Title
ORDINANCE AMENDING ORDINANCE NO. 387-87 REZONING PROPERTY OWNED BY Riviera Square LLC & Foley Square LLC FROM B1A - Extended Business District TO PDD - Planned Development District
Body
WHEREAS, the City of Foley, Alabama, adopted Ordinance No. 387-87 on June 15, 1987, ordaining a Zoning Ordinance and Zoning Map for the City of Foley which has subsequently been amended, and
WHEREAS, the City of Foley has received a request that specific property within the City be re-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 May 2, 2016 as follows:
Section 1. That the official Zoning Map of the City of Foley, Alabama be amended to rezone the portion of property previously zoned B1A, Extended Business District to PDD, Planned Development District; said property description as follows:
05-61-03-05-1-001-012.001 (#36129 containing 13.212+/- acres) and 05-61-03-05-1-001-012.002 (#221125 containing 12.422+/- acres)
LEGAL DESCRIPTION
BEGINNING AT A FOUND 4”X4” CONCRETE MONUMENT BEING THE NORTHWEST CORNER OF LOT 1 RESUBDIVISION OF LOT 3 RIVIERA STATION AS PER PLAT RECORDED ON SLIDE NO. 2167-D IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA; SAID POINT ALSO LYING ON THE SOUTH RIGHT OF WAY LINE OF PRIDE DRIVE (100' ROW); THENCE RUN ALONG SAID SOUTH RIGHT OF WAY LINE AS FOLLOWS: N 89° 57' 35" E 890.08 FEET TO A FOUND 5/8“R&C ENG. CAPPED REBAR BEING THE NORTHEAST CORNER OF SAID LOT 1; THENCE RUN N 89° 46' 08" E 59.98 FEET TO A FOUND 5/8“ REBAR BEING THE NORTHWEST CORNER OF LOT 1 REIBELING'S 2ND ADDITION TO THE CITY OF FOLEY AS PER PLAT RECORDED ON SLIDE NO. 1413-A IN SAID OFFICE; THENCE LEAVING SAID SOUTH RIGHT OF WAY LINE, RUN ALONG THE WEST LINE OF SAID LOT 1 S 00° 02' 07" E 180.06 FEET TO A FOUND 1/2“ REBAR BEING THE NORTHWEST CORNER OF LOT 1 OF THE REIBELING'S ADDITION TO THE CITY OF FOLEY AS PER PLAT RECORDED ON SLIDE NO. 1390-A IN SAID OFFICE; THENCE LEAVING SAID WEST LINE OF LOT 1 REIBELING'S 2ND ADDITION (SLIDE NO. 1413-A), RUN ALONG THE WEST LINE OF SAID LOT 1 REIBELING'S ADDITION (SLIDE NO. 1390-A) S 00° 02' 25" E 140.37 FEET TO A FOUND 1/2“ ILLEGIBLE CAPPED REBAR BEING THE SOUTHWEST CORNER OF SAID LOT 1; SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT 2 RIVIERA STATION AS PER PLAT RECORDED ON SLIDE NO. 1800-A IN SAID OFFICE; THENCE RUN ALONG THE BOUNDARY LINE OF SAID LOT 2 AS FOLLOWS: S 0° 05'25” E 173.72 FEET TO A FOUND 1/2“ MPS CA0645 CAPPED REBAR LYING ON A NON-TANGENTIAL CURVE TO THE LEFT AND HAVING A RADIUS OF 25.00 FEET; THENCE RUN SOUTHEASTWARDLY ALONG THE ARC OF SAID CURVE 39.23 FEET TO A FOUND 1/2” MPS CA0645 CAPPED REBAR; SAID POINT BEARS S 45° 03' 26” E 35.33 FEET FROM THE PREVIOUSLY DESCRIBED POINT; THENCE RUN S 89° 59' 17” E 256.11 FEET TO A FOUND 1/2“ MPS CA0645 CAPPED REBAR BEING THE SOUTHEAST CORNER OF SAID LOT 2; SAID POINT IS ALSO LYING ON THE WEST RIGHT OF WAY LINE ALABAMA HIGHWAY NO. 59; THENCE LEAVING SAID LOT 2, RUN ALONG SAID WEST RIGHT OF WAY LINE S 0° 01' 02” W 59.83 FEET TO A FOUND 5/8” ROWE CA 0033 LS CAPPED REBAR; SAID POINT ALSO BEING THE NORTHEAST CORNER OF LOT 1 OF SAID RIVIERA STATION; THENCE LEAVING SAID WEST RIGHT OF WAY LINE, RUN ALONG THE NORTH LINE OF SAID LOT 1 N 89° 59' 52” W 311.77 FEET TO A FOUND HOLE IN THE CONCRETE GUTTER BEING THE NORTHEAST CORNER OF LOT 2 RESUBDIVISION OF LOT 3 RIVIERA STATION AS PER PLAT RECORDED ON SLIDE NO. 2167-D IN SAID OFFICE; THENCE RUN ALONG THE NORTH LINE OF SAID LOT 2 N 89° 51' 33” W 28.48 FEET TO A FOUND 1/2” HMR CA0604LS CAPPED REBAR LYING ON THE BOUNDARY OF LOT 1 OF SAID RESUBDIVISION; THENCE RUN ALONG SAID BOUNDARY OF LOT 1 AS FOLLOWS: S 89° 57' 14" W 28.65 FEET TO A FOUND NAIL AND POLYSURV CAP; THENCE RUN S 47° 46' 40" W 260.54 TO A FOUND 1/2“ ILLEGIBLE CAPPED REBAR; THENCE RUN S 0°00'53” E 169.70 FEET TO A FOUND 1/2” HMR CA0604LS CAPPED REBAR; THENCE RUN S 87°56'34” E 156.77 FEET TO A POINT; THENCE RUN S 0°06'36” E 347.25 FEET TO A FOUND 1/2” CRIMPED TOP PIPE; THENCE RUN S 89°52'55” W 827.49 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF SOUTH PINE STREET; THENCE RUN ALONG SAID EAST RIGHT OF WAY LINE AS FOLLOWS: N 0°00'52” E 684.53 FEET TO A POINT; THENCE CONTINUE N 00° 00' 52" E FOR A DISTANCE OF 592.89 FEET TO THE POINT OF BEGINNING.
SAID DESCRIBED PROPERTY BEING LOT 1 RESUBDIVISION OF LOT 3 RIVIERA STATION AS PER PLAT RECORDED ON SLIDE NO. 2167-D IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA AND THE PUBLIC RIGHT OF WAY OF RIVIERA BLVD; CONTAINING 1106669.66 SQUARE FEET OR 25.41 ACRES, MORE OR LESS.
LEGAL DESCRIPTIONS (AS SURVEYED):
05-61-03-05-1-001-016.000 (#228686 containing 3.275+/- acres), 05-61-03-05-4-001-004.000 (#61526 containing 6.866+/- acres) and 05-61-03-05-4-001.000 (#82477 containing 2.359+/- acres)
BEING THAT CERTAIN REAL PROPERTY DESCRIBED AS PARCEL A CONVEYED TO OSAMA ABDOU GERGES IN THE WARRANTY DEED RECORDED AS INSTRUMENT NO. 1494369 IN THE OFFICE OF THE JUDGE OF PROBATE BALDWIN COUNTY, ALABAMA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND 1/2" CRIMPED TOP PIPE BEING THE SOUTHEAST CORNER OF LOT 2 FOLEY SQUARE SUBDIVISION AS PER PLAT RECORDED ON SLIDE NO. 2512-E IN THE OFFICE OF THE JUDGE OF PROBATE BALDWIN COUNTY, ALABAMA; THENCE RUN ALONG THE EAST BOUNDARY LINE OF SAID LOT 2 N 00° 06' 36" W 347.25 FEET TO A FOUND 5/8” GMC CAPPED (CA00156) REBAR; THENCE LEAVING SAID EAST BOUNDARY LINE, RUN N 89° 57' 05" E 405.32 FEET TO A FOUND 1/2" VOLKERT CAPPED (CA0033918) REBAR LYING ON THE WEST RIGHT OF WAY LINE OF ALABAMA HIGHWAY NO. 59; THENCE RUN ALONG SAID WEST RIGHT OF WAY AS FOLLOWS: S 00° 02' 47" W 346.76 FEET TO A SET GMC 5/8” CAPPED (CA00156) REBAR; THENCE RUN S 00° 02' 47" W 127.69 FEET TO A SET 5/8” GMC CAPPED (CA00156) REBAR; THENCE LEAVING SAID WEST RIGHT OF WAY LINE RUN S 89° 58' 59" W 150.00 FEET TO A SET GMC 5/8” CAPPED (CA00156) REBAR; THENCE RUN S 00° 00' 15" E 100.00 FEET TO A SET GMC 5/8” CAPPED (CA00156) REBAR; THENCE RUN S 89° 58' 59" W 7.98 FEET TO A SET 5/8” GMC CAPPED (CA00156)REBAR; THENCE RUN S 00° 05' 41" W 105.27 FEET TO A FOUND 1/2" VOLKERT CAPPED (CA0039LS) REBAR; THENCE RUN N 89° 58' 19" W 241.93 FEET TO A FOUND 5/8” REBAR; THENCE RUN N 89° 50' 39" W 872.97 FEET TO A FOUND 1” CRIMPED TOP PIPE LYING ON THE EAST RIGHT OF WAY LINE OF S. PINE STREET; THENCE RUN ALONG SAID EAST RIGHT OF WAY LINE, N 01° 27' 27" W 327.83 FEET TO A FOUND 1/2" REBAR ; THENCE RUN N 89°42' 07” E 49.61 FEET TO A FOUND 5/8” GMC CAPPED (CA00156) REBAR BEING THE SOUTHWEST CORNER OF THE AFOREMENTIONED LOT 2 FOLEY SQUARE SUBDIVISION ; THENCE RUN ALONG THE SOUTH LINE OF SAID LOT 2 N 89° 52' 55" E 827.49 FEET TO THE POINT OF BEGINNING.
SAID ABOVE DESCRIBED PROPERTY LYING AND BEING SITUATED IN SECTION 5, TOWNSHIP 8 SOUTH, RANGE 4 EAST, BALDWIN COUNTY, ALABAMA, AND CONTAINING 531,322.91 SQUARE FEET OR 12.20 ACRES, MORE OR LESS.
05-61-03-05-4-001-001.002 (#32805 containing .360+/- acres)
BEING THAT CERTAIN REAL PROPERTY DESCRIBED AS PARCEL B CONVEYED TO OSAMA ABDOU GERGES IN THE WARRANTY DEED RECORD AS INSTRUMENT NO. 1494369 IN THE OFFICE OF THE JUDGE OF PROBATE BALDWIN COUNTY, ALABAMA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND 1/2" CRIMPED TOP PIPE BEING THE SOUTHEAST CORNER OF LOT 2 FOLEY SQUARE AS PER PLAT RECORDED ON SLIDE NO. 2512-E IN THE OFFICE OF THE JUDGE OF PROBATE BALDWIN COUNTY, ALABAMA; THENCE RUN ALONG THE EAST BOUNDARY LINE OF SAID LOT 2 N 00° 06' 36" W 347.25 FEET TO A FOUND 5/8” GMC CAPPED (CA00156) REBAR; THENCE LEAVING SAID EAST RIGHT OF WAY LINE, RUN N 89° 57' 05" E 405.32 FEET TO A FOUND 1/2" VOLKERT CAPPED (CA0033918) REBAR LYING ON THE WEST RIGHT OF WAY LINE OF ALABAMA HIGHWAY NO. 59; THENCE RUN ALONG SAID WEST RIGHT OF WAY AS FOLLOWS: S 00° 02' 47" W 346.76 FEET TO A SET GMC 5/8” CAPPED (CA00156) REBAR; THENCE RUN S 00° 02' 47" W 127.69 FEET TO A SET 5/8” GMC CAPPED (CA00156) REBAR BEING THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE RUN S 00° 00' 16" E 100.00 FEET TO A SET GMC 5/8” CAPPED (CA00156) REBAR; THENCE LEAVING SAID WEST RIGHT OF WAY LINE, RUN S 89° 58' 59" W 150.00 FEET TO A SET GMC 5/8” CAPPED (CA00156) REBAR; THENCE RUN N 00° 00' 15" W 100.00 FEET TO A SET GMC 5/8” CAPPED (CA00156) REBAR; THENCE RUN N 89° 58' 59" E 150.00 FEET TO THE POINT OF BEGINNING.
SAID ABOVE DESCRIBED PROPERTY LYING AND BEING SITUATED IN SECTION 5, TOWNSHIP 8 SOUTH, RANGE 4 EAST, BALDWIN COUNTY, ALABAMA AND CONTAINING 14999.98 SQUARE FEET OR 0.34 ACRES, MORE OR LESS.
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.