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AN ORDINANCE TO APPROVE THE ANNEXATION OF TERRITORY WITHIN THE CITY LIMITS OF THE CITY OF FOLEY, ALABAMA (BALDWIN COUNTY COMMISSION)
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WHEREAS, a portion of County Road 65 beginning approximately 620 feet north of the intersection of County Road 65 and Airport Road, and the commencing in a southerly direction for approximately 1,936 feet and ending at a point approximately 1,316 feet south of the intersection of County Road 65 and Airport Road, is a right-of-way inside or abutting the corporate limits of the City of Foley (hereinafter described as “County Road 65”); and
WHEREAS, an accurate description of County Road 65, together with a map thereof showing its relationship to the corporate limits of the City of Foley, is attached hereto as Exhibit “A” and incorporated herein; and
WHEREAS, some portions of County Road 65 that are not already the responsibility of the City of Foley have been a County-maintained street for a period of at least one (1) year prior to the effective date of this instrument; and
WHEREAS, the portions of County Road 65 subject to this agreement are bounded on both sides by the corporate limits of the City of Foley as a result of annexation of territory after July 7, 1995, or located within the City of Foley but responsibility is vested in the County; and
WHEREAS, the City of Foley desires to annex and assume responsibility for County Road 65, 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 Foley’s desire to annex and assume
responsibility for County Road 65 in accordance with Code of Alabama, §11-49-80(b), (c) and (d), the Baldwin County Commission passed a resolution on , 2025,
authorizing the annexation and transfer of responsibility for County Road 65 to the City of Foley, a copy of which is attached hereto as Exhibit “B”; and
WHEREAS, said resolution did petition the City of Foley for annexation and contained the signature of the owner of the described territory and a map of County Road 65 showing its relationship to the corporate limits of the City of Foley; and WHEREAS, the City Council of the City of Foley has determined that it is in the public interest that County Road 65 be annexed into the City of Foley and that all legal requirements for annexing County Road 65 have been met pursuant to Code of Alabama, §11-42-20 to 24.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF FOLEY, ALABAMA, AS FOLLOWS:
Section 1. The City Council of the City of Foley, 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 County Road 65 into the corporate limits of the City of Foley, and to assume responsibility for those portions of County Road 65, if any, that are already within the corporate limits of the City of Foley 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 Foley, 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 Foley, Alabama, and in addition thereto the following described territory, towit:
COUNTY ROAD 65
A part of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter and part of the Northwest Quarter of the Southwest Quarter of Section 19, Township 7 South, Range 4 East; A part of the Southeast Quarter of the Southeast Quarter of the Northeast Quarter and a part of the Northeast Quarter of the Southeast Quarter of Section 24, Township 7 South, Range 3 East, Baldwin County, Alabama and being more fully described as follows:
It is the intent to convey unto the City of Foley, Alabama, any and all right and title to that portion of right-of-way owned or maintained by Baldwin County along County Road 65, beginning approximately 620 feet north of the intersection of County Road 65 and Airport Road, thence in a southerly direction for approximately 1,936 feet to a point being approximately 1,316 feet south of the intersection of County Road 65 and Airport Road, to the end of the right-of-way being conveyed. 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 in Deed Book 22 page 314, Deed Book 381 page 131, Deed Book 381 page 132, and Probate Case # 6097. It is also the intent to convey any and all prescriptive right-of-way that Baldwin County, Alabama may own.
Section 3. The territory described in this ordinance shall become a part of and lie within the corporate limits of the City of Foley, Alabama, upon publication of this ordinance.
Section 4. To the extent that portions of County Road 65, if any, are already within the corporate limits of the City of Foley, but responsibility is vested in the County, the City of Foley hereby assumes responsibility of said portions of County Road 65 pursuant to Code of Alabama, §11-49-80(b), in addition to its annexation or re-annexation as described herein. In accordance with Code of Alabama, §11-49-81, the City of Foley’s assumption of responsibility for County Road 65 is in
exchange for the payment of One Hundred Dollars ($100.00) from the County. The Baldwin County Commission and the City of Foley 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 roads 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.