Skip to main content
File #: 13-0372    Version: 1 Name: Battaglia Annexation
Type: Ordinance Status: Adopted
File created: 12/7/2012 In control: Community Development Deptartment
On agenda: 12/17/2012 Final action: 12/17/2012
Title: First Reading of an Ordinance approving Petition for Annexation for Battaglia Property
Attachments: 1. Battaglia.pdf
Title
First Reading of an Ordinance approving Petition for Annexation for Battaglia Property
 
Body
      WHEREAS, on the 25th day of October, 2012, Elizabeth Battaglia and John finch, being the owners of all the real property hereinafter described, did file with the City Clerk petitions asking that the said tracts or parcels 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 NO. 05-54-03-30-0-000-005.001, A Portion of:  
      Commencing at a ¾ inch crimp top iron pipe marker found at the purported Northwest Corner of Section 30, Township 7 South, Range 4 East, St. Stephens Meridian, and run thence North 89 degrees 47 minutes 24 seconds East, for a distance of 2679.92 feet; thence run South 00 degrees 19 minutes 15 seconds West, for a distance of 1341.58 feet to a ½ inch capped rebar found (ID not legible) at the purported Southeast corner of the Northeast Quarter of the Northwest Quarter of said Section 30, Township 7 South, Range 4 East, and run thence North 89 degrees 45 minutes 18 seconds West, along the South line of said Northeast Quarter of the Northwest Quarter for a distance of 15.00 feet to a 5/8-inch capped rebar set (CA 934 LS) at the West right of way of Ralph Schumacher Lane and the Point of Beginning:  From said Point of Beginning, run thence South 00 degrees 19 minutes 13 seconds West, along said West right of way for a distance of 668.06 feet to a ½ inch capped rebar found (Seth W. Moore, PLS 16671) and being the Northeast Corner of a 4.0 acre, more or less, parcel of land described in Instrument No. 1190621, recorded in the Office of the Judge of Probate, Baldwin County, Alabama; thence run North 89 degrees 44 minutes 43 seconds West, along the North line of said parcel described in Instrument 1190621 for a distance of 317.44 feet to a ½ inch capped rebar found (Seth W. Moore PLS 16671) being the Northwest Corner of said parcel described in Instrument 1190621; thence run North 00 degrees 19 minute 13 seconds East, for a distance of 668.01 feet to a 5/8 inch capped rebar set (CA 934 LS) at the South line of the Northeast Quarter of the Northwest Quarter of Section 30, Township 7 South, Range 4 East, run thence South 89 degrees 45 minutes 18 seconds East, along said South line of the Northeast Quarter of the Northwest Quarter of Section 30, Township 7 South, Range 4 East, for a distance of 317.44 feet to the Point of Beginning.   This parcel of land contains 4.86 acres, more or less, and lies in the Southeast Quarter of the Northwest Quarter of Section 30, Township 7 South, Range 4 East, Baldwin County, Alabama.  (Description composed from records and an actual field survey.  Bearings shown are based on Alabama West Zone NAD83 (CORS96) State Plane Grid as determined by GPS observation, all distances are ground distance, not state plane grid distance).
 
Section 3.      Council approved annexation without zoning. Zoning request will be submitted to Planning Commission 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.