Title
Resolution declaring the annexation of properties located along U.S. Hwy. 98 by Legislative Annexation is for the public health and good
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)
In order to proceed with a Legislative Annexation the Council must determine that it wise, expedient and economical to apply for the annexation of said territory to the corporate limits of the City of Foley, Alabama by passagae of a Local Law in the Legislature of Alabama.
Body
WHEREAS, it is the opinion of the City Council of the City of Foley, Alabama that the public health and public good require that certain territory shall be brought within and annexed to the corporate limits of the City of Foley, Alabama, and
WHEREAS, the Foley City Council deems it wise, expedient and economical to apply for the annexation of said territory to the corporate limits of the City of Foley, Alabama by passage of a Local Law in the Legislature of Alabama, and
WHEREAS, the Foley City Council has caused to be prepared a Bill for introduction in the Legislature of Alabama, accurately describing said territory, to accomplish the annexation of said territory to the corporate limits of the City of Foley, Alabama.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Foley, Alabama that:
SECTION 1: The Mayor is hereby directed to cause notice of the application for passage of such local law to be published in a newspaper of general circulation in Baldwin County, Alabama for four consecutive weeks, to wit:
A BILL
TO BE ENTITLED
AN ACT
To alter, rearrange, and extend the boundary lines and corporate limits of the City of Foley in Baldwin County.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The boundary lines and corporate limits of the City of Foley in Baldwin County are altered, rearranged, and extended to include within the corporate limits of the city, in addition to the lands now included, all of the following territory:
TRACT 1
US Hwy 98 Annexation (East)
Commencing at the Southwest corner of Section 26, Township 7 South, Range 4 East, Baldwin County, Alabama; thence run North along the Western boundary of said Section 26 a distance of approximately 2629 feet to a point on the Southern boundary of the US Highway 98 Right-of-Way; thence run East along said Southern Right-of-Way boundary approximately 915 feet to the Point of Beginning; thence run South approximately 1294 feet to a point; thence run East approximately 427 feet to a point; thence run South approximately 1670 feet to a point; thence run East approximately 1291 feet to a point on the Western Right-of-Way boundary of Barin Field Road; thence run North along said Western Right-of-Way boundary approximately 1667 feet to a point; thence run West approximately 373 feet to a point; thence run North approximately 1044 feet to a point; thence run East approximately 200 feet to a point; thence run North approximately 100 feet to a point; thence run East approximately 173 feet to a point on the Western Right-of-Way boundary of Barin Field Road; thence continue East approximately 60 feet to a point on the Eastern Right-of-Way boundary of said road; thence run South along said Eastern Right-of-Way approximately 1141 feet to a point; thence run East approximately 992 feet to a point; thence run Northeasterly approximately 809 feet to a point; thence run Southeasterly approximately 99 feet to a point; thence run North approximately 721 feet to a point; thence run East approximately 644 feet to a point on the Western Right-of-Way boundary of Fernwood Drive West; thence continue East approximately 50 feet to a point on the Eastern Right-of-Way boundary of said road; thence continue East approximately 605 feet to a point on the Western Right-of-Way boundary of Sandy Lane; thence run North along said Western Right-of-Way boundary approximately 251 feet to a point where the said Western Right-of-Way boundary meets the Southern Right-of-Way boundary of US Highway 98; thence run Northeasterly approximately 84 feet to a point on the Northern Right-of-Way boundary of said US Highway 98; thence run North approximately 40 feet to a point; thence run East approximately 263 feet to a point on the Western boundary of Sandy Creek; thence run in a general Northeasterly/Southeasterly direction following the meandering path of Sandy Creek for an approximate distance of 5133 feet to a point on the Eastern boundary of an unused Right-of-Way which is located at or near 87 degrees 38' 27.56" W, 30 degrees 24' 37.83" N; thence run West approximately 35 feet to a point on the Western boundary of said unused Right-of-Way; thence continue West approximately 1507 feet to a point; thence run South approximately 295 feet to a point; thence run West approximately 157 feet to a point; thence run South approximately 999 feet to a point on the Northern Right-of-Way boundary of US Highway 98; thence run Southwesterly approximately 98 feet to a point on the Southern Right-of-Way boundary of US Highway 98 and the Point of Beginning, said tract of land lying in Section 26, Township 7 South, Range 4 East, Section 35, Township 7 South, Range 4 East and Section 25, Township 7 South, Range 4 East, Baldwin County, Alabama, containing 265.8 acres, more or less.
Less and Except Parcel ID 05-54-07-26-0-000-002.001, Parcel ID 05-54-07-26-0-000-002.002, Parcel ID 05-54-07-26-0-000-002.003, Parcel ID 05-54-07-26-0-000-002.004, Parcel ID 05-54-07-26-0-000-002.007, Parcel ID 05-54-07-26-0-000-002.008, Parcel ID 05-54-07-26-0-000-002.014 and Parcel ID 05-54-07-26-0-000-022.000, containing 24.9 acres, more or less.
TRACT 2
US HWY 98 Annexation (West)
Commencing at the Southwest corner of Section 27, Township 7 South, Range 4 East, Baldwin County, Alabama; thence run North along the Western boundary of said Section 27 a distance of approximately 2701 feet to a point on the Northern Right-of-Way boundary of US Highway 98; thence run East along said Northern Right-of-Way boundary approximately 1334 feet to the Point of Beginning; thence continue East approximately 1309 feet to a point on the Western Right-of-Way boundary of John Mixon Lane; thence continue East approximately 30 feet to a point on the Eastern Right-of-Way boundary of said road; thence run South approximately 80 feet to a point on the Southern Right-of-Way boundary of US Highway 98 and the Eastern Right-of-Way boundary of Osborne Drive; thence continue South along said Eastern Right-of-Way boundary approximately 410 feet to a point on the Northern Right-of-Way boundary of an unused road; thence run East along said Northern Right-of-Way boundary approximately 1300 feet to a point on the Western Right-of-Way boundary of Bender Road; thence continue East approximately 40 feet to a point on the Eastern Right-of-Way boundary of said road; thence run South along said Right-of-Way boundary approximately 343 feet to a point; thence run East approximately 620 feet to a point; thence run North approximately 542 feet to a point; thence run East approximately 270 feet to a point; thence run South approximately 120 feet to a point; thence run East approximately 412 feet to a point on the Western Right-of-Way boundary of Robert Lane Drive; thence continue East approximately 22 feet to a point on the Eastern Right-of-Way boundary of said road; thence run South approximately 966 feet along said Eastern Right-of-Way boundary to a point; thence run East approximately 507 feet to a point on the Western Right-of-Way boundary of Foley Beach Express; thence run North along said Western Right-of-Way boundary approximately 1269 feet to a point; thence run Northwest approximately 35 feet to a point on the Southern Right-of-Way boundary of US Highway 98; thence run West approximately 1484 feet to a point on said Southern Right-of-Way boundary; thence run North approximately 80 feet to a point on the Northern Right-of-Way boundary of said road; thence continue North approximately 310 feet to a point; thence run West approximately 332 feet to a point on the Eastern Right-of-Way boundary of Bender Road; thence continue West approximately 61 feet to a point on the Western Right-of-Way boundary of Bender Road; thence continue West approximately 1271 feet to a point on the Eastern Right-of-Way boundary of John Mixon Lane; thence continue West approximately 30 feet to a point on the Western Right-of-Way boundary of John Mixon Road; thence run North along said Western Right-of-Way boundary approximately 966 feet to a point; thence run West approximately 498 feet to a point; thence run South approximately 510 feet to a point; thence run West approximately 293 feet to a point; thence run South approximately 472 feet to a point; thence run West approximately 519 feet to a point; thence run South approximately 300 feet to a point on the Northern Right-of-Way boundary of US Highway 98 and the Point of Beginning, said tract of land lying in Section 27, Township 7 South, Range 4 East and Section 26, Township 7 South, Range 4 East, Baldwin County, Alabama, containing 81.8 acres, more or less.
Less and Except Parcel ID 05-54-08-27-0-000-005.001, Parcel ID 05-54-08-27-0-000-015.005, Parcel ID 05-54-08-27-0-000-015.008 and Parcel ID 05-54-08-27-0-000-017.000 which lie within the Foley City Limits, and Less and Except Parcel ID 05-54-07-26-0-000-029.001 and Parcel ID 05-54-08-27-0-000-015.007, consisting of 6.1 acres, more or less.
Section 2. In accordance with Section 11-42-6(b) of the Code of Alabama 1975, a map showing what territory is proposed to be annexed to the City of Foley is on file in the office of the Judge of Probate in Baldwin County, Alabama, and the map is open to the inspection of the public.
Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
SECTION 2: A map showing the territory proposed to be annexed is on file in the office of the Judge of Probate in Baldwin County and is open to public inspection.
SECTION 3: This Act shall become effective upon its passage and approval by the Governor, or upon its otherwise becoming a law.
SECTION 4: That the City Clerk be and is hereby directed to prepare the necessary copies of the above-mentioned Bill for introduction in the Legislature; and that immediately after the fourth publication of the notice prescribed in (1) above the City Clerk shall pay the cost of such publication and procure from said publisher an affidavit substantially as follows:
STATE OF ALABAMA, BALDWIN COUNTY
Before me ____________, a Notary Public in and for the State and County aforesaid personally appeared ____________, who, being by me first duly sworn, deposes and sayeth that during the times herein mentioned he/she was Publisher of the Foley Onlooker, a newspaper of general circulation published in Baldwin County, Alabama, and that the attached notice was published in said newspaper once a week for four consecutive weeks without cost to the State of Alabama, said notice having appeared in the issues of said paper on _________________, _________________, ______________, and _________________, all in the year 2013.
Sworn to and subscribed before me on this ______ day of ____________, 2013.
The City Clerk is further directed to deliver the prepared Bills together with the publisher's affidavit to the Honorable Steve McMillan, Representative to the Legislature of Alabama from Baldwin County, and respectively request that he cause the same to be introduced in the Legislature of Alabama.