NOTICE OF APPOINTMENT

ESTATE OF BOBBY JOE HINKLE, DECEASED

COURT OF PROBATE

Letters Testamentary of said deceased having been granted to the undersigned on the 6th day of November, 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 6th day of November, 2013.

DEBORAH NORRED BEASLEY

Legal run on 11/15/13, 11/22/13 and 11/29/13

 

ForeSite Services, LLC is proposing to install a lattice telecommunications tower off of County Road 138 in Opelika, Lee County, Alabama 36804 at latitude 32° 31’ 35.6” north and longitude 85° 17’ 9.4” west.  The height of the tower will be 94.5 meters above ground level (270.2 meters above mean sea level).  The tower is anticipated to have steady red lights, FAA Style E (L-864/L-865-/L-810).  Specific information regarding the project is available by calling Henry Fisher during normal business hours at (205) 629-3868.  Any interested party may submit comments by December 27, 2013 with Environmental Engineers, Inc. at 1345 Blair Farms Road, Odenville, AL 35120 for comments on the impact of the proposed action on any districts, sites, buildings, structures, or objects significant in American history, archaeology, engineering, or culture that are listed or determined eligible for listing in the National Register of Historic Places under National Historic Preservation Act Section 106.  Interested persons may review the application for this project at www.fcc.gov/asr/applications by entering Antenna Structure Registration (Form 854) file no. A0864258.  Interested persons may raise environmental concerns about the project under the National Environmental Policy Act rules of the Federal Communications Commission, 47 CFR § 1.1307, by notifying the FCC of the specific reasons that the action may have a significant impact on the quality of the human environment.  Requests for Environmental Review must be filed within 30 days of the date that notice of the project is published on the FCC’s website and may only raise environmental concerns.  The FCC strongly encourages interested parties to file Requests for Environmental Review online at www.fcc.gov/asr/environmentalrequest, but they may be filed with a paper copy by mailing the Request to FCC Requests for Environmental Review, Attn: Ramon Williams, 445 12th Street SW, Washington, DC 20554.  A copy of the Request should be provided to Environmental Engineers, Inc. at 1345 Blair Farms Road, Odenville, Alabama 35120.

Legal run 11/22/13

 

ForeSite Services, LLC is proposing to install a lattice telecommunications tower near 16671 Alabama Highway 51 in Opelika, Lee County, Alabama 36804 at latitude 32° 25’ 41.1” north and longitude 85° 21’ 11.3” west.  The height of the tower will be 79.2 meters above ground level (212.2 meters above mean sea level).  The tower is anticipated to have steady red lights, FAA Style E (L-864/L-865-/L-810).  Specific information regarding the project is available by calling Henry Fisher during normal business hours at (205) 629-3868.  Any interested party may submit comments by December 27, 2013 with Environmental Engineers, Inc. at 1345 Blair Farms Road, Odenville, AL 35120 for comments on the impact of the proposed action on any districts, sites, buildings, structures, or objects significant in American history, archaeology, engineering, or culture that are listed or determined eligible for listing in the National Register of Historic Places under National Historic Preservation Act Section 106.  Interested persons may review the application for this project at www.fcc.gov/asr/applications by entering Antenna Structure Registration (Form 854) file no. A0864261.  Interested persons may raise environmental concerns about the project under the National Environmental Policy Act rules of the Federal Communications Commission, 47 CFR § 1.1307, by notifying the FCC of the specific reasons that the action may have a significant impact on the quality of the human environment.  Requests for Environmental Review must be filed within 30 days of the date that notice of the project is published on the FCC’s website and may only raise environmental concerns.  The FCC strongly encourages interested parties to file Requests for Environmental Review online at www.fcc.gov/asr/environmentalrequest, but they may be filed with a paper copy by mailing the Request to FCC Requests for Environmental Review, Attn: Ramon Williams, 445 12th Street SW, Washington, DC 20554.  A copy of the Request should be provided to Environmental Engineers, Inc. at 1345 Blair Farms Road, Odenville, Alabama 35120.

Legal run 11/22/13

 

ORDINANCE NO.  121-13

BE IT ORDAINED by the City Council of the City of Opelika, Alabama, as follows:

Section 1.   That Section 5.7-11 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:

The following schedule of charges shall apply to all cemetery lots located in Evergreen Cemetery:

Charges for residents of Opelika:

Grave spaces: $750.00 per grave space.

Columbaria spaces: $750.00 per space.

Charges for nonresidents of Opelika:

Grave spaces: $1,500.00 per grave space.

Columbaria spaces: $1,500.00 per space.

Grave Opening and closing costs (residents and nonresidents):

Monday through Friday (before 4:00 p.m.): $450.00

Monday through Friday (after 4:00 p.m.): $550.00

Weekends: $550.00

Holidays: $600.00

Columbaria Opening and closing costs (residents and nonresidents):

Monday through Friday (before 4:00 p.m.): $225.00

Monday through Friday (after 4:00 p.m.):  $275.00

Weekends: $300.00

Holidays: $300.00

Section 2. That Section 5.7-12 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:

The following schedule of charges shall apply to all cemetery lots located in Garden Hills Cemetery:

Charges for residents of Opelika:

Grave spaces: $750.00 per grave space.

Grave spaces: $1,000.00 per grave space in sections 2, 6, 9, 18, 18-A, 19.

Columbaria spaces: $750.00 per space.

Charges for nonresidents of Opelika:

Grave spaces: $1,500.00 per grave space.

Grave spaces: $2,000.00 per grave space in sections 2, 6, 9, 18, 18-A, 19.

Columbaria spaces: $1,500.00 per space.

Grave Opening and closing costs (residents and nonresidents):

Monday through Friday (before 4:00 p.m.): $450.00

Monday through Friday (after 4:00 p.m.): $550.00

Weekends: $550.00

Holidays: $600.00

Columbaria Opening and closing costs (residents and nonresidents):

Monday through Friday (before 4:00 p.m.): $225.00

Monday through Friday (after 4:00 p.m.): $275.00

Weekends: $300.00

Holidays: $300.00

Section 3. That Section 5.7-13 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:

The following schedule of charges shall apply to all cemetery lots located in Rosemere Cemetery:

Charges for residents of Opelika:

No lots available.

Charges for nonresidents of Opelika:

No lots available.

Grave Opening and closing costs (residents and nonresidents):

Monday through Friday (before 4:00 p.m.): $450.00

Monday through Friday (after 4:00 p.m.): $550.00

Weekends: $550.00

Holidays: $600.00

Section 4.   That this ordinance shall become effective upon its adoption and publication as required by law.

Section 5.   That the City Clerk is hereby authorized and directed to publish this ordinance in the Opelika-Auburn News, a newspaper of general circulation in the City of Opelika, Lee County, Alabama.

ADOPTED AND APPROVED this the 19th day of November, 2013.

/s/ C. E. “Eddie” Smith, Jr.

PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA

ATTEST:

/s/ R. G. Shuman

CITY CLERK

TRANSMITTED TO MAYOR this the 20th day of November, 2013.

/s/ R. G. Shuman

CITY CLERK

ACTION BY MAYOR

APPROVED this the 20th day of November, 2013.

/s/ Gary Fuller

MAYOR

ATTEST:

/s/ R. G. Shuman

CITY CLERK

Legal run 11/22/13

 

NOTICE OF EXECUTION SALE

By virtue of a writ of execution dated the 23rd day of January, 2013 directed and delivered to me as Sheriff of the County of Lee and issued out of the Circuit Court of Lee County, Alabama on a judgment rendered in such Court on Court Action Number  CV2009-900306 on May 8, 2012 in favor of DONALD H. ALLEN DEVELOPMENT, INC., against KATHY MATHEWS for the sum of $1,580,136.99, I have heretofore on March 1, 2013, levied on all the right, title and interest of KATHY MATHEWS only in and to the following described real property situated in Lee County, Alabama, to-wit:

PARCEL ONE:

Commence at the Northeast corner of Section 25, Township 19 North, Range 25 East in Lee County, Alabama; thence run West for 249.3 feet; thence run south for 954.8 feet; thence run South 1 degree 15 minutes West for 140 feet to the point of beginning of the lot or parcel of land here to be described and conveyed; From said point of beginning thence South 88 degrees 19 minutes East for 209 feet to the westerly margin of the Ridge Grove Road; thence run South 1 degree 15 minutes West for 65 feet; thence run North 88 degrees 19 minutes West for 209 feet; thence run North 1 degree 15 minutes East for 65 feet to the said point of beginning; together with all improvements thereon and all appurtenances thereto appertaining.  The description of the parcel of land hereby described and conveyed is according to and as shown by the blueprint of the plat of a survey made by Ralph O. Bush, Surveyor, Reg. No. 1447, dated August 23, 1950, hereto attached, marked “Exhibit A” and made a part hereof, said parcel being designated on the attached plat as Lot No. 3.

PARCEL TWO:

Commence at the Northeast corner of Section 25, Township 19 North, Range 25 East, in Lee County, Alabama; thence run West for 249.3 feet; thence run South for 954.8 feet; thence run South 1 degree 15 minutes West for 70 feet to the point of beginning of the lot or parcel of land here to be described and conveyed; From said point of beginning thence run South 88 degrees 19 minutes East for 209 feet to the westerly margin of the Ridge Grove Road; thence run South 1 degree 15 minutes West for 70 feet; thence run North 88 degrees 19 minutes West for 209 feet; thence run North 1 degree 15 minutes East for 70 feet to said point of beginning; all according to and as shown by the blueprint of the plat of survey, signed by Ralph O. Bush, Surveyor, Reg. No. 1447, dated August 23, 1950, hereto attached and marked. “Exhibit A” and made a part hereof as Lot No. 2; and also together with all improvements on said parcel of land and all appurtenances thereunto appertaining.

PARCEL THREE:

Commence at the northeast corner of Section 25, Township 19 North, Range 25 East, in Lee County, Alabama; thence run West for 249.3 feet; thence run South for 954.8 feet to the point of beginning of the lot or parcel of land here to be described and conveyed; From said point of beginning thence run south 88 degrees 19 minutes East for 209 feet to the westerly margin of the Ridge Grove Road; thence run South 1 degree 15 minutes West for 70 feet; thence run North 88 degrees 19 minutes West for 209 feet; thence run North 1 degree 15 minutes East for 70 feet to the said point of beginning; all according to and as shown by the blueprint of the plat of survey, signed by Ralph O. Bush, dated August 23, 1950, attached hereto, marked. “Exhibit A” and made a part of this conveyance as Lot No. 1; together with all improvements to said parcel of land and all appurtenances thereto appertaining.

Parcels One, Two and Three are further described as Lots 4 and 5 of Block 101 of Chambers Map recorded in Plat Book 2, at Page 15 in the Office of the Judge of Probate of Lee County, Alabama and are also described as Parcel No. 43-08-07-25-1-001-011.000 according to the records of the Tax Assessor of Lee County, Alabama.

LESS AND EXCEPT:

A part of the NE1/4 of NE1/4, Section 25, T-19-N, R-25-E, identified as Tract No. 27 on Project No. STPOA-9059(1) in Lee County, Alabama and being more fully described as follows: commencing at the northeast corner of said NE1/4; thence southerly along the east line of said NE1/4 a distance of 288.927 meters, more or less, to the present west right-of-way line of North Donahue Drive and the point of beginning of the property herein to be conveyed that is westerly of and at right angles to the centerline of said project at Station 6+57.785; thence southerly along said west right-of-way line a distance of 35.901 meters, more or less, to a point on said west right-of-way line that is westerly of and at right angles to the centerline of said project at Station 6+20.380; thence westerly a distance of 7.935 meters, more or less, to a point that is 12.052 meters, more or less, westerly of and at right angles to the centerline of said project at Station 6+20.376; thence northerly a distance of 6.802 meters, more or less, to a point that is 13.000 meters westerly of and at right angles to the centerline of said project at Station 6+27.111; thence northerly a distance of 22.653 meters, more or less, to a point that is 14.000 meters westerly of and at right angles to the centerline of said project at Station 6+50.000; thence northerly a distance of 48.706 meters, more or less, to a point that is 12.000 meters westerly of and at right angles to the centerline of said project at Station 6+99.355; thence westerly a distance of 5.758 meters, more or less, to a point on said west right-of-way line that is westerly of and at right angles to the centerline of said project at Station 6+99.381; thence southerly along said west right-of-way line a distance of 42.447 meters, more or less, to the point of beginning and containing 0.060 hectare, more or less.

AND ALSO LESS AND EXCEPT:

Begin at the NE 1/4 of the Ne 1/4, Section 25, T-19N, R-25-E in Lee County, AL; thence Southerly along the East line of said NE 1/4 a distance of 288.927 meters more or less to a point on the Western ROW line of N Donahue Drive, which is West of and perpendicular to Station 6+57.785 (meters) in Project No STPOA-9059(1) of ALDOT.  Thence go N 88°27’58” E based on State Plane coordinates (Al E 0101 and NAD’83 the 1996 adjustment) for 6.184m to a Point of Beginning on the existing Centerline of the pavement (CL).  Thence go southward along said CL for a bearing of S 01°38’55” E for 30.855m to a point on the center of existing pavement.  Thence go S 01°31’44” E for 6.279m to a point on the Centerline of existing pavement which is the SE corner of the parcel being described.  Thence go S 87°44’02” W for 14.144m to a point which was a hub and tack located 12.052m more or less, and at right angles to the station line of the afore mentioned ALDOT project.   Thence northerly a distance of 7.0m more or less to a point that is 13.0m westerly of and at right angles to the project station 6+27.111; thence northerly a distance of 22.653m, more or less, to a point that is 14.0m westerly of and at right angles to the centerline of said project station 6+50.; thence northerly a distance of 48.7m, more or less to a point that is 12.0m westerly of and at right angles to project station 6+99.3.  This is the NW corner of the parcel being described.  Thence go N 86°03’18”E (all bearings based on State Plane, NAD’83 using Geodetic Monument H-429 a base point) for 5.844m to an iron pin marking the Old ROW, thence go N 89°53’51” E for 6.242m to the Centerline of the existing pavement at station 6+99.10 of the ALDOT project afore mentioned.  Thence go S 01°29’31” E for 41.10m to the Point of Beginning.  This tract is described for the purpose of clarifying ROW and contains 0.268 acres, more or less.

Public notice is hereby given that I, the undersigned, as Sheriff of Lee County, Alabama, will on the 16th of December, 2013 at 12:00 noon sell at public auction to the highest bidder, for cash, in front of the Lee County Courthouse located at 215 South 9th Street, Opelika, Alabama, all the right, title and interest of KATHY MATHEWS in and to the above described real property, to satisfy such execution, together with interest and costs thereon.

Dated this, the 5th of November, 2013.

/s/ Jay M. Jones

SHERIFF OF LEE COUNTY, ALABAMA

Legal run 11/22/13

 

NOTICE TO CREDITORS

ESTATE OF GLENN KERMIT MARSH, Deceased

PROBATE COURT

LEE COUNTY

CASE NO.: 2013-B-192

NOTICE TO CREDITORS

Take Notice that LETTERS TESTAMENTARY of said deceased have been granted to Russell Glenn Marsh on the 8th day of November, 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 the said estate are hereby required to present the same within time allowed by law or the same will be barred.

Russell Glenn Marsh

Legal run 11/22/13, 11/29/13 & 12/6/13

 

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

IN THE MATTER OF: The Adoption of: E.J.J. (DOB: 3-17-05) and C.M.J. (DOB: 11/29/06)

TO: Daniel Russ and Christopher Lloyd Oates

Take notice that Petitions for the Adoption of the children, E.J.J., a male child, born on the 17th day of March 2005 and C.M.J. a female child born the 29th day of November 2006 to Courtney Leigh Jones, in Montgomery, Alabama have been filed with this Court by David James Merritt and Heather Nicole Merritt. Notice is hereby given that a hearing on the Adoption Petition has been set for Thursday, the 16th day of January, 2014, at 2:30 p.m., at the Lee County Probate Court located at 215 South 9th Street, Opelika, Alabama. You may appear and show, why, if any reason the Petition for Adoption should not be granted. Your failure to answer or appear could result in said Petition being granted. You must respond in writing within (30) days of the last publication of this notice with counsel for said Petitioners, whose name and address are shown below, and with the Probate Court of the said Lee County, or appear on the date of the hearing set above to contest said petition.

BILL ENGLISH, Probate Judge

Margaret Ann Mayfield

Attorney for Petitioners

P.O.Box 809

Opelika, Alabama 36803

(334) 745-0333

Legal run on 11/8/13, 11/15/13, 11/22/13 and 11/29/13

 

SYNOPSIS OF ZONING NOTICE

The City Council of the City of Opelika will hold a public hearing on Tuesday, December 17, 2013, at 7:00 p.m. in the City Council Chambers of the Municipal Building, 204 S. 7th Street, Opelika, Lee County, Alabama, to consider the adoption of an ordinance to amend the Development Plan for Cannon Gate PUD.  The applicant, LCR Partners, LLC, has heretofore submitted to the City Council a proposed amended Development Plan for Lots A-1-2 and A-1-3 of Cannon Gate Subdivision.  The amended Development Plan for said lots A-1-2 and A-1-3 provides for the division of said lots into six (6) single family lots for single family detached residences.  The current Development Plan as approved by the City Council provides for the construction of two (2) triplex units on said lots.

Public Notice of this public hearing with insertion of the proposed ordinance was first published on November 15th , 2013 in the Opelika Observer.  This notice is given pursuant to Section 11-52-78 Code of Alabama (1975).

THIS NOTICE is given under my hand this the 22nd day of November, 2013.

/s/ R. G. Shuman

CITY CLERK OF THE CITY OF OPELIKA, ALABAMA

Legal run on 11/22/13

 

IN THE MATTER OF THE ESTATE OF ROBERT R. CASWELL, DECEASED.

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

Letters of Administration With The Will Annexed on the estate of said decedent having been granted to the undersigned on the 1st day of October, 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.

ROBERT H. PETTEY

Administrator Cum Testamento Annexo

Legal run on 11/15/13, 11/22/13 and 11/29/13