File #: 18-0317    Version: 1 Name: (First Reading) AN ORDINANCE APPROVING PETITION FOR ANNEXATION AND BRINGING PROPERTY INTO THE CORPORATE LIMITS OF THE CITY OF FOLEY (Oscar and Kay Payne)
Type: Ordinance Status: Adopted
File created: 6/25/2018 In control: City Council
On agenda: 8/6/2018 Final action: 8/6/2018
Title: AN ORDINANCE APPROVING PETITION FOR ANNEXATION AND BRINGING PROPERTY INTO THE CORPORATE LIMITS OF THE CITY OF FOLEY (Oscar and Kay Payne)
Attachments: 1. Payne Annexation Petition & Maps
Related files: 18-0318, 18-0382

Title

AN ORDINANCE APPROVING PETITION FOR ANNEXATION AND BRINGING PROPERTY INTO THE CORPORATE LIMITS OF THE CITY OF FOLEY (Oscar and Kay Payne)

 

Summary

Oscar and Kay Payne, who is represented by Dewberry is requesting to have three (3) parcels of land to be annexed into the corporate limits of the City of Foley. The parcels of land was NOT part of the 2018 Legislative Annexation that did not pass the Senate. The property is located North of County Road 12 South and West of Hickory Street South.

 

Body

                     WHEREAS, on the 25th day of June, 2018, Oscar and Kay Payne, who is represented by Dewberry being the owners of all the real property hereinafter described, did file with the City Clerk a petition asking that the said tracts or parcels of land be annexed to and become a part of the City of Foley, and

 

                     WHEREAS, said petitions 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#s 05-61-03-07-0-000-007.004; 05-61-03-07-0-000-007.005 and 05-61-03-07-0-000-007.006

 

COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 8 SOUTH, RANGE 4 EAST, BALDWIN COUNTY, ALABAMA; THENCE RUN NORTH 01°05'17" EAST, A DISTANCE OF 40.30 FEET TO AN OPEN END PIPE ON THE NORTH RIGHT-OF-WAY LINE OF BALDWIN COUNTY ROAD NO. 12; THENCE RUN NORTH 89°39'26" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 311.88 FEET TO A 1/2" CAPPED REBAR (LINDSEY) FOR THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°39'26" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 119.88 FEET TO A 1” CRIMP TOP IRON PIN; THENCE RUN NORTH 01°04'57" EAST, A DISTANCE OF 625.89 FEET TO A 1” CRIMP TOP IRON PIN; THENCE RUN SOUTH 89°35'57" EAST, A DISTANCE OF 119.69 FEET TO A 1/2" CAPPED REBAR (CA-17836-LS); THENCE RUN SOUTH 01°03'54" WEST, A DISTANCE OF 625.87 FEET TO THE POINT OF BEGINNING.

 

                     Section 3.                     Petitioner requested zoning as R-ID (Residential Single Family) for all parcels. 

 

                     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.