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File #: 14-0037    Version: 1 Name: (First Reading) An Ordinance Approving Petition for Annexation and Initial Zoning and Bringing Property into the Corporate Limits of The City of Foley owned by Charles& Joyce Ann Roberts
Type: Ordinance Status: Adopted
File created: 1/9/2014 In control: City Council
On agenda: 2/17/2014 Final action: 2/17/2014
Title: An Ordinance Approving Petition for Annexation and Initial Zoning and Bringing Property into the Corporate Limits of The City of Foley owned by Charles & Joyce Ann Roberts
Attachments: 1. 13-1050 ORD, 2. Roberts Initial Zoning
Related files: 14-0036, 13-1148
Title
An Ordinance Approving Petition for Annexation and Initial Zoning and Bringing Property into the Corporate Limits of The City of Foley owned by Charles & Joyce Ann Roberts
 
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)
Council adopted on its second reading Ordinance 13-1050 Approving Petition for Annexation and and Bringing Property into the Corporate Limits of The City of Foley owned by Charles & Joyce Ann Roberts on November 18, 2013. It was recorded at the Judge of Probate's office on December 4, 2013, Instrument # 1431965. The Ordinance did not go to Planning Commission prior to its adoption and therefore must be rescinded.
 
 
Body
      WHEREAS,  Council adopted on its second reading Ordinance 13-1050 (File Number 13-1148) Approving Petition for Annexation and and Bringing Property into the Corporate Limits of The City of Foley owned by Charles& Joyce Ann Roberts on November 18, 2013, and
 
      WHEREAS, It was recorded at the Judge of Probate's office on December 4, 2013, Instrument # 1431965, and
 
      WHEREAS,  Ordinance 13-1050 did not go to Planning Commission prior to its adoption and recording and therefore must be rescinded, and
 
      WHEREAS, on the 15th day of May, 2013, a portion of tracts or parcels of land along U.S.Highway 98 were annexed to and became a part of the City of Foley under Legislative Act 2013- 230, and
 
      WHEREAS, Charles and Joyce Ann Roberts were out of town during the process and now wish to be annexed, 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 NUMBER: 54- 07- 26-0- 000- 022.000
Lots 39, 40 and 41, Block 1 of the Fernwood Heights Subdivision according to the plat thereof recorded in the office of the Judge of Probate of Baldwin County, Alabama in Map Book
4, page 225.
 
      Section 3. Petitioners requested zoning is B- 3 ( Commercial Local Business District) for 0.852 ± acres, upon adoption of this ordinance and Planning Commission recommends zoning as requested.
 
      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.