Title
ORDINANCE APPROVING INITIAL ZONING OF PROPERTY OWNED BY RIVIERA UTILITIES.
Summary
It is requested for Council to suspend to the rules for the immediate adoption of this ordinance.
Body
WHEREAS, on June 13, 2017, Tom DeBell, being the owner(s) of all the real property hereinafter described, did file with the City Clerk a petition asking that the said tract(s) or parcel(s) of land be annexed to and become a part of the City of Foley, and
WHEREAS, said petition did contain the signatures of all the owners of the described territory and a map of said property showing its relationship to the corporate limits of the City of Foley, and
WHEREAS, the governing body did determine that it is in the public interest that said property be annexed to the City of Foley and it did further determine that all legal requirements for annexing said real property have been met pursuant to Sections 11-42-20 through 11-42-24, Code of Alabama, 1975, and
WHEREAS, the initial zoning public hearing was held on September 5, 2017, and
WHEREAS, the initial zoning section of the Annexation Ordinance 17-1233-ORD was inadvertently left out of the ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF FOLEY, ALABAMA, AS FOLLOWS:
Section 1. The Council of the City of Foley, Alabama, finds and declares as the legislative body of the City that it is in the best interests of the citizens of the City, and the citizens of the affected area, to bring the territory described in Section 2 of this ordinance into the City of Foley.
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 heretobefore encompassed by the corporate limits of the City of Foley, Alabama, and in addition thereto the following described territory, to-wit:
Tax Map Parcel ID# 54-04-17-4-000-002.010 PPIN#201792
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 7 SOUTH, RANGE 4 EAST, THENCE RUN SOUTH 00°09'00" WEST, 542.95 FEET; THENCE RUN NORTH 89°52'00" EAST, 3.41 FEET TO A CAPPED REBAR MARKING THE POINT OF BEGINNING, THENCE FROM SAID POINT OF BEGINNING CONTINUE NORTH 89°52'00" EAST, 406.00 FEET TO A CRS (CAPPED REBAR SET MARKED L & O, INC. CA #31), THENCE RUN SOUTH 00°01'27" EAST, 412.00 FEET TO A CAPPED REBAR SET; THENCE RUN SOUTH 89°52'00" WEST, 406.00 FEET TO A CAPPED REBAR SET; THENCE RUN NORTH 00°01'27" WEST, 412.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL LYING IN THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 7 SOUTH, RANGE 4 EAST, BALDWIN COUNTY, ALABAMA. LESS AND EXCEPT ANY PORTION OF THE NORTH - SOUTH RIGHT OF WAY (PINE STREET, 40 FOOT RIGHT OF WAY) THAT LIES ALONG THE WESTERN LINE OF THE ABOVE DESCRIBED PROPERTY.
Section 3. Petitioner requested and Council approved zoning as B1A (Commercial Extended Business District), upon adoption of this ordinance.
Section 4. This ordinance shall be published as provided by law, and a certified copy of same, together with a certified copy of the petition of the property owners, shall be filed with the Probate Judge of Baldwin County, Alabama.
Section 5. The territory described in this ordinance shall become a part of the corporate limits of Foley, Alabama, upon publication of this ordinance as required by law.