HomeMy WebLinkAbout02-22-1993 Planning Commission Special Meeting MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday,
February 22, 1993 at 5:00 p.m. at the City Administration Building for
a special meeting.
Present: Chairman Richard Sanderson, members Jack Lucey, James P. Nix,
Cindy McBrearty, Maxwell Killoch, Tim Kant, David Bishop,
William Richmond.
Mr. Sanderson called the meeting to order and said that the meeting tonight
was called to consider a request by Burgess A. Thomasson for Thomasson
Trust A and Albert Ferdinand Thomasson, Trustee for Thomasson Trust B
who had presented a petition for annexation to the City. Mr. Sanderson
asked the Mayor to brief the Commission and he told of visit from Mr.
Thomasson and his subsequent request to annex their land into the city.
Bob had prepared a resolution which stated that the Planning Commission
had reviewed this request and recommended that it be forwarded on to
the council for further action with a recommendation for annexation.
Copy in minutes.
Mr. Sanderson called for a motion to adopt said resolution. Jack Lucey moved
to adopt resolution and recommend annexation approval to the City Council.
Cindy McBrearty seconded and motion carried unanimously. Zoning to be R-1
There being no further business, meeting was duly adjourned.
R E S O L U T I O N
WHEREAS. Thomasson Trust A and Thomasson Trust B, the
owners of those certain lands located on the west side
of U. S. Highway 98, which lands are more particularly
described and delineated in the owners Petition, a copy
of which is hereto attached, and;
WHEREAS, the Fairhope Planning Commission in special
session this date has reviewed the said petition, and;
WHEREAS, the Fairhope Planning Commission perceives the
annexation of said lands to the City to be wise,
expedient and necessary for the mutual benefit of both
the owners and the City;
NOW, THEREFORE, BE IT RESOLVED by the Fairhope Planning
Commission that the Commission's chairman be, and hereby
is, authorized to transmit this Resolution to the Fairhope
City Council as the Commission's recommendation that the
Council proceed forthwith -to adopt an Ordinance annexing
the said property to the City of Fairhope and, further,
that the Executive Secretary be, and hereby is, directed
to preserve a copy of this Resolution in the official
minutes of the Special Session of the Fairhope Planning
Commission convened at Fairhope City Hall at 5:00 p.m.
on the 22nd day of February 1993.
Adopted this the 22nd day of February 1993.
Richard L. Sanderson, Chairman
ATTEST: FAIRHOPE PLANNING COMMISSION
Cindy Mc rearty, Secretary
FAIRH PE -PLANNIW COMMISSION
f
u
ATE OF ALABAMA
PETITION FOR ANNEXATION
N COUNTY
We, the undersigned Petitioners, BURGESS ALFRED
SON, AS TRUSTEE OF THOMASSON TRUST "A" DATED DECEMBER 17,
976; and ALBERT FERDINAND THOMASSON, AS TRUSTEE OF THOMASSON
RUST "B" DATED DECEMBER 17, 1976, owners of the lands in fee
imple described in the attached Exhibit A, such property being
ithout the corporate limits of the City of Fairhope, Alabama, but
eing contiguous to the said corporate limits, and such property
of lying within the corporate limits or police jurisdiction of
ny other municipality, do, by these presents, hereby petition the
ity of Fairhope, a municipal corporation, that said property be
nnexed into the City of Fairhope, Alabama.
The subject land is delineated on the map attached
ereto as Exhibit B.
This Petition is filed under authority of Section 11-
2-21, Code of Alabama, 1975, as amended.
IN WITNESS WHEREOF, the Petitioners have caused these
7L
resents to be executed on this the /S- day of,February, 1993.
BUtgess Alfred Thomasson,
As Trustee of Thomasson Trust
"A" dated December 17, 1976
Albert Feir-dli-n—an--a Thomasson,
As Trustee of Thomasson Trust
"B" dated December 17, 1976
OWNERS - Parcels A, B and C,
Exhibit A
TE OF
NTY OF
I, )FSTHE4 /01 d ic4A M J. a Notary Public, in
and for said County in said State, ere y certify that Burgess
klfred Thomasson, whose name as Trustee of Thomasson Trust "A"
gated December 17, 1976, is signed to the foregoing instrument and
uho is known to me, acknowledged before me on this day that, being
Lnformed of the content: of the instrument, he, in his capacity as
said Trustee and with full authority, executed the same
voluntarily on the day the same bears date as and for the act of
,aid Trust.
Given under my hand and seal this / 5 day of February,
. 9 9 3 . cTAT OM
NOTARY PUBLIC, E��Flgrgc iau. 7;`0, Z � CQ/ �LC
BO D DMy J�THMISION
RUSNOTARY PCLLIC UND'•%FV1:te.r.:3.
NOTARY PUBLIC
Page 1
STATE OFF
I • .A W� lft\' a Notary Public, in
nd for said County in said State, hereby certify that Albert
erdinand Thomasson, whose name as Trustee of Thomasson Trust "B"
ated December 17, 1976, is signed to the foregoing instrument and
ho is known to me, acknowledged before me on this day that, being
nformed of the contents of the instrument, he, in his capacity as
aid Trustee and with full authority, executed the same
oluntarily on the day the same bears date as and for the act of
aid Trust.
L993. �
Given under my hand and seal this ��4-day of February,
NOT PUBLIC
his instrument prepared by:
ALLAN R. CHASON
)f the firm of CHASON & CHASON, P.C.
P. 0. Box 100
Bay Minette, Alabama 36507
Page 2
EXHIBIT A
TO
PETITION FOR ANNEXATION
BURGESS ALFRED THOMASSON, AS TRUSTEE OF
THOMASSON TRUST "A" DATED DECEMBER 17, 1976;
and ALBERT FERDINAND THOMASSON, AS TRUSTEE OF
THOMASSON TRUST "B" DATED DECEMBER 17, 1976,
Petitioners, --
CITY OF FAIRHOPE, a municipal corporation
PROPERTY DESCRIPTION
)ARCEL A: From the Southeast Corner of Section 32, Township 5
;out , Range 2 East, run North 88 degrees 07 minutes 43 seconds
lest, 2300.00 feet; thence run North 88 degrees 30 minutes 31
;econds West, 260.94 feet to an iron pin on the West right-of-way
)f U.S. Highway 98 (four lane), said point being on a curve to the
lorthwest having a radius of 59,906.90 feet and also the point of
)eginning; thence run Northwestwardly along the arc of said curve
117.13 feet to a concrete monument marked P. T. Station 164+74.95;
:hence run North 01 degrees 34 minutes 25 seconds West, 311.96
.eet to an iron pin on said right-of-way; thence run South 76
legrees 20 minutes 07 seconds West, 1056.99 feet to a concrete
ionument at the Northeast Corner of the John Forbes Grant Section
', Township 5 South, Range 2 East; thence run South 10 degrees 10
iinutes 08 seconds East, 354.47 feet to a concrete monument;
:hence run South 88 degrees 13 minutes 12 seconds East, 909.60
.eet to a concrete monument; thence run South 88 degrees 30
iinutes 31 seconds East, 73.39 feet to the point of beginning, in
ill containing 11.37 acres.
ARCEL B: From the Southeast Corner of Section 32, Township 5
orange 2 East,'run North 88 degrees 07 minutes 43 seconds
est, 1980.00 feet to an iron pin; thence run North 14 degrees 00
,inutes West, 769.34 feet to an iron pin; thence run South 76
egrees 20 minutes 07 seconds West, 425.09 feet to an iron pin on
he West right-of-way of U.S. Highway 98 (four lane) and the point
f beginning; thence along said West right-of-way, run North O1
egrees 34 minutes 25 seconds West, 313.83 feet to a concrete
ionument marked Station 171+00; thence run South 88 degrees 09
Minutes 41 seconds West, 20.00 feet to a concrete monument; thence
un North 01 degrees 26 minutes 02 seconds West, 299.79 feet to a
oncrete monument; thence run North 88 degrees 03 minutes 01
econds East, 10.00 feet to a concrete monument marked Station
74+00; thence run North 01 degrees 35 minutes 19 seconds West,
05.95 feet to a concrete monument marked P. C. Station 181+06.73
,hich is at the beginning of a curve to the left having a radius
f 6,745.49 feet; thence run Northwestwardly along the arc of said
urve 1,147.96 feet to an iron pin at right-of-way station
92+77.30; thence run North 13 degrees 53 minutes 52 seconds West,
15.66 feet to an iron pin; thence run South 76 degrees 00 minutes
'est, 626.85 feet to an iron pin; thence run South 14 degrees 00
iinutes East, 2,741.90 feet to an iron pin; thence run North 76
egrees 20 minutes 07 seconds East, 201.76 feet to the point of
,eginning; LESS AND EXCEPT the Eastwardly extensions of.Ledyard,
aylor and Chapman Streets as indicated by the plat of record of
he Village of Montrose as recorded in Deed Book "E", Page 388 of
he records of the Judge of Probate of Baldwin County, Alabama;
aid parcel containing 27.7 acres, exclusive of the aforementioned
treet extensions, 2.19 acres being in the extensions.
1PARCEL C: Lots 2 and 3 of Block One and all of Block 18 of the
IVi age of Montrose as per a plat thereof recorded in Deed Book
�''E", Page 388 of the records of the Judge of Probate of Baldwin
ounty, Alabama; in all containing 13.54 acres and being situated
n Section 32, Township 5 South, Range 2 East.
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I m I U. S. HWY 98 --- N ----
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ORDINANCE NO.
WHEREAS, Burgess Alfred Thomasson, as Trustee of Thomasson
Trust "A" dated December 17, 1976; and Albert Ferdinand
Thomasson, as Trustee of Thomasson Trust "B" dated
December 17, 1976, the owners
of the hereinafter described property, did, in writing,
the City of Fairhope, a municipal corporation, for
annexation under Section 11-42-21 of the Code of Alabama,
1975, as amended; and
WHEREAS, a map of said property is attached to said Petition
as an exhibit; NOW, THEREFORE
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that the following described property, lying conti-
guous to the corporate limits of the City of Fairhope, Alabama;
and not within the corporate limits or the police jurisdiction
of any other municipality; be and the same is hereby annexed
to the City of Fairhope, Alabama, to -wit:
PARCEL A: From the Southeast Corner of Section 32, T5S, R2E, run North 88007143"-W, 2300.00
ft; thence run North 88'30'31"-W, 260.94 ft to an iron pin on the West right-of-way of
US Highway 98 (four lane), said point being on a curve to the Northwest having a radius
of 59,906.90 ft and also the point of beginning; thence run Northwestwardly along the arc
of said curve 317.13 ft to a concrete monument marked P.T. Station 164+74.95; thence run
North 01'34125"-W, 311.96 ft to an iron pin on said right-of-way; thence run South
76020107"-W2 1056.99 ft to a concrete monument at the Northeast Corner of the John Forbes
Grant Section 7, T5S, R2E; thence run South 10'10'08"-E, 354.47 ft to a concrete monument;
thence run South 88'13112"-E, 909.60 ft to a concrete monument; thence run South 88030131"-E,
73.39 ft to the point of beginning, in all containing 11.37 acres.
PARCEL B: From the Southeast Corner of Section 32, T5S, R2E, run North 88'07'43"-W, 1980.00
ft to an iron pin; thence run North 14000'-W, 769.34 ft to an iron pin; thence run
South 76'20107"-W, 425.09 ft to an iron pin on the West right-of-way of US Highway 98 and
the point of beginning; thence along said West right-of-way, run North 01034125"-W, 313.83
ft to a concrete monument marked Station 171+00; thence run South 88'09141"-W, 20.00 ft
to a concrete monument; thence run North 01'26'02"-W, 299.79 ft to a concrete monument;
thence run North 88'03101"-E, 10.00 ft to a concrete monument marked Station 174+00; thence
run North 01'35'19"-W, 705.95 ft to a concrete monument marked P.C. Station 181+06.73 which
is at the beginning of a•curve to the left having a radius of 6,745.49 ft; thence run
Northwestwardly along the arc of said curve 1,147.96 ft to an iron pin at right-of-way
station 192+77.30; thence run North 13053152"-W, 315.66 ft to an iron pin; thence run
South 76000'-W, 626.85 ft to an iron pin; thence run South 14000'-E, 22741.90 ft to an
iron pin; thence run North 76020107"-E, 201.76 ft to the point of beginning; LESS AND EXCEPT
the Eastwardly extensions of Ledyard, Taylor and Chapman Streets as indicated by the plat
of record of the Village of Montrose as recorded in Deed Book "E", Page 388 of the records
of the Judge of Probate of Baldwin County, Alabama; said parcel containing 27.7 acres,
exclusive of the aforementioned street extensions, 2.19 acres being in the extensions.
PARCEL C: Lots 2 and 3 of Block One and all of Block 18 of the Village of Montrose as
per a plat thereof recorded in Deed Book "E", Page 388 of the records of the Judge of Probate
of Baldwin County, Alabama; in all containing 13.54 acres and being situated in Section
322 T5S, R2E.
BE IT FURTHER ORDAINED that a certified copy of this Ordinance,
with a copy of the Petition and the exhibit, be recorded
in the Office of the Probate Judge, Baldwin County, Alabama.
This Ordinance shall take effect immediately upon its due
adoption and publication as required by law.
ADOPTED THIS DAY OF , 1993.
James P. Nix, Mayor
City Clerk