IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA
CASE NO. : CV-2021-900166.00
MARSH REAL ESTATE INVESTMENTS, LLC, Plaintiff,
v.
A Parcel of Land Lying in Lee County, Alabama
More Particularly Described in Deed Book 2355 at Page 400 and Unknown Persons, Defendants.
NOTICE OF ACTION
To: All Defendants herein, whose whereabouts are unknown and which cannot be ascertained after the exercise of reasonable diligence.
You are hereby notified that on the 18th day of May 2021, a Bill to Quiet Title was filed in the Circuit Court of Lee County, Alabama, regarding the following described real property: Lot No. 2 in Block A of the Byrd Lands according to and as shown by Totten’s Real Estate Map of Opelika, Alabama 1930, and more particularly described as follows:
Commence at the intersection of the Northeasterly margin of Fourth Street with the Northwesterly margin of Avenue A, in the City of Opelika, Alabama, and run thence in a Northeasterly direction, along the Northwesterly margin of Avenue A, 100 feet to the point of Beginning of the lot here to be described and conveyed; from said Point of Beginning run thence in a Northwesterly direction parallel to Fourth Street, 200 feet; thence in a Northeasterly direction, parallel to Avenue A , 85 feet; thence in a Southeasterly direction, parallel to Fourth Street, 200 feet to the Northwesterly margin of Avenue A; thence in a Southwesterly direction, along the Northwesterly margin of Avenue A, 85 feet to the said Point of Beginning; together with all improvements thereon and all appurtenances thereunto appertaining. Said property is further described as being the identical property conveyed by Mrs. Esther S. Blanton, et als to Roy W. Odom and Eva D. Odom by deed dated September 24, 1949 of record in Deed book 322 on Page 68 in the Office of Judge of Probate of Lee County, Alabama.
All persons having an interest in said lands or any portion thereof, claiming any title thereto or any encumbrance or lien thereon, are hereby directed to plead, answer, or otherwise respond to the Complaint on or before the expiration of 30 days after the last publication of this notice, or thereafter suffer judgment by default to be rendered against them it being intended that this notice shall be used to perfect service against all parties who cannot be personally served with a copy of the Complaint.
Done this the 6th day of July 2021.
Mary Roberson
Circuit Court Clerk, Lee County
Benjamin H. Parr
830 Avenue A, Suite A
Opelika, Alabama 36801
Telephone Number: 334-749-6999
Fax: 334-203-1875
ben@benparrlaw.com
Legal Run 07/15/21, 07/22/21, 07/29/21 & 08/05/21
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NOTICE OF APPOINTMENT
ESTATE OF CLAUDIA W. EVANS, DECEASED
COURT OF PROBATE, LEE COUNTY
Letters Testamentary of said deceased having been granted to the undersigned on the 15th day o f July, 2021, by the Hon. Bill English, Judge of the Probate Court of Lee County, notice is hereby giben 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 15th day of July, 2021.
FORSON EVAN, JR.
Legal Run 07/22/21, 07/29/21 & 08/05/21
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NOTICE OF PUBLIC HEARING
OPELIKA CITY COUNCIL
August 17, 2021 7:00 P.M.
NOTICE IS HEREBY GIVEN in accordance with §23-4-2, Code of Alabama, 1975, that the City Council of the City of Opelika will conduct a Public Hearing during the regularly scheduled City Council meeting on Tuesday, August 17, 2021, beginning at 7:00 p.m. in the Courtroom of the Municipal Court Building, 300 Martin Luther King Boulevard, Opelika, Lee County, Alabama, to receive the benefit of public input concerning a proposal to vacate a portion of an unnamed street lying between Lots 5, 6 and 8A of a subdivision plat entitled “Revision of Lots 3,4, 8, 9, 10, 11, 12, 13, 14, 15 & 18, a re-subdivision of Lots 4 and 7 of Fox Run Industrial Park, First Revision First Addition”, according to and as shown on plat of said subdivision of record in Plat Book 20 at Page 89 in the Office of the Judge of Probate, Lee County, Alabama. All persons interested in the proposed vacation are invited to appear at the public hearing and express their views. Written statements or objections may be submitted to the City Clerk prior to the time of the hearing.
The portion of said unnamed street proposed to be vacated is more particularly described as follows:
LOTS 8A AND 9A, ACCORDING TO THE PLAT OF REVISION OF LOTS 3, 4, 8, 9, 10, 11, 12, 13, 14, 15 & 18 A RE-SUBDIVISION OF LOTS 4 & 7 FOXRUN INDUSTRIAL PARK, FIRST ADDITION, AS RECORDED IN THE OFFICE OF THE JUDGE OF PROBATE OF LEE COUNTY, ALABAMA IN PLAT BOOK 20, PAGE 89. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT A 1/2″ REBAR (CAPPED “15722”) FOUND AT THE SW CORNER OF LOT 8A OF SAID PLAT, SAID REBAR ALSO LYING ON THE EAST RIGHT OF WAY LINE OF AN UNNAMED ROAD (60 FEET IN-WIDTH RIGHT OF WAY); THENCE RUN NORTHERLY AND NORTHEASTERLY ALONG SAID RIGHT OF WAY LINE THE FOLLOWING THREE (3) COURSES: 1.) N00°05’40″W, A DISTANCE OF 205.58 FEET TO A 1/2″ REBAR (CAPPED “15722”) FOUND; 2.) ALONG A CURVE TO THE RIGHT (RADIUS= 150.00 FEET) A CHORD BEARING AND DISTANCE OF N28°34’21″E, 143.76 FEET TO A 1/2″ REBAR (CAPPED “15722”) FOUND; 3.) N57°12’47″E, A DISTANCE OF 160.39 FEET TO A 6″ x 6″ CONCRETE MONUMENT FOUND AT THE INTERSECTION OF SAID EAST RIGHT OF WAY LINE AND THE SOUTHWESTERLY RIGHT OF WAY LINE OF FOX RUN PARKWAY (U.S. HIGHWAY 431) (ALABAMA DEPARTMENT OF TRANSPORTATION PROJECT NO. OLB-041-000-001) (RIGHT OF WAY WIDTH VARIES); THENCE RUN SOUTHEASTERLY ALONG SAID WESTERLY RIGHT OF WAY LINE THE FOLLOWING THREE (3) COURSES: 1.) S32°49’21″E, A DISTANCE OF 171.84 FEET TO A 6″ x 6″ CONCRETE MONUMENT FOUND AT A RIGHT OF WAY FLARE; 2.) S44°08’51″E, ALONG SAID FLARE, A DISTANCE OF 101.65 FEET TO A 6″ x 6″ CONCRETE MONUMENT FOUND; 3.) S32°48’55″E, A DISTANCE OF 388.00 FEET TO A 1/2″ REBAR FOUND AT THE INTERSECTION OF SAID WESTERLY RIGHT OF WAY LINE AND THE NORTHWESTERLY RIGHT OF WAY LINE OF GREATER PEACE DRIVE (60 FEET IN-WIDTH RIGHT OF WAY); THENCE RUN S57°12’45″W, ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 262.95 FEET TO A 1/2″ REBAR FOUND; THENCE RUN SOUTHWESTER ALONG SAID RIGHT OF WAY LINE AND A CURVE TO THE RIGHT (RADIUS= 270.00 FEET) A CHORD BEARING AND DISTANCE OF S62°25’37″W, A DISTANCE OF 47.92 FEET TO A 1/2″ REBAR (CAPPED “11282”) FOUND; THENCE LEAVING SAID RIGHT OF WAY LINE RUN N31°32’31″W, A DISTANCE OF 339.52 FEET TO A 1/2″ REBAR FOUND; THENCE RUN S89°58’51″W, A DISTANCE OF 136.31 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND LIES IN THE SW 1/4 OF THE SE 1/4 OF SECTION 5, T19N, R27E, LEE COUNTY, ALABAMA, AND CONTAINS 4.79 ACRES, MORE OR LESS.
A copy of the Petition to Vacate and the proposed resolution approving the vacation will be available upon request at the office of the City Clerk, 1st Floor of City Hall, 204 South 7th Street, Opelika, Alabama.
Please contact Kevin Rice, the City’s ADA Coordinator, at 334-705-2083 at least two (2) working days prior to the meeting if you require special accommodations due to a disability.
DATED this the 22nd day of July, 2021.
/s/ Russell A. Jones
RUSSELL A. JONES, CITY CLERK
Legal Run 07/22/21, 07/29/21, 08/05/21 & 08/12/21
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IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA
Case No.: CV-2021-900126
JOHN L. BELFANCE, II and TINA L. BELFANCE,
Plaintiffs,
v.
Parcels of Real Property described as:
Lee County, Alabama Tax Parcels
43-12-08-28-0-000-002.031 and
43-12-08-28-0-000-002.044, said parcels
being legally described according to the
Legal Descriptions included herein,
And
Jewel V. Meeks, and/or the unknown heirs
Of Jewel V. Meeks,
And
David L. Allmond, and/or the unknown heirs
Of David L. Allmond,
And
Fictitious Defendants A, B, C, D, E, F & G,
Being Persons, Individuals, Firms, Associations,
Partnerships, Corporations or other Entities,
Whose names are otherwise unknown to the Plaintiff, but who claim interest in and to the above-captioned parcel of land, and whose correct names and legal identities will be added by Amendment when ascertained,
Defendants.
NOTICE OF ACTION
To: All Defendants herein, whose whereabouts are unknown and which cannot be ascertained after the exercise of reasonable diligence.
You are hereby notified that on the 21st day of April, 2021, a Complaint to Quiet Title was filed in the Circuit Court of Lee County, Alabama, and the following are the names of all parties to the action: John L. Belfance, II and Tina L. Belfance, as Plaintiffs; Jewell V. Meeks and/or the heirs of Jewell V. Meeks, and David L. Allmond and/or the heirs of David L. Allmond, and A Parcel of Real Property, described below, as Defendants; and unknown persons or entities who cannot be ascertained after the exercise of due diligence, and which are believed to have claimed some right, title, interest or claim in and to the property described as follows:
PARCEL ONE:
That certain lot, tract or parcel of land containing 16.439 acres located in Section 28, Township 19 North, Range 29 East, Lee County Alabama, more particularly described as follows:
Commence at an iron pin marking the Southeast corner of said Section 28 and run North 01 degree 05 minutes West along the East line of said Section 28 a distance of 2298.4 feet to iron pin found located on North right of way line of Lee Road 250 (f/k/a Bleecker-Riverview Road); thence run along the northerly margin of said Lee Road 250 as follows, to-wit: South 65 degrees 05 minutes West 209.6 feet to a concrete right of way monument (P.C.138+18.3); thence South 63 degrees 28 minutes West 40.2 feet to a concrete right of way monument (P.C. 138+40.6); thence South 61 degrees 22 minutes West 483.6 feet to a point; thence South 57 degrees 15 minutes West 409.8 feet to a point; thence South 53 degrees 45 minutes West 455.5 feet to the intersection of the East right of way line of Lee Road 435 and the North right of way line of Lee Road 2 50; thence continue southwesterly along the North right-of-way line of Lee Road 250 a distance of 60 feet, more or less, to its intersection with the West right of way line of Lee Road 435; thence leaving the right of way line of Lee Road 250 run North 21 degrees 15 minutes West along the West right-of-way line of Lee Road 435 a distance of 3796.3 feet to the iron pin marking the POINT OF BEGINNING; thence run South 68 degrees 45 minutes West 1960.0 feet to an iron pin located on an old abandoned road; thence run North 43 degrees 00 minutes West along said abandoned road 870.0 feet to an iron pin; thence run North 00 degrees 16 minutes East 257.7 feet to an iron pin on the Southeast margin of the former Chattahoochee Valley Railroad; thence run North 42 degrees 50 minutes East along said railroad margin 176.0 feet to a point located at the centerline of Wacoochee Creek; thence run along the centerline of Wacoochee Creek as follows, to-wit: South 35 degrees 19 minutes East 209.2 feet to a point; thence South 19 degrees 45 minutes East 531.0 feet to a point; thence South 45 degrees 15 minutes East 364.0 feet to a point; thence North 26 degrees 45 minutes East 506.0 feet to a point; thence North 83 degrees 13 minutes East 231.0 feet to a point; thence North 59 degrees 21 minutes East 102.0 feet to a point; thence North 78 degrees 49 minutes East 266.2 feet to a point; thence leaving the centerline of Wacoochee Creek run North 15 degrees 37 minutes West 59.7 feet to an iron pin; thence run South 68 degrees 45 minutes West 888.0 feet to an iron pin located on the West right of way line of Lee Road 435; thence run South 21 degrees 15 minutes East along said right-of-way line 250.0 feet to the iron pin marking the POINT OF BEGINNING.
SAVE AND EXCEPT THEREFROM: That portion of the above described property containing 3.09 acres, more or less, being more particularly described as follows; Commence at the intersection of the North right of way line of Lee Road 250 and the West right of way line of Lee Road 435 and run North 21 degrees 15 minutes West 3796.30 feet to an iron pin; thence run South 68 degrees 45 minutes 19 seconds West 285.59 feet to the iron pin marking the Point of Beginning; thence run South 68 degrees 45 minutes 19 seconds West 597.41 feet to an iron pin; thence run North 21 degrees 15 minutes West 224.92 feet to an iron pin; thence run North 68 degrees 45 minutes East 597.41feet to an iron pin; thence run South 21 degrees 15 minutes East 224.97 feet to the iron pin marking the Point of Beginning. Together with a perpetual, non-exclusive easement for ingress, egress and utilities running along the northernmost boundary of the above-described property to the West right-of-way line of Lee Road 435 as same is described in that certain deed dated December 11, 2001 recorded in the Office of the Judge of Probate of Lee County, Alabama in Deed Book 2215, Page 896. The description of this, save and except portion together with the easement for ingress, egress and utilities, is based on a survey prepared by Jack B. Shay, R.L.S., dated November 12, 2001.
Subject to easements and restrictions of record.
PARCEL TWO:
That certain lot, tract or parcel of land containing 3.09 acres located in Section 28, Township 19 North, Range 29 East, Lee County Alabama, more particularly described as follows:
Commence at the intersection of the North right of way line of Lee Road 250 and the West right of way line of Lee Road 435 and run North 21 degrees 15 minutes West 3796.30 feet to an iron pin; thence run South 68 degrees 45 minutes 19 seconds West 285.59 feet to the iron pin marking the Point of Beginning; thence run South 68 degrees 45 minutes 19 seconds West 597.41 feet to an iron pin; thence run North 21 degrees 15 minutes West 224.92 feet to an iron pin; thence run North 68 degrees 45 minutes East 597.41feet to an iron pin; thence run South 21 degrees 15 minutes East 224.97 feet to the iron pin marking the Point of Beginning. Together with a perpetual, non-exclusive easement for ingress, egress and utilities running along the northernmost boundary of the above-described property to the West right-of-way line of Lee Road 435 as same is described in that certain deed dated December 11, 2001 recorded in the Office of the Judge of Probate of Lee County, Alabama in Deed Book 2215, Page 896. The description of this, save and except portion together with the easement for ingress, egress and utilities, is based on a survey prepared by Jack B. Shay, R.L.S., dated November 12, 2001.
All persons having an interest in said lands or any portion thereof, claiming any title thereto or any encumbrance or lien thereon, are hereby directed to plead, answer, or otherwise respond to the Complaint on or before the expiration of 30 days after the last publication of this notice, or thereafter suffer judgment by default to be rendered against them, it being intended that this notice shall be used to perfect service against all parties who cannot be personally served with a copy of the Complaint.
Done this the 12th day of July, 2021.
/s/ Mary Roberson
Mary Roberson Circuit Court Clerk, Lee County
J. Brandon Rice
Of Counsel,
Davis, Bingham, Hudson & Buckner, P.C.
324 East Magnolia Avenue
Auburn, AL 36830
Legal Run 07/22/21, 07/29/21, 08/05/21 & 08/12/21
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CIRCUIT COURT OF LEE COUNTY, ALABAMA
FAMILY-JUNVENILE COURT
IN THE MATTER OF: J.M.B & J.A.B.-minor children
NOTICE TO: any unknown fathers of J.M.B. born 9/7/2005 & J.A.B. born 10/21/04 to Andrea Lynn Bearden at Southern Regional Medical Center in Riverdale, Clayton Co., GA. Custody of the minor children was vested with Lee County DHR on 2/16/2019. Any unknown fathers must answer the Petition to Terminate Parental Rights filed in the Family Court of Lee County, AL by Lee County DHR, within fourteen (14) days from the last date of publication of this notice, or a final judgment may be rendered in Cases JU-2018-504.02/505.02 in the Family Court of Lee Co., AL terminating all parental rights to the minor child.
Mary Roberson, CIRCUIT CLERK
Lee County Justice Center
2311 Gateway Dr. Opelika, AL 36801
Hon. Margaret A. Mayfield
Attorney for Lee County DHR
P.O. Box 809
Opelika, AL 36803
(334) 745-0333
Legal Run 07/15/21, 07/22/21, 07/29/21 & 08/05/21
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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: THE ESTATE OF WALLACE E. KILGO, JR., DECEASED
ESTATE NO.:2021-319
ORDER SETTING HEARING ON PETITION TO PROBATE A WILL AND APPOINT A GUARDIAN AD LITEM
A Petition to probate the will of the Estate of WALLACE E. KILGO, JR., deceased was filed in the Lee County Probate Office by Alfred Doug Davidson on May 28, 2021. It is hereby :
ORDERED by this Court that a hearing be set on this matter on the 8th day of September, 2021 at 9 o’clock a.m. central standard time.
It is further ORDERED by this Court that notice of this hearing be mailed or served on the following:
Hon. Zachary D. Alsobrook
114 N 9TH Street
Opelika, AL 36801
Julie Kilgo
2019 Lee Road 241
Salem, AL 36874
DONE this 1 6th day of July, 2021.
BILL ENGLISH
PROBATE JUDGE
Legal Run 07/29/2021, 08/05/2021 & 08/12/2021
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CITY OF OPELIKA
ZONING BOARD OF ADJUSTMENT
August 10, 2021
9:00 A.M.
MEETING CHAMBERS
OPELIKA MUNICIPAL COURT
300 MLK BOULEVARD
A. VARIANCE
Approval of the July 13, 2021 Zoning Board of Adjustment Minutes.
William Reason, dba Certified Lighting, 2950 Pepperell Parkway, Requesting a 2.0 footcandle variance from the 0.3 footcandle maximum brightness allow at the property line for an internally lighted sign. (This item tabled at July 13th BZA meeting.)
RaceTrac Petroleum, Inc., 1109 Columbus Parkway, Requesting a 3.5% variance from the 70% maximum Impervious Surface Ratio (ISR) requirement as stated in Section 10 Landscape Regulations of the Zoning Ordinance (This item tabled at July 13th BZA meeting.)
NOTE:
The City of Opelika complies with the American with Disabilities Acts.
The City of Opelika will make reasonable arrangements to ensure accessibility to this meeting.
If you need special assistance to participate in this meeting, please contact the ADA Coordinator 72 hours prior to the meeting at ADA@opelika-al.gov or (334)705-2083.
Legal Run 08/05/2021
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NOTICE OF COURT PROCEEDING
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Notice of the filing of Petition for Summary Distribution
In the Estate of Jerry Roger Herring, deceased
Notice is hereby given that a Petition for Summary Distribution has been filed in the LEE COUNTY Probate Office by Jerry Randall Herring on July 30, 2021, pursuant to Section 43-2-690, Code of Alabama and that 30 days after the notice of publication hereof and pursuant to law the Court shall be requested to enter an Order directing Summary Distribution of the estate of said decedent.
BILL ENGLISH, PROBATE JUDGE
Legal Run 08/05/2021
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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
In the Matter of Mary Weeks, an alleged incapacitated person
TO: Any relatives or interested parties: Lee County DHR has filed a Petition to appoint a Legal Guardian for the person of Mary Weeks. It is ordered that the 9th day of September 2021 at 2:00 p.m. be appointed the day on which to hear such petition, at the Lee County Courthouse, 215 South 9th Street, Opelika, AL at which time all persons interested may file their notice of appearance and contest the said petition if they deem it proper. Said hearing may be conducted electronically. Done this the 2nd day of August, 2021.
BILL ENGLISH, PROBATE JUDGE
Margaret A. Mayfield
Attorney for Lee County DHR
Post Office Box 809
Opelika, AL 36803
(334) 745-0333
Legal Run 08/05/21, 08/12/21 & 08/19/21
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IN THE MATTER OF THE ESTATE OF GRACE W. COLLIER, DECEASED
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
NOTICE TO FILE CLAIMS
TAKE NOTICE that Letters Testamentary having been granted to William T. Collier and Dorothy C. Kolander, as Personal Repr esentatives of the Estate of Grace W. Collier, deceased on the 27th day of July, 2021, by the Hon. Bill English, Judge of Probate of Lee County, Alabama.
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
WILLIAM T. COLLIER, Personal Representative and
DOROTHY C. KOLANDER, Personal Representative
PREPARED BY:
Phillip E. Adams, Jr.
205 S. 9th Street
Opelika, AL 36801
(334) 745-6466
Legal Run 08/05/2021, 08/12/2021 & 08/19/2021
