Title
ORDINANCE AMENDING ORDINANCE NO. 387-87 PRE-ZONING PROPERTY
OWNED BY TURF PROPERTIES LLC TO PID - PLANNED INDUSTRIAL DISTRICT
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much) NA
Body
WHEREAS, the City of Foley, Alabama, adopted Ordinance No. 387-87 on June 15, 1987, ordaining a new Zoning Ordinance and Zoning Map for the City of Foley which has subsequently been amended, and
WHEREAS, the Planning Commission has recommended approval of this pre-zoning, and
WHEREAS, the City of Foley has received a request that specific property be pre-zoned, and the City Council of the City of Foley deems it necessary, for the purpose of promoting the health, safety, morals and general welfare of the City to amend said Ordinance, and
WHEREAS, all requirements to the laws of the State of Alabama, with regard to the preparation of the report of the Foley Planning Commission and subsequent action of the City Council have been met,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA while in regular session accepted the following changes:
Section 1. That the official Zoning Map of the City of Foley, Alabama be amended to pre-zone the portion of property to PID - Planned Industrial District said property description as follows:
LEGAL DESCRIPTION:
HECATE ENERGY FOLEY SOLAR
TRACTS 1,2,3,4
TURF PROPERTIES # 3, LLC
DESCRIPTION FOR 544.14 ACRES
SECTION 1 & 12, TOWNSHIP 8 SOUTH, RANGE 3 EAST
BALDWIN COUNTY, ALABAMA
Being a description for 544.14 acres of land located in Sections 1 and 12, Township 8 South, Range 3 East, being all of called Parcel B, Parcel C, Parcel D, and Parcel F conveyed to Turf Properties #3, LLC in Instrument Number 1728629 of the Official Public Records of Baldwin County, Alabama. Said 544.14-acre parcel being more particularly described by metes and bounds as follows, with all bearings and coordinates based on the Alabama Coordinate System of 1983, West Zone, as determined by GPS observations, area, distances, and coordinates are grid values:
BEGINNING at a 1-1/2-inch iron spike found (N: 139,997.14; E: 1,894,742.44) marking the common northwest corner of said Section 1 and said Parcel B, and the herein described parcel;
THENCE, NORTH 89°53'32" EAST, along the common north line of Section 1 and said Parcel B a distance of 2,572.42 feet to a 5/8-inch iron rod with cap marked “PERCHERON LLC” set in the west right-of-way line of Brewer/ Poser Road, marking the common northwest corner of said Parcel B and the herein described parcel;
THENCE, along the common east line of said Parcel B and the herein described parcel the following seven (7) courses:
1. THENCE, SOUTH 00°02’53" EAST, with said right-of-way line a distance of 29.97 feet to a 5/8-inch iron rod with cap marked “PERCHERON LLC” set for an angle point;
2. THENCE, SOUTH 45°10’27" EAST, continuing with said right-of-way line a distance of 35.28 feet to a 5/8-inch iron rod with cap marked “PERCHERON LLC” set for an angle point;
3. THENCE, SOUTH 90°00’00" EAST, continuing with said right-of-way line a distance of 42.00 feet to a 5/8-inch iron rod with cap marked “CA 0031 LS” found marking an angle point;
4. THENCE, SOUTH 00°02’53" EAST, a distance of 608.58 feet to a 5/8-inch iron rod with cap marked “CA0371LS” found;
5. THENCE, NORTH 89°41’28" EAST, passing at a distance of 454.94 feet a 1/2-inch iron rod with cap marked “WEYLAND WILSON CA1165” found marking the southeast corner of the Kenneth R. Kennedy and Lindsey Brewer Kennedy, Husband and Wife, tract described in Instrument No. 1779303 of the Official Public Records of Baldwin County, Alabama, continuing for a total distance of 1,319.36 feet to a 5/8-inch iron rod with cap marked “PERCHERON LLC” set marking the southwest corner of the Frances Clarie Holk tract described in Instrument No. 0918243 in the Official Public Records of Baldwin County, Alabama;
6. THENCE, SOUTH 00°01’11" WEST, a distance of 1,310.56 feet to a 1-1/2-inch iron pipe found for an angle point;
7. THENCE, SOUTH 00°09’03" EAST, a distance of 643.84 feet to a 1/2-inch iron rod with cap found marking the northwest corner of said called parcel D for an interior corner in the east line of the herein described parcel;
THENCE, NORTH 89°41'05" EAST, along the north line of said Parcel D, a distance of 1,288.62 feet to the west right-of-way line of County Road 65 (formally known as Hartung Road) (variable width right-of-way) and the northeast corner of said Parcel D, and angle point in the east line of the herein described parcel;
THENCE, SOUTH 00°02'11" EAST, along the east line of said Parcel D and said west right-of-way line, a distance of 40.00 feet to the southeast corner of said Parcel D, from which a found pk nail bears SOUTH 89°41'05" WEST, a distance of 8.63 feet;
THENCE, SOUTH 89°41’05" WEST, along the south line of said Parcel D, a distance of 370.02 feet for an angle point;
THENCE, over and across Said Parcel D the following two (2) courses:
1. THENCE, NORTH 04°51’43" EAST, a distance of 2.34 feet for an angle point;
2. THENCE, SOUTH 89°55’52" WEST, a distance of 918.77 feet to a point in the west line of said Parcel D for an interior angle point in the east line of the herein described parcel, from which a 5/8-inch iron rod with cap found marking the southwest corner of said Parcel D and the northwest corner of the Dustin York Mizzel tract described in Instrument No. 1511298 of the Official Public Records of Baldwin County, Alabama, and the northeast corner of said called Parcel F bears SOUTH 00°03’52" EAST, a distance of 6.28 feet;
THENCE, SOUTH 00°00'33" EAST, a distance of 1,400.68 feet to a 1/2-inch iron rod with cap marked “LS 30810” marking the southeast corner of said Parcel F, a corner point in the east line of said Parcel B, the northwest corner of the Turf Properties #4, LLC tract described in Instrument No. 1831664 of the Official Public Records of Baldwin County, Alabama and for an angle point in the east line of the herein described parcel;
THENCE, SOUTH 00°01'47" EAST, along the east line of said Parcel B, a distance of 1,258.75 feet to a 1/2-inch iron rod with cap marked “CA 0371 LS” in the south line of said Section 1 and in the north line of said Section 12, marking the southeast corner of said Parcel B and a corner in the east line of the herein described parcel;
THENCE, SOUTH 89°39'19" WEST, along said south line of Section 1 a distance of 1,331.99 feet to a 1/2-inch iron rod marking the northeast corner of said called Parcel C and an interior corner in the east line of the herein described parcel;
THENCE, SOUTH 00°09'39" WEST, along the east line of said Parcel C, a distance of 1,320.80 feet to a 3/4-inch iron rod marking the common southeast corner of said Parcel C and the herein described parcel;
THENCE, SOUTH 89°17'38" WEST, along the south line of said Parcel C, a distance of 2,630.18 feet to the west line of said Section 12 for the common southwest corner of said Parcel C and the herein described parcel, from which a 3/4-inch iron (bent) bears SOUTH 00°09'22" WEST, 11.42 feet;
THENCE, NORTH 00°09'22" EAST, along the common west line of said Parcel C and Section 12, a distance of 1,322.49 feet to a 1-inch iron pipe marking the northwest corner of said Parcel C, and the southwest corner of said Parcel B and said Section 1 for an angle point in the west line of the herein described parcel;
THENCE, NORTH 00°06'25" EAST, along the common west line of said Parcel B and Section 1, a distance of 2,665.51 feet to a 1-1/2-inch iron rod marking the west 1/4 corner of said Section 1, the northeast corner of the Joel w. Stutz and Amberly Stutz tract described in Instrument No. 2032948 of the Official Public Records of Baldwin County, Alabama, and an angle point in the common west line of said Parcel B and the herein described parcel;
THENCE, NORTH 00°05'44" WEST, continuing along the common west line of said Parcel B and Section 1, a distance of 2,672.24 feet returning to the POINT OF BEGINNING and containing a calculated area of 544.14 acres.
HECATE ENERGY FOLEY, LLC
TRACT 5
TURF PROPERTIES #4, LLC
DESCRIPTION FOR 75.66 ACRES
SECTION 1 & 12 TOWNSHIP 8 SOUTH, RANGE 3 EAST
BALDWIN COUNTY, ALABMA
Being a description for 75.66 acres of land located in Section 1 and 12 Township 8 South, Range 3 East, Baldwin County, Alabama, said 75.66 acres being out of a tract of land conveyed to Turf Properties #4, LLC under Instrument Number 1831664 of the Official Public Records of Baldwin County, Alabama. Said 75.66 acres being described as follows by metes and bounds with all bearings and coordinates based on the Alabama Coordinate System of 1983, West Zone, as determined by GPS observations, area, distances, and coordinates are grid values.
BEGINNING at a 1/2-inch iron rod with cap marked “LS 30810” found (N: 135,956.88; E: 1,898,703.26) marking the northwest corner of said Turf Properties #4, the northwest corner of the southeast 1/4 of the southeast 1/4 of said Section 1 and the southwest corner of tract of land conveyed to Jason G. Slaten under instrument number 1692959 the Official Public Records of Baldwin County, Alabama and the northwest corner of the herein described parcel;
THENCE, North 89°54’03” East, along the north line of said Turf Properties #4 and the south line of said Slaten tract a distance of 1,289.26 feet to 1/2-inch iron rod with cap stamped LS #30810 found in the west right-of-way of County Road 65, marking the northeast corner of the herein described parcel;
THENCE, along said west right-of-way line the following 10 courses:
1. THENCE, South 00°01'32" West, a distance of 866.48 feet for an angle point;
2. THENCE, South 24°47'59" West, a distance of 27.98 feet for an angle point;
3. THENCE, South 04°41'24" West, a distance of 207.40 feet for an angle point;
4. THENCE, South 34°30'52" West, a distance of 96.43 feet for an angle point;
5. THENCE, South 02°26'10" East, a distance of 95.21 feet for an angle point;
6. THENCE, South 32°23'15" East, a distance of 82.08 feet for an angle point;
7. THENCE, South 04°06'49" East, a distance of 195.38 feet for an angle point;
8. THENCE, South 27°17'58" East, a distance of 45.84 feet for an angle point;
9. THENCE, South 00°01'15" West, a distance of 8.66 feet to a 1/2-inch iron rod found for an angle point;
10. THENCE, South 00°01'59" West, a distance of 991.84 feet to a 5/8-inch iron rod with cap marked “PERCHERON LLC” set in the south line of said Turf Properties #4 and the north line of a tract conveyed to OM Group, LLC in Instrument No. 1765314, marking the southeast corner of the herein described parcel;
THENCE, South 89°53'19" West, along said the south line of said Turf Properties #4 a distance of 1,287.12 feet to a found 1/2-inch iron rod marking the common southwest corner of said Turf Properties #4 and the herein described parcel;
THENCE, North 00°02’39” West, along the west line of said Turf Properties #4 a distance of 991.72 feet for an angle point in the west line of the herein described parcel;
THENCE, North 00°06’45” East, continuing along west line of said Turf Properties #4 a distance of 328.26 feet, to a 1/2-in iron rod with cap marked “CA 0371 LS” found in the south line of said Section 1 and the north line of said Section 12 for an angle point in the west line of the herein described parcel;
THENCE, North 00°02’07” West, continuing along the west line of said Turf Properties #4 a distance of 1,258.87 feet, returning to the POINT OF BEGINNING and containing a calculated area of 75.66 acres.
SECTION 2: That the official Zoning Map of the City of Foley be revised to indicate this amendment and duly certified by the appropriate municipal officials.
SECTION 3: This Ordinance shall become effective immediately upon its adoption as required by law.