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Home My WebLink AboutO-1801.5 l "O � � a: -:,-� Q) w (/) !:!:! � (.)'9) .D a: ;::, I/} ::, ::J (7) --4 (L 8 0 -w t CJ: 0 a.. ):.I' �i� o <X:c � u. 0 -e 0 J 212945 7 l�r�BALDWIN COUNTY, ALABAMA l!lmHARRY D'OLIVE, JR. PROBATE JUDGE Filed/cert. 06/14/2024 08:43 AM TOTAL $28.00 6 Pages ORDINANCE NO. 1801 AN ORDINANCE TO APPROVE THE ANNEXATION OF TERRITORY WITHIN THE CITY LIMITS OF THE CITY OF FAIRHOPE, ALABAMA (BALDWIN COUNTY COMMISSION) WHEREAS, 2nd Street from Chapman Street south approximately 2,100 feet to the end of right of way, 3 rd Street from Adams Street south approximately 2,800 feet to the end of right-of-way, Ledyard Street from Main Street to U.S. Highway 98, Taylor Street from Yd Street to U.S. Highway 98, Chapman Street from 2nd Street to U.S. Highway 98, and Adams Street from 3 rd Street to U.S Highway 98, are rights-of-way inside or abutting the corporate limits of the City of Fairhope ( collectively described herein as the "Fairhope Roads"); and WHEREAS, an accurate description of the Fairhope Roads, together with a map thereof showing their relationship to the corporate limits of the City of Fairhope, is attached hereto as Exhibit "A" and incorporated herein; and WHEREAS, some portions of the Fairhope Roads have been Countymaintained streets for a period of at least one (1) year prior to the effective date of this instrument; and WHEREAS, the character and nature of the Fairhope Roads varies, as certain portions are either (i) maintained by the City of Fairhope, (ii) bounded on both sides by the corporate limits of the City of Fairhope as a result of annexation of territory after July 7, 1995, (iii) bounded on one side by the corporate limits of Fairhope, or (iv) located within the City of Fairhope but responsibility is vested in the County; and WHEREAS, due to the varying nature and character of the Fairhope Roads, the City of Fairhope shall assume maintenance of the County-maintained asphalt streets of3 rd Street as shown on Exhibit "A" as it currently lies; and WHEREAS, the City of Fairhope desires to annex and assume responsibility for the Fairhope Roads in order to facilitate the orderly development and maintenance of this area and its corporate limits; and WHEREAS, in order to accomplish the City of Fairhope's desire to annex and assume responsibility for the Fairhope Roads in accordance with Code of Alabama, §11-49-80(b), (c) and (d), the Baldwin County Commission passed aresolution on September 20, 2022, authorizing the annexation and transfer of responsibility for the Fairhope Roads to the City of Fairhope, a copy of which is attached hereto as Exhibit "B"; and WHEREAS, said resolution did petition the City of Fairhope for annexation and contained the signature of the owner of the described territory and a map of the Fairhope Roads showing their relationship to the corporate limits of the City of Fairhope; and � Ordinance No. 1801 Page -2- WHEREAS, the City Council of the City of Fairhope has determined that it is in the public interest that the Fairhope Roads be annexed into the City of Fairhope and that all legal requirements for annexing the Fairhope Roads have been met pursuant to Code of Alabama, §§11-42-20 to 24. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF FAIRHOPE, ALABAMA, AS FOLLOWS: Section 1. The City Council of the City of Fairhope, Alabama, finds and declares as the legislative body thereof that it is in the best interest of the citizens of the City, and the citizens of the affected area, to annex and bring the territory described herein as the Fairhope Roads into the corporate limits of the City of Fairhope, and to assume responsibility for those portions of the Fairhope Roads, if any, that are already within the corporate limits of the City of Fairhope pursuant to Code of Alabama, §§11-49-80(b), (c), and (d), and 11-42-20 to 24. Section 2. The boundary lines of the City of Fairhope, Alabama, be, and the same are hereby altered or rearranged so as to include all of the territory heretofore encompassed by the corporate limits of the City of Fairhope, Alabama, and in addition thereto the following described territory, to-wit: A part of Grant Section 43, Township 5 South, Range 2 East and part of the west one half of Section 32, Township 5 South, Range 2 East, Baldwin County, Alabama and being more fully described as follows: 2nd Street from the north intersection of 2nd Street and Chapman Street, thence run southerly to approximately 663 feet south of Ledyard Street. 3rd Street from north intersection of Adams Street, thence run southerly approximately 2,800 feet to the end of said right of way. Ledyard Street from· the east right of way line of Main Street, thence run easterly approximately 1,795 feet to the west right of way line of US Highway 98, Taylor Street from the east right of way line of 3rd Street, thence run easterly approximately 535 feet to the west right of way line of US Highway 98. Chapman Street from the east right of way line of 2nd Street, thence run easterly approximately 1,335 feet to the west right of way line of US Highway 98. Adams Street from the east right of way line of 3rd Street, thence run easterly approximately 620 feet to the west right of way line of US Highway 98. Said right of way set out in Deed Book E, page 388 in the Probate Records, Baldwin County, Alabama. Section 3. The territory described in this ordinance shall become a part of and lie within the corporate limits of the City of Fairhope, Alabama, upon publication of this ordinance. Section 4. To the extent that portions of the Fairhope Roads, if any, are already within the corporate limits of the City of Fairhope, but responsibility is vested in the County, the City of Fairhope hereby assumes responsibility of said portions of the Fairhope Roads pursuant to Code of Alabama, § 11-49-80(b ), in addition to their annexation or re-annexation as described herein. In accordance with Code of Alabama, § 11-49-81, the City of Fairhope' s assumption of responsibility for the Fairhope Roads is in exchange for the payment of One Exhibit A Tr ansfer of Maintenance Agreement man Strey 2,100 ft 0 350 700 1,050 1,400 Feet A part of Grant Se ction 43, Township 5 South,Range 2 East and part of the we st one half of Se ct ion 32, Township 5 South,Range 2 East, Baldwin County, Alabama an d being mo re fully described as follo ws: 2nd Street from the north int ersection of 2nd street and Chapman Street,thence run southerly to ap proximately 663 feet ii I so uth of Ledyard Street. 3rd Street from north int ersec tion of Adams Street, thence run (J I so ut herly ap proximat ely 2,800 feet to the end---of said right of way . Ledyard Street from the east right of way line of Main Stre et, thence runeasterly approximately 1,795 feet to the west righ t of way line of US Highway 98, Ta ylor St reet from the east right of way line of 3rd St reet, thence run easterly approximately 535 feet tot he we st right of way li ne of US Highway 98. Cha pman Street from the east rig ht of wayline of 2nd Street, thencerun easterly ap proximately 1,3 35 feet to th e west right of way line of US Highway 98. Adams Street fromthe east right of way li ne of 3r d Street, thence run easterly appro ximate ly 62 0 feet to the west right of way line of US Highway 98. Said right of way set out in Deed Book E, page 388, To wn of Montrose, as recorded in the Probate Rec ords, Baldwin County, Alabama. D Fairhope -us HWYS -- 911 Roads County Maintained Roads =-==-Paved Exhibit B nd rd nd rd WHEREAS, the City of Fairhope desires to take over sole and exclusive ownership, control, management, supervision, regulation, repair, maintenance, improvement, and responsibility for the Fairhope Roads in order to facilitate the orderly development and maintenance of this area in its corporate limits. NOW, THEREFORE, BE IT RESOLVED by the Baldwin County Commission as follows: Section l. That the Baldwin County Commission hereby consents to and petitions for the annexation of the Fairhope Roads by the City of Fairhope pursuant to Code of Alabama, §§ l l -49- 80(c), and (d) and 11-42-20 to 24. Section 2. That the Chairman of the Baldwin County Commission and other appropriate County officials are hereby authorized to execute and deliver such documents or agreements to the City of Fairhope as are necessary or requested to carry out the intent of this Resolution. Section 3. To the extent that portions of the Fairhope Roads, if any, are already located within the corporate limits of the City of Fairhope, but responsibility is vested in the County, the Baldwin County Commission hereby consents to the assumption of responsibility of said portion or portions of the Fairhope Roads by the City of Fairhope, pursuant to Code of Alabama, § I 1-49- 80(6), in addition to their annexation or re-annexation as described herein. In accordance with Code ofA/abama, § 11-49-81, the City of Fairhope's assumption ofresponsibi lity for the Fairhope Roads is in exchange for the payment of One Hundred Dollars ($100.00) from the County. The 13aldwin County Commission and the City ofFairhope agree that said consideration is a reasonable charge for being relieved of the burden of the control, management, supervision, repair, maintenance and improvement of the roads described herein. Section 4. lf any part, section or subdivision of this Resolution shall be held to be illegal, invalid or unenforceable for any reason, such holding shall not be held or construed to invalidate or impair the remaining provisions of this Resolution which shall continue in full force and effect notwithstanding such holding. AD�TED and APPROVED by the County Commission of Baldwin County, Alabama, on the _d£.f_ day of S-t.+>�huL , 2022. • ·•·\\l'. �,. ,, '. . () '' ,fr • • • • • • I .I': .... .. . � ... ii • •• ,,, : . .· -·-::..... .:" ·. -�� ,-. · .... :'"' . �--• \, ,,_of-." • .,.. : • . . ' ' : 1\ •. \ • z - ,,.. • . ... �·r· .· j� • � _.eaO. ., ,: • • ... ' -. ;·-• • ' ': I . • ..: �';:': ..... ,.� .. �- By: ��MISSION Its: nm