 FEET TO A POINT 0
THE EAST RIGHT-OF-WAY LINE OF US HIGHWAY 98; THE CE RUN ALONG THE
EAST R .O.W. LINES 13 °02'00" E, ± 124.72 FEET TO THE POINT OF COMMENCEMENT
AND BEGINNING; CONTAINING 2.27 ACRES , MORE OR LESS , LYING IN SECTIONS 5
& 8, TOWNSHIP 6 SOUTH, RANGE 2 EAST , BALDWIN COUNTY, ALABAMA .
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Transfer of Maintenance Agreement
0 0_025 0 _05 0_075 0.1
Miles
RESOLUTION NO. 2020 -130
RESOLUTION OF THE COUNTY COMMISSION OF
BALDWIN COUNTY, ALABAMA,
AUTHORIZING ANNEXATION AND TRANSFER OF RESPONSIBILITY
FOR PARKER ROAD
FROM BALDWIN COUNTY TO THE CITY OF FAIRHOPE
WHEREAS, Parker Road from US Highway 98 easterly approximately 1,373 feet to the
end of County maintenance (hereinafter the "Parker Road "), is a road or road segment inside the
corporate limits of the City of Fairhope; and
WHEREAS , an accurate description of Parker Ro ad is attached hereto as Exhibit "A" and
incorporated herein ; and
WHEREAS, those portions of Parker Road that are not already the responsibility of the
City of Fairhope have been County maintained streets for a period of one (1) year prior to the
effective date of this instrument ; and
WHEREAS, the character and nature of Parker Road varies , as certain portions are either
(i) maintained by the City of Fairhope , (ii) bounded on both sides by the corporate limits of the
City of Fairhope as a result of annexation of territory after July 7 , 1995 , or (iii) bounded on one
side by the corporate limits of Fairhope ; and
WHEREAS, in order to clarify and simplify the City of Fairhope's assumption of
responsibility for Parker Road in accordance with Code of A labama ,§ 11-49-80(b), (c) and (d), the
Baldwin County Commission is submitting its consent and petition to the City of Fairhope to annex
Parker Road and assume the re sponsibility thereof; and
WHEREAS, the City of Fairhope desires to assume responsibility for Parker Road, to the
extent it is not already maintaining portions thereo f, in order to facilitate the orderly development
and maintenance of this area and its corporate limits .
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
Parker Road by the City of Fa irhope pursuant to Code of A labama,§ 11-49-80(c), and (d) and§ 11-
42-20 et seq.
Section 2. To the extent that portions of Parker Road are within the City of Fairhope
but maintained by the County, the Baldwin County Commission hereby consents to the assumption
of responsibility for Parker Road by the City of Fairhope, pursuant to Code of Alabama, § 11-49-
80(b ). In accordance with Code of A labama , §11-49-81 , the City of Fairhope 's assumption of
responsibility for Parker Road is in exchange for the County agreeing that it shall resurface , one
time, Parker Ro ad from US Highway 98 easterly approximately 1,373 feet to the end of County
maintenance with a minimum one and a half inch 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 possible as consideration for this 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 reaso~, such resolution shall not be held or construed to
invalidate or impair the remaining provisions of this resolution, which shall continue in full force
and effect notwithstanding such holding.
ADOPTED and APPROVED by the County Commission of Baldwin County, Alabama,
on the ~ day of j~:¼Rf1\NC , 2020 .
ATTEST:
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WAYNE DYESS
County Administrator
By:
Its:
BALDWIN COUNTY COMMISSION
~~[bk.~
BILLIE JO ERWOOD
Chairman
Legend
-us Highway
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Un pav&d
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City Limits
Exhibit A
Transfer of Maintenance Agreement
0 0.04 0.08 0 .12 0 .16
Miles