Title
AN ORDINANCE APPROVING PETITION FOR ANNEXATION AND BRINGING PROPERTY OWNED BY MAGNOLIA LAND COMPANY INTO THE CORPORATE LIMITS OF THE CITY OF FOLEY
Summary
John B. Foley (Magnolia Land Co.) is requesting his property to be annexed into the corporate limits of the City of Foley. This is in conjunction with the extension of Fern Avenue.
NOTE: This is in Version 2 because the legal description has changed substantially and a first reading must be repeated with new legal description.
Body
WHEREAS, on the 2nd day of June, 2014, John B. Foley (Magnolia Land Co.), being the owner of all the real property hereinafter described, did file with the City Clerk a petition asking that the said tract or parcel 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;
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# A portion of 05-54-05-22-0-000-002.000\PPIN 67633
Commencing at the Northwest corner of Section 22, Township 7 South, Range 4 East, Baldwin County, Alabama; thence run South 2090 feet, more or less, along the Western boundary of said Section to a point; thence run East 15 feet, more or less, to a point on the Eastern Right-of-Way boundary of Pecan St N and the Point of Beginning; thence run South 560 feet, more or less, along the unused Eastern Right-of-Way boundary of Pecan St to a point on the Northern boundary of an unused Right-of-Way for E Fern Av; thence continue South 30 feet, more or less, along the unused Eastern Right-of-Way boundary of Pecan St to a point on the Southern boundary of said unused E Fern Av Right-of-Way; thence continue South 560 feet, more or less, along the unused Eastern Right-of-Way boundary of Pecan St to a point; thence run East 2625 feet, more or less, to a point on the unused Western boundary of Bender Rd; thence run North 560 feet, more or less, along the unused Western boundary of Bender Rd to a point on the Southern boundary of an unused Right-of-Way for E Fern Av; thence continue North 30 feet, more or less, along the unused Western boundary of Bender Rd to a point on the Northern boundary of said unused Right-of-Way for E Fern Av; thence continue North 560 feet, more or less, along the unused Western boundary of Bender Rd to a point; thence run West 2625 feet, more or less, to a point on the Eastern boundary of Pecan St N and the Point of Beginning, said tract of land containing approximately 69 acres, less and except approximately 2 acres of the unused Right-of-Way of E Fern Av.
Section 3. Petitioner requested zoning as R-3 - Residential Multi-Family; however, Planning Commission has recommended B-3 (Local Business District) on the north parcel and R-3 (Residential Multi-Family) on the south parcel.
Section 4. The zoning has gone through Planning Commission and all fees associated with the annexation/zoning of the property are hereby waived.
Section 5. 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 6. 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.