NOTICE OF PUBLICATION
Fictitious Parties A, B, and C, being any and all other persons, corporations, or other entities claiming any present, future, contingent, remainder, reversion, or other interest in the Property known as,
Commence at the Southeast corner of Section 26, Township 19 North, Range 25 East, thence South 89°44’26” West, a distance of 1091.44 feet to a point at the Southeast corner of the Auburn University Rapter Center; thence continue along the South line of Section 26, Township 18 North, Range 25 East South 89°24’02” West, a distance of 1595.69 feet to a found 3/4” open top iron pin at the Southwest corner of said Rapter Center; thence South 89°20’32” West, a distance of 1982.94 feet to a found iron pin by Barge Waggoner,Sumner and Canon (BWS&C) at the Southeast corner and the point of beginning of the parcel herein to be described: from this POINT OF BEGINNING, thence South 88°46’07” West, a distance of 79.81 feet to a point in the East right of way of Webster Roadin the cusp of a curve of said right or way; thence northeasterly along the East right of way of Webster Road a distance of 214.92 feet along the curve concave to the west, having a radius of 1079.94 feet and a central angle of 11°24’09” to a found iron pin; thence leaving said right of way South 00°27’03” East, a distance of 97.97 feet to a found iron pin (BWS&C); thence South 00°25’07” East, a distance of 100.10 feet to the point of beginning.
Said parcel contains 7,141 square feet, more or less.
whose whereabouts are unknown, must answer Industrial Development Board of the City of Auburn’s Complaint for Quiet Title within thirty (30) days from the last date of publication of this notice, or, thereafter, a judgment by default may be rendered against them in Case No. CV 2013-900120, Circuit Court of Lee County, Alabama.
Legal run on 5/3/13, 5/10/13, 5/17/13 & 5/24/13
NOTICE OF APPOINTMENT
COURT OF PROBATE
ESTATE OF JUDITH ANN SCHNARR, DECEASED.
Letters Testamentary of said deceased having been granted to the undersigned on the 2nd day of May, 2013, by the Hon. Bill English, Judge of the Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
Witness our hands, and dated this the 2nd day of May, 2013.
/s/: James D. Schnarr
Legal run on 5/10/13, 5/17/13 & 5/24/13
NOTICE TO CREDITORS
PROBATE COURT LEE COUNTY CASE NO: 3013-A-166
ESTATE OF ALLIE CLEVELAND HARRISON, Deceased.
NOTICE TO CREDITORS
Take notice that Letters Testamentary of said deceased having been granted to Lee Cleveland Harrison on the 29th day of April, 2013, by the Honorable Bill English, Judge of the Probate Court of Lee County, Alabama.
Notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
/s/: Lee Cleveland Harrison
Legal run on 5/17/13, 5/24/13 & 5/31/13
NOTICE TO CREDITORS
PROBATE COURT OF LEE COUNTY
ESTATE OF LEWIS WESLEY MCKINSTRY, DECEASED.
Notice to Creditors
Take notice that Letters Testamentary of said deceased having been granted to Melissa L. Allen on the 17th day of April, 2013, by the Honorable Bill English, Judge of the Probate Court of Lee County, Alabama.
Notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
/s/: Melissa L. Allen
Personal Representative
Legal run on 5/17/13, 5/24/13 & 5/31/13
IN THE MATTER OF THE ESTATE OF IN THE PROBATE COURT OF DOSS JACKSON RICE, DECEASED.
LEE COUNTY, ALABAMA
Letters Testamentary on the estate of said decedent having been granted to the undersigned on the 30th day of April, 2013, by the Hon. Bill English, Judge of the Probate Court of Lee County, Alabama, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
DEBRA RICE JACKSON Personal Representative
Legal run on 5/17/13, 5/24/13 & 5/31/13
IN THE MATTER OF THE ESTATE OF IN THE PROBATE COURT OF BETTY P. RICE, DECEASED. LEE COUNTY, ALABAMA
Letters Testamentary on the estate of said decedent having been granted to the undersigned on the 8th day of May, 2013, by the Hon. Bill English, Judge of the Probate Court of Lee County, Alabama, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
DEBRA RICE JACKSON
Personal Representative
Legal run on 5/17/13, 5/24/13 & 5/31/13
ORDINANCE NO. 105-13
ORDINANCE APPROVING THE LEASING OF THE PROPERTY LOCATED AT 601 AVENUE A TO OPELIKA CHAMBER OF COMMERCE
BE IT ORDAINED by the City Council of the City of Opelika, Alabama as follows:
Section 1. It is hereby established and declared that the following described property of the City of Opelika located at 601 Avenue A in Opelika, Alabama is no longer needed for public or municipal purposes:
Lot 3-B in Block Number 13 of Grant Survey in the City of Opelika, Alabama, known as the Whitfield house and lot and further described as beginning at the
North corner of said block at the intersection of Avenue A and 6th Street, thence running Southwesterly along the line of said Avenue A for 115 feet; thence running Southeasterly at right angles for 200 feet, more or less, to the point beginning, fronting 115 feet on Avenue A and 200 feet on 6th Street, being the same and identical property described and conveyed in Warrant Deed dated
February 5, 1904, from L. B. Whitfield and wife Willie Vandiver Whitfield, to Lum Duke, of record in Deed Book 60, at page 552 in the office of the Judge of Probate of Lee County, Alabama.
Section 2. The City of Opelika having received an offer from Opelika Chamber of Commerce, a non-profit corporation, to lease said property located at 601 Avenue A, Opelika, Alabama it is hereby declared to be in the best interest of the public and the City of Opelika, Alabama to lease said property to Opelika Chamber of Commerce, for a term of three (3) years, commencing June 1, 2013.
Section 3. The proposed Lease Agreement to be entered into between the City of Opelika, and Opelika Chamber of Commerce, a copy of which is attached hereto as Exhibit “A”, is hereby approved, authorized, ratified and confirmed.
Section 4. Pursuant to the authority granted by §11-47-21 of the Code of Alabama, 1975, the Mayor of the City of Opelika, Alabama, is hereby authorized and directed to execute said Lease Agreement in the name of and on behalf of the City of Opelika, and the City Clerk is hereby authorized and directed to attest said Lease Agreement.
Section 5. This ordinance shall become effective immediately upon its adoption and publication as required by law.
Section 6. The City Clerk of the City of Opelika is hereby authorized and directed to cause this ordinance to be published one (1) time in a newspaper published in and of general circulation in the City of Opelika, Alabama.
ADOPTED AND APPROVED this the 7th day of May, 2013.
/s/ C. E. “Eddie” Smith, Jr.
PRESIDENT OF THE CITY COUNCIL CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ R. G. Shuman
CITY CLERK
TRANSMITTED TO MAYOR this the 8th day of May, 2013.
/s/ R. G. Shuman CITY CLERK
ACTION BY MAYOR
APPROVED this the 8th day of May, 2013.
/s/ Gary Fuller
ATTEST: MAYOR
/s/ R. G. Shuman
CITY CLERK
Legal run once on 5/24/13
STATE OF ALABAMA LEASE AGREEMENT
LEE COUNTY
THIS Lease Agreement is made and entered into this the 8th day of May, 2013, at Opelika Alabama, by and between the City of Opelika, Alabama, a Municipal Corporation, hereinafter referred to as “Lessor”, and the Opelika Chamber of Commerce, a non-profit corporation, hereinafter referred to as “Lessee”.
ARTICLE I
PROPERTY LEASED
Lessor hereby leases to Lessee, and Lessee leases from Lessor, that certain property
hereinafter called the “Leased Premises”, situated in Opelika, Lee County, Alabama, and described as follows:
Lot 3-B in Block Number 13 of Grant Survey in the City of Opelika, Alabama, known as the Whitfield house and lot and further described as beginning at the
North corner of said block at the intersection of Avenue A and 6th Street, thence running Southwesterly along the line of said Avenue A for 115 feet; thence running Southeasterly at right angles for 200 feet, more or less, to the point beginning, fronting 115 feet on Avenue A and 200 feet on 6th Street, being the same and identical property described and conveyed in Warrant Deed dated
February 5, 1904, from L. B. Whitfield and wife Willie Vandiver Whitfield, to
Lum Duke, of record in Deed Book 60, at page 552 in the office of the Judge of
Probate of Lee County, Alabama.
ARTICLE II
RENT
Lessee shall pay Lessor monthly rental in the sum of five hundred dollars ($500) payable in advance on the 15th day of each month beginning June 15, 2013 and continuing on the 15th day of each month thereafter until the termination of the tenancy.
ARTICLE III
LEASE TERM
This lease shall be for a term of three (3) years commencing on June 1, 2013 and expiring at 12:00 Midnight on May 31, 2016 and shall continue on a month to month basis thereafter, unless Lessor or Lessee terminates lease by the giving a 30-day written notice to the other party. Lessor retains the right to negotiate the terms of this lease at the conclusion of the three-year period or at any time thereafter.
ARTICLE IV
USE
Lessee agrees to use the Leased Premises only as an office for the Opelika Chamber of Commerce and to provide office space for Auburn Opelika Tourism Bureau and Keep Opelika Beautiful. Lessee agrees not to alter or make additions to the Leased premises without Lessor’s written consent. Lessee agrees not to do or to permit any act or practice injurious to the building, which may be unreasonably disturbing to other residents, which may affect the insurance risk factor on the building, or which law may otherwise prohibit.
ARTICLE V
UTILITIES
Lessee shall during the term hereof pay all charges for utility services, including electricity, water, telecommunications and natural gas used in or on the Leased Premises and for the removal of rubbish and garbage therefrom.
ARTICLE VI
REPAIRS
Lessor shall maintain the Leased Premises in condition fit for their intended use and shall make all necessary repairs except as follows:
1. Lessee shall make all repairs of the Leased Premises occasioned by its negligent use of the Leased Premises.
2. Lessee shall at all times keep the Leased Premises in every part clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin.
3. Lessor shall keep the yards maintained and sidewalks free from all accumulations of trash, rubbish and garbage.
4. Lessee shall repair or replace broken or defective electrical fixtures.
5. Lessee shall maintain, repair or replace broken or defective plumbing fixtures including any clogged lines between the premises and the City collection point.
Lessor agrees to maintain the exterior of the building.
ARTICLE VII
INSURANCE
Lessor hereby agrees and covenants to maintain fire and extended coverage insurance on the Leased Premises and contents owned by it; Lessee shall insure only as its interest appears. Lessor agrees to procure and keep in force during the term of this lease, insurance covering the building and Lessor’s property. Lessor’s insurance coverage shall not be required to cover any of Lessee’s property and Lessee shall not have any claim against any of the proceeds of Lessor’s coverage. Public Liability and Property damage insurance: Lessee agrees and covenants to provide and keep in force such general comprehensive public liability and property damage insurance for the Premises with limits of not less than $1,000,000 for injury or death to any one person and $1,000,000 for injury or death for any one accident, together with $50,000 for damage to property, such insurance to insure Lessor and Lessee. Lessee hereby covenants that no policy to be provided by it hereunder shall be subject to cancellation or modification except after thirty (30) days prior written notice to Lessor and each policy shall so provide
ARTICLE VIII
ASSIGNMENT AND SUBLEASE
Lessee agrees not to assign or sublet the Leased Premises, nor any part thereof without the written consent of the Lessor.
ARTICLE IX
WASTE AND NUISANCE
Lessee shall not commit, or suffer to be committed, any waste on the Leased Premises, nor shall it maintain, commit, or permit the maintenance or commission of any nuisance on the Leased Premises or use the Leased Premises for any unlawful purpose.
ARTICLE X
INDEMNIFICATION
(a) Lessee agrees to indemnify and hold Lessor harmless from all suits, actions, damages, liability, and expenses in connection with loss of life, bodily or personal injury or property damage (and each and all of them) arising from or out of any occurrence in, upon, or from the Premises or any part thereof or occasioned wholly or in part by any act or omission of Lessee, its agents, contractors, employees, servants, invitees or licensees.
(b) Lessor agrees to indemnify Lessee and save Lessee harmless from all suits, actions, damages, liability and expenses in connection with loss of life, bodily or personal injury or property damages (and each and all of them) arising from or out of any occurrence in, upon, or from the Premises or any part thereof or occasioned wholly or in part by any act or omission of Lessor, its agents, contractors, employees, servants, invitees or licensees.
ARTICLE XI
TAXES
Lessee shall pay all taxes due to any governmental agencies as due and shall assess said property for ad valorem taxes within the time prescribed by law.
ARTICLE XII
REMEDIES FOR DEFAULT
If Lessee shall fail to pay rent or any other sum to Lessor when due, shall default in any other provision of this lease or shall abandon the premises, Lessor, in addition to all other remedies provided either at law or in equity, may avoid and terminate this lease and re-enter into possession of the premises.
ARTICLE XIII
ATTORNEY’S FEES
Lessor shall be entitled to recover reasonable attorney’s fees and costs in connection with any action or proceeding to enforce this lease, or otherwise secure any rights due it under this lease or may be accorded by law.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this the 8th day of May, 2013
CITY OF OPELIKA
BY: /s/ Gary Fuller
GARY FULLER, ITS MAYOR
ATTEST:
/s/ R. G. Shuman
CITY CLERK
OPELIKA CHAMBER OF COMMERCE A NON-PROFIT CORPORATION
BY: /s/ Barbara Patton
ATTEST:
/s/ R. G. Shuman
Legal run once on 5/24/13
INVITATION TO BID
BID #B13-037
Sealed bids for the construction of SECOND AVENUE / THIRD STREET INTERSECTION IMPROVEMENTS
will be received at the Opelika City Hall Conference Room, 204 South Seventh Street, Opelika, Alabama, until 2:00 p.m., local time on Monday, June 10, 2013, and then publicly opened and read aloud. All interested parties are invited to attend. Only bids from competent general contractors will be considered. At the time of contract award, the successful bidder must be a properly-licensed general contractor.
The work includes the construction of a 180-foot long right-turn lane with curb and gutter, drainage inlets and culverts, and the demolition of the in-place roadway and drainage structures with all trades incorporated in the general contract and a cost range of $100,000 to $200,000.
Drawings and Specifications may be examined at the Office of the Purchasing Agent at 204 South 7th Street and the Office of the City Engineer at 700 Fox Trail.
Bid documents may be purchased from the Office of the City Engineer upon payment of $15.00 per set.
The bidder’s proposal must be submitted on the complete original proposal furnished him/her by the City of Opelika. All information in the proposal must be completed by the bidder for the proposal to be accepted.
A Bid Bond in the amount of five (5) percent of the bid amount (maximum amount: $10,000) made payable to the City of Opelika must accompany each bid. Performance and Payment Bonds for the full contract sum will be required of the successful bidder. The right is reserved by the Owner to reject all Bids and to waive irregularities.
LILLIE FINLEY, PURCHASING AGENT
CITY OF OPELIKA
204 SOUTH SEVENTH STREET (36801)
POST OFFICE BOX 390 (36803-0390)
OPELIKA, ALABAMA
PH: (334) 705-5120
Legal run once on 5/24/13
STATE OF ALABAMA LEE COUNTY
A petition has been filed in the Office of the Judge of Probate for Summary Distribution of the Estate of JIMMY L. ROBINSON, deceased by MARY JO COOPER pursuant to the Code of Alabama 43-2-690. Notice is hereby given that all persons having claims against said estate are hereby required to present the same within the time allowed by law or the same will be barred.
Done this the 24th day of September, 2009.
/s/: Bill English, Judge of Probate
Legal run on 5/24/13, 5/31/13 & 6/7/13
IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA FAMILY COURT DIVISION: JUVENILE
JU-2011-341.02
In the matter of: J.L.B. (DOB: August 29, 2011)
A minor child under the age of 19 years
NOTICE OF PETITION FILED AND SERVICE BY PUBLICATION
Notice to: Jason Moore, an alleged biological father of J.L.B. and any possible unknown alleged fathers of J/L/B. born on the 29th day of August, 2011 at George H. Lanier Memorial Hospital, Valley, Alabama to LAURA NICOLE GOINS. The Temporary Care, Custody and Control of the minor child J.L.B. was vested with the Lee County Department of Human Resources in September of 2011. JASON MOORE and any unknown alleged fathers of J.L.B. must answer the Petition for Termination of Parental Rights filed in the Family Court of Lee County, Alabama by Lee County DHR, within fourteen (14) days from the last date of Publication of this notice, or a final judgement may be rendered in Juvenile Case Number JU-2011-341.02 in the Family Courtroom of Lee County, Alabama terminating your personal rights and possibly result in placing said child for adoption.
/s/: Corrine Hurst CIRCUIT CLERK
Lee County Justice Center 2311 Gateway Drive Opelika, AL 36801
Hon. Margaret A. Mayfield Attorney for Lee County DHR PO Box 809 Opelika, AL 36803 (334) 745-0333
Legal run on 5/24/13, 5/31/13, 6/7/13 & 6/14/13
NOTICE OF APPOINTMENT TO BE PUBLISHED BY ADMINISTRATOR OR EXECUTOR
PROBATE COURT
Estate of Richard T. Moreman, Deceased.
Letters Testamentary of said deceased having been granted to the undersigned on the 16th day of May, 2013, by the Hon. Bill English Judge of Probate of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
/s/: Julia C. Moreman
Executrix for the Estate of Richard T. Moreman
Legal run on 5/24/13, 5/31/13 & 6/7/13