IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA IN THE MATTER OF THE ESTATE OF WILLIE JAMES LOVE, Deceased.
CASE NO. 2024-174
NOTICE TO CREDITORS
Letters Testamentary of said deceased having been granted to Helena A. Frye, Personal Representative on the 21st day of March 2024, by Honorable Bill English, Judge of 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.
Helena A. Frye
Legal Run 03/28/2024, 04/04/2024 & 04/11/2024
IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA IN THE MATTER OF THE ESTATE OF THOMAS HARREE SMITH, Deceased.
CASE NO. 2024-176
NOTICE TO CREDITORS
Letters Testamentary of said deceased having been granted to Helena A. Frye, Personal Representative on the 21st day of March 2024, by Honorable Bill English, Judge of 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.
Tammy W. Hall
Legal Run 03/28/2024, 04/04/2024 & 04/11/2024
IN THE MATTER OF THE ESTATE OF VEE LODEN, DECEASED.
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Case No: 2024-162
Letters Testamentary on the estate of said decedent having been granted to the undersigned on the 18th day of March, 2024, 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.
DALE KEVIN LODEN
Personal Representative
Robert H. Pettey
Samford & Denson, LLP
P.O. Box 2345
Opelika, AL 36803-2345
(334) 745-3504
Legal Run 03/28/2024, 04/04/2024 & 04/11/2024
IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA
IN RE: The estate of Curtis David Waldrop, Deceased.
Case No. 2024-081
TAKE NOTICE that Letters Administration having been granted to Barbara Waldrop as Administratrix of the Estate of Curtis David Waldrop, deceased, on the 12th day of March, 2023.
NOTICE IS HEREBY GIVEN that all persons having claims against the said Estate are hereby required to present the same within the time allowed by law or the same be barred.
Barbara Waldrop, Administratrix of the Estate of Curtis David Waldrop, Deceased
Marrell J. McNeal, Attorney at Law, PC
PO Box 308
Opelika, AL 36803
334-745-7033
Legal Run 03/28/2024, 04/04/2024 & 04/11/2024
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: THE ESTATE OF MARY LOIS COSBY, DECEASED.
Case No.: 2023-547
TAKE NOTICE that Letters Testamentary having been granted to Vonda Worley, as Executrix of the Estate of Mary Lois Cosby, deceased, on the 20th day of March 2024, by the Honorable Bill English.
NOTICE IS HEREBY GIVEN that all persons having claims against the Estate are hereby required to present the same within the time allowed by law or the same be barred.
Vonda Worley, Executrix Of the Estate of Mary Lois Cosby, Deceased
Marrell J. McNeal, Attorney at Law, PC
PO Box 308
Opelika, AL 36803
334-745-7033
Legal Run 03/28/2024, 04/04/2024 & 04/11/2024
IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA IN THE MATTER OF THE ESTATE OF MILLIE F. GOODSON, Deceased.
CASE NO. 2024-158
NOTICE TO CREDITORS
TAKE NOTICE THAT Letters Testamentary of said deceased having been granted to Yvonne D. Chamblee on the 18th day of March 2024, by Honorable Bill English, Judge of 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.
KIMBERLY M. DEAN
DEAN & BARRETT
P.O. BOX 231
OPELIKA, AL 36803-0231
kim@deanandbarret.com
Legal Run 03/28/2024, 04/04/2024 & 04/11/2024
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: THE ESTATE OF GEORGE B. DANIEL Deceased.
CASE NO.:2024-126
NOTICE OF APPOINTMENT
Letters Testamentary of said deceased having been granted to the undersigned on 27th day of February, 2024, by 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 my hand, and dated this the 27TH day of February 2024.
RODNEY LEE DANIEL
Legal Run 03/28/2024, 04/04/11 & 04/11/2024
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN THE MATTER OF THE MINOR NAME CHANGE PETITION FILED BY: CAITLIN CONCI FLICKINGER
CASE NO.: 2024-104 & 105
PUBLICATION NOTICE
TO: Clinton Ward Robinson
Please take notice that a petition for minor name change was filed in the Probate Court of Lee County, Alabama by Caitlin Conci Flickinger on February 15, 2024, to change the name of
C.R.R. born on May 22, 2018, in Opelika, Alabama, and C.H.R. born on April 17, 2020, Opelika, Alabama to Clinton Ward Robinson and Caitlin Conci Flickinger.
A hearing has been set for the 23rd day of April 2024 at l o’clock p.m. Central time in the Probate Court, Lee County Courthouse, 215 South 9th Street, Opelika, AL 36801. Should you intend to object to either minor name change, you must file a written response with the attorney for the petitioner, Hon. Jason C. Riggs, P.O. Box 954, Auburn, AL 36831 or with the Clerk of the Probate Court of Lee County, Alabama, as soon as possible, but no later than thirty (30) days from the last day this notice is published or appear on the date of the hearing as set above.
Dated on this the 15th day of March 2024.
HON. BILL ENGLISH
JUDGE OF PROBATE LEE COUNTY, ALABAMA
Legal Run 03/28/2024, 04/04/2024, 04/11/0224 & 04/18/2024
IN THE PROBATE COURT OF LEE COUNTY, STATE OF ALABAMA
RE:Estate of LEOPOLEON PHILPOT, JR., Deceased
CASE NO. 2024-058
NOTICE TO FILE CLAIMS
TAKE NOTICE that Letters Testamentary having been granted to Tony C. Philpot, as Personal Representative of the Estate of Leopoleon Philpot, Jr., deceased, on the 21st day of March, 2024 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.
TONY C. PHILPOT, Personal Representative
PREPARED BY:
Phillip E. Adams, Jr.
205 S. 9th Street Opelika, AL 36801
(334) 745-6466
Legal Run 03/28/2024, 04/04/2024 & 04/11/2024
IN THE PROBATE COURT OF LEE COUNTY, STATE OF ALABAMA
RE: Estate of LELIA DOWDELL WALTON Deceased
CASE NO. 2020-288
NOTICE TO FILE CLAIMS
TAKE NOTICE that Letters of Administration having been granted to Brenda K. James as the Administratrix of the Estate of Leilia Dowdell Walton deceased on November 2, 2023, by the Honorable 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 the time allowed by law, or the same will be barred.
Done this the 2nd day of November, 2023
BILL ENGLISH Probate Judge of Lee County, Alabama
Legal Run 03/28/2024, 04/04/2024 & 04/11/2024
IN THE PROBATE COURT FOR LEE COUNTY, STATE OF ALABAMA
RE: Estate of CHARMAINE CASEY, Deceased
CASE NO. 2024-181
NOTICE TO CREDITORS
Letters Testamentary of said deceased having been granted of Jamie Christine Marshall, personal representative on the 25th day of March, 2024, by Honorable 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 the time allowed by law, or the same will be barred.
Jamie Christine Marshall
Legal Run 03/28/2024, 04/04/2024 & 04/11/2024
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: THE ESTATE OF PAUL MARY, IV, an incapacitated person
NOTICE OF FILING OF PARTIAL SETTLEMENT
Notice is hereby given that a Petition for Partial Settlement was filed by Conservator, Tammie Mary on February 26, 2024. A hearing has been set for the 5th day of May 2024 at 2:00 p.m. central time, electronically via “ZOOM.” Please contact the Lee County Probate Court at 334-737-3670 for access to the electronic hearing should you intend to take part in the said hearing.
Judge of Probate, Lee County, Alabama
Legal Run 03/28/2024, 04/04/2024 & 04/11/2024
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: THE ESTATE OF BETTY CAREN WHITE
CASE NO.: 2024-165
NOTICE TO CREDITORS
TAKE NOTICE that Letters of Administration having been granted to CLINT PRIDGEN, as Administrator of the Estate of BETTY CAREN WHITE, deceased, on the 9th day of August, 2023, by the Honorable Bill English, Judge of Probate.
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.
Legal Run 03/28/2024, 04/04/2024 & 04/11/2024
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN THE MATTER O VIRGINIA FRANCES HENDON, Deceased
Letters Testamentary of said deceased was granted to Woody Mark Hendon on the 21st day of March, 2024. By the Honorable Bill English, Probate Judge 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/
Woody Mark Hendon, Executor
Margaret A. Mayfield
Attorney for the Estate
P.O. Box 809, Opelika, AL, 36803
334-745-0333
Legal Run 03/28/2024, 04/04/2024 & 04/11/2024
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: THE ESTATE OF NATHANIEL CANNON
NOTICE TO CREDITORS
TAKE NOTICE that Letters Testamentary of the Estate of NATHANIEL CANNON, deceased, having been granted to GREG CANNON, on the 21st day of march, by the Honorable 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.
Gregory Cannon
Legal Run 04/04/2024, 04/11/2024, & 04/18/2024
STATE OF ALABAMA, LEE COUNTY PROBATE COURT
CASE NO. 2024-183
ESTATE OF JAMES DONALD MCSPADDEN, DECEASED
NOTICE OF APPOINTMENT OF PERSONAL REPRESENTATIVE
Letters Testamentary of said James Donald McSpadden, deceased, having been granted to Kimberly J. Petrina this 26th day of March 2024, by the Honorable 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 the law or the same will be barred.
Kimberly J. Petrina, Personal Representative
Legal Run 04/04/24, 04/11/24 & 04/18/24
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Opelika will hold a Public Hearing on Tuesday, May 7, 2024, at 6:00 p.m. in the Courtroom of the Opelika Municipal Court Building, 300 Martin Luther King Boulevard, Opelika, Lee County, Alabama.
PURPOSE
The purpose of said Public Hearing will be to consider the adoption of an ordinance to amend Ordinance Number 124-91 (entitled “Zoning Ordinance of the City of Opelika”) adopted on September 17, 1991. At said Public Hearing all who desire to be heard shall have the opportunity to speak for or in opposition to the adoption of the following ordinance:
ORDINANCE NO. _
AN ORDINANCE TO AMEND THE ZONING
ORDINANCE AND ZONING MAP OF THE CITY OF OPELIKA
(THOMASON DRIVE EXTENSION PUD)
BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. FINDINGS. The Council has determined and hereby finds and declares that the following facts are true and correct:
(a)Gateway Development, LLC, Cornerstone, LLC and Clark-Adams Development, LLC (the “Owners”) are the owners of record of that certain property consisting of 98.8 acres located between Gateway Drive and Cunningham Drive.
(b)The Owners heretofore submitted to the City a development plan for a planned unit development (“PUD”) consisting of approximately 98.8 acres, designated as “Thomason Drive Extension Planned Unit Development”.
(c)The proposed development is a mixed-use planned development, consisting of various commercial uses, as well as several types of multi-family residential uses with corresponding open space areas and on-site stormwater detention. Multi-family residential uses include town homes, twin homes, apartments and cottages. Commercial uses are to be determined, but may include a shopping center, climate-controlled storage and other commercial/light industrial uses.
(d)The development will be accessed primarily from Gateway Drive and Cunningham Drive but will also have access to Frederick Road via Center Hill Drive. The City of Opelika has plans to construct a collector roadway from Gateway Drive to Cunningham Drive that will facilitate development opportunities within the area.
(e)On March 26, 2024, the Planning Commission heretofore conducted a public hearing of the proposed development and referred to the City Council its recommendation to approve the proposed development.
(f) It is advisable and in the interest of the City and the public interest that the proposed property described in Section 3 below should be developed as a residential planned unit development.
Section 2. APPROVAL OF THE DEVELOPMENT PLAN. The Development Plan as submitted for review is hereby approved and affirmed as required by Section 8.18(N) of the Zoning Ordinance of the City.
Section 3. DESIGNATION OF A PLANNED UNIT DEVELOPMENT. The official Zoning Map is hereby amended and the zoning classification for the following parcels of land shall be changed from a C-2 District (Office/Retail District), C-3 District (General Commercial District and R-4 District (Medium-Density Residential District) to a Planned Unit Development (PUD) on the official zoning map of the City:
Clark-Adams Investments, Inc. – Lot 1
All that lot, tract or parcel of land lying, situate and being located in Section 23, Township 19North, Range 26 East, Lee County, Alabama, being shown and identified as Lot 1, 500,798 SF+/-, 11.50 AC+/-, on that certain plat of survey entitled “Clark-Adams Subdivision, Section 23 T19N R26E, Opelika, Lee County, Alabama”, dated December 14, 2020, prepared by Precision Surveying and recorded in the Office of the Probate Judge of Lee County, Alabama, which is incorporated herein and referred to for the more particular description of said lot.
Gateway Development, LLC – Lot 1 (Lawler’s Business Park, Section Three)
Lot 1 of Lawler’s Business Park, Section Three as shown on map of said subdivision filed for record in Plat Book 27, at Page 162, in the Office of the Judge of Probate of Lee County, Alabama.
Gateway Development, LLC – Parcel 2
(Subdivision of WP Properties Opelika, LLC)
Parcel 2 of Subdivision of WP Properties Opelika, LLC as shown on the map or plat of said subdivision of record in Plat Book 36, at Page 144, in the Office of the Judge of Probate of Lee County, Alabama.
Said Property further described as:
Commencing at the Northwest corner of Section 23, Township 19 North, Range 26 East, Lee County, Alabama; thence North 73 degrees 26 minutes 26 seconds East, a distance of 899.65 feet to the westerly margin of Cunningham Drive; thence along said easterly margin South 00 degrees 43 minutes 55 seconds East, a distance of 685.31 feet to the POINT OF BEGINNING; from said POINT OF BEGINNING leaving the easterly margin of Cunningham Drive South 89 degrees 43 minutes 24 seconds East, a distance of 684.69 feet; thence South 47degrees 56 minutes 06 seconds East, a distance of 144.39 feet; thence North 60 degrees 06 minutes 29 seconds East, a distance of 449.45 feet; thence South 89 degrees 24 minutes 38 seconds East, a distance of 1158.20 feet; thence South 00 degrees 06 minutes 56 seconds West, a distance of 1285.95 feet; thence South 89 degrees 47 minutes 17 seconds West, a distance of 1573.89 feet; thence South 00 degrees 45 minutes 36 seconds East, a distance of 1600.35 feet to the northerly margin of Fredrick Road; thence along said northerly margin South 71 degrees 01 minutes 29 seconds West, a distance of 42.51 feet; leaving said northerly margin North 00 degrees 36 minutes 52 seconds West, a distance of 2075.09 feet; thence North 05 degrees 53 minutes 57 seconds West, a distance of 677.56 feet; thence North 89 degrees 43 seconds 24 minutes West, a distance of 648.06 feet to the easterly margin of Cunningham Drive; thence along said easterly margin North 00 degrees 43 minutes 55 seconds West, a distance of 40.01 feet to the POINT OF BEGINNING; said described tract containing 49.505 acres, more or less.
Gateway Development, LLC – (21.20 Acres Center Point Subdivision)
That certain Property consisting of 21.20 acres of land at terminus of Center Point Subdivision and designated for future development on that certain plat of Center Point Subdivision First Revisions and First Addition recorded in Plat Book 14, at Page 152 in the Office of the Judge of Probate of Lee County, Alabama.
Gateway Development, LLC – Parcel 1-C (Saucier Investments, LLC)
Parcel 1-C of the Administrative Subdivision, Saucier Investments, LLC as shown on that certain map or plat of said subdivision of record in Plat Book 44, at Page 158, in the Office of the Judge of Probate of Lee County, Alabama.
Cornerstone, LLC – Lots 4 & 5 (Virginia Woods Subdivision)
All those tracts or parcels of land lying and being in Section 14, Township 19 North, Range 26 East, Opelika, Lee County, Alabama and being more particularly described as follows:
Begin at the southwest corner of Section 14, Township 19North, Range 26 East, Opelika, Lee County, Alabama; thence along the south line of Section 14 South 89°42’42” East, 3949.86 feet to a point of beginning of the property herein described; thence North 00°00’33” East, 976.13 feet to a point; thence North 75°43’58” East, 235.42 feet to a point located on the southwesterly right of way of U. S. Highway 280; thence along a curve to the left of said right of way South 41°31’11” East, a chord distance of 68.29 feet to a point; thence continue along said right of way South 57°21’45” East, 211.05 feet to a point; thence continue along said right of way South 52°09’35” East, 200.25 feet to a point; thence continue along said right of way South 47°14’05” East, 322.91 feet to appoint; thence continue along a curve to the right of said right of way an arc length of 621.33 feet, a chord bearing 30°02’18” East, a chord distance of 615.56 feet to a point located on the south line of Section 14; thence along the south line of Section 14 North 89°42’42” West, 1163.48 feet to the point of beginning.
The above-described property contains 18.8530 acres and is more fully shown as Lot 4 on a survey by Joe D. McElvy Alabama Registration 9686 dated September 29, 1995, made a part hereof by reference.
Rodney C. Jones and Laurie S. Jones – Lot 5 (Virginia Woods Subdivision)
Beginning at the southeast corner of Section 14, Township 19 North, Range 26 East, Lee County, Alabama; thence North 89°42’42” West, 1320.01 feet to a point; thence North 00°31’35” East, 976.13 feet to a point, said point being the point of beginning of the property herein described; thence North 00°31’35” East, 406.00 feet to a point located at the intersection of the southerly right of way of CSX Railroad and the southwesterly right of way of U.S. Highway 280, thence along the southwesterly right of way of U.S. Highway 280 a chord bearing 32°49’14” East, a chord distance of 414.06 feet, an arch length of 415.25 feet to a point; thence leaving said right of way South 75°43’58” West, 235.42 feet to the point of beginning, containing 0.9750 acres.
The above-described property is more fully shown as Lot 5, Virginia Woods Subdivision, by Joe D. McElvy Alabama Registration 9686 dated September 29, 1995, as recorded in Book 17, Page 194, Lee County, Alabama.
The above-described property, containing approximately 98.8 acres, is located between Gateway Drive and Cunningham Drive.
Section 4. RETENTION OF COPIES OF DEVELOPMENT PLAN. Copies of the Development Plan shall be maintained in the office of the City Clerk, City Planner, City Engineer and Building Official and shall be open for public inspection.
Section 5. REPEALER. Any ordinance or part thereof in conflict with provisions of this Ordinance be and the same are hereby repealed.
Section 6. EFFECTIVE DATE. This Ordinance shall become effective upon its adoption, approval and publication as required by law.
Section 7. PUBLICATION. This Ordinance shall be published one (1) time in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.
END
All interested persons are invited to attend the Public Hearing and be heard. Written comments concerning the above matter may be mailed to the City Clerk at City Hall, P.O. Box 390, Opelika, AL 36803 at any time prior to the Public Hearing and may be further submitted to the City Council at the meeting and Public Hearing.
Please contact Brian Weiss, the City’s Interim ADA Coordinator, at 334-705-5134 at least two (2) working days prior to the meeting if you require special accommodations due to a disability.
WITNESS my hand this the 11th day of April, 2024.
/s/Russell A. Jones, CMC CITY CLERK OF THE CITY OF OPELIKA, ALABAMA
Legal Run 04/11/2024
NOTICE OF PUBLIC HEARING
OPELIKA CITY COUNCIL
May 7, 2024, 6:00 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, May 7, 2024, beginning at 6:00 p.m. in the Courtroom of the Opelika Municipal Csourt 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 the right-of-way of Speedway Road between Randall Drive and Veterans Parkway. 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 Speedway Drive proposed to be vacated is more particularly described as follows:
RIGHT-OF-WAY VACATION OF A PORTION OF SPEEDWAY DRIVE
COMMENCE AT A POINT UNDER ASPHALT LOCALLY ACCEPTED AS THE SOUTHWEST CORNER OF SECTION 15, TOWNSHIP 19 NORTH, RANGE 26 EAST, AUBURN, LEE COUNTY, ALABAMA; THENCE NORTH 21°46’52” EAST, A DISTANCE OF 2070.89 FEET TO THE POINT OF BEGINNING OF A RIGHT-OF-WAY VACATION MORE FULLY DESCRIBED AS FOLLOWS: THENCE NORTH 00°49’50” EAST, A DISTANCE OF 216.29 FEET; THENCE NORTH 00°49’50” EAST, A DISTANCE OF 110.44 FEET; THENCE SOUTH 89°10’10” EAST, A DISTANCE OF 48.78 FEET; THENCE SOUTH 00°49’55” WEST, A DISTANCE OF 110.16 FEET; THENCE SOUTH 00°49’55” WEST, A DISTANCE OF 99.88 FEET; THENCE SOUTH 00°49’55” WEST, A DISTANCE OF 99.90 FEET; THENCE SOUTH 00°49’55” WEST, A DISTANCE OF 99.92 FEET; THENCE SOUTH 00°49’55” WEST, A DISTANCE OF 37.57 FEET; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 130.20 FEET, WITH A RADIUS OF 2662.7 FEET, WITH A CHORD BEARING OF NORTH 21°10’12” WEST, WITH A CHORD LENGTH OF 130.19 FEET TO THE POINT OF BEGINNING, SAID RIGHT-OF-WAY VACATION CONTAINING 18,949.9 SQUARE FEET OR 0.44 ACRES, MORE OR LESS.
Being further described according to and as shown on that certain survey or drawing dated January 29, 2024, by Arthur R. Nettles, Registered Surveyor, attached hereto and marked Exhibit “A”.
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 Brian Weiss, the City’s ADA Contact Person, at 334-705-5134 at least two (2) working days prior to the meeting if you require special accommodations due to a disability.
DATED this the 11th day of April, 2024.
/s/Russell A. Jones, CMC CITY CLERK OF THE CITY OF OPELIKA, ALABAMA
Legal Run 04/11/2024, 04/18/24, 04/25/24 & 05/02/24
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: ESTATE OF MARY LEE CARDEN, DECEASED
ESTATE NO:
PETITION TO PROBATE WILL
NOTICE
Letters of Testamentary for the Estate of MARY LEE CARDEN, Deceased, having been granted to JENNIFER A. STEWART, on the 2nd day of April, 2024, by the Honorable Bill English, Judge of Probate Court of Lee County, Alabama, notice is hereby given to 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/Raymond L. Jackson, Jr./
Raymond L. Jackson, Jr.
ATTORNEY FOR THE PETITIONER
145 E. Magnolia Avenue, Suite 110
Auburn, AL 36830
Telephone: (334) 991-3143
FAX Number (877) 730-3354
e-mail address: Ray@RayJackson.Law
Legal Run 4/11/24, 4/18/24 & 4/25/24
ORDINANCE NO. 004-24
AN ORDINANCE TO AMEND THE DEVELOPMENT PLAN FOR BROOKSTONE PUD
BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. FINDINGS. The Council has determined and hereby finds and declares that the following facts are true and correct:
(a)Pursuant to Ordinance No. 131-97, adopted on December 16, 1997, the City Council approved a Development Plan for Brookstone PUD and amended the official Zoning Map of the City to designate the zoning classification of PUD for approximately 81 acres.
(b)Brookstone PUD is a mixed residential development, consisting of six acres with up to 48 assisted living units, six acres with up to 24 garden homes, 18 acres with 44 single-family homes and 81 acres for apartments.
(c)Out of the total project area within Brookstone PUD only the assisted living area has been developed and the apartment area has been removed from the PUD.
(d)Holland Homes, LLC is the owner of record and/or has a property interest in the remaining 24.05 acres within the Brookstone PUD.
(e)Holland Homes, LLC, has heretofore submitted to the City a proposed Amended Development Plan for the 24.05 acres of land owned by it within Brookstone PUD. The subject property is located east of Fox Run Parkway and is further described as follows:
Commencing at a found 5/8” rebar by Goodwyn, Mills and Cawood (GMC), said point is in a disturbed condition and is located at the locally accepted Southeast Southeast corner of Section 5, Township 19 North, Range 27 East, Lee County, Alabama and is the Southeast corner of Lot 27 of Foxrun Industrial Park, 1st Revision, 1st Addition, Redivision of Lots 19-38 and Resubdivision of Lots 4 and 7 (plat book 21, page 103); thence North 00°14’27” East, a distance of 192.42 feet to a found ½” open top iron pin at the Northeast corner of Lot 27; thence North 00°00’55” East, a distance of 158.93 feet to a set ½” rebar by Precision Surveying LLC (CA788), said point being the Southeast corner of a proposed parcel of land and is the Point of Beginning of said proposed parcel described herein: from this POINT OF BEGINNING; thence South 89°45’25” West, a distance of 1050.33 feet to a set ½” rebar (CA788); thence North 42°46’37” West, a distance of 138.09 feet to a set ½” rebar (CA788); thence North 27°31’17” West, a distance of 85.87 feet to a found 5/8” rebar (GMC); thence North 32°57’23” West, a distance of 101.67 feet to a found 5/8” rebar (GMC); thence North 09°50’00” West, a distance of 136.50 feet to a calculated point in a creek centerline; thence North 02°30’52” West, a distance of 47.40 feet to a calculated point 5.07’ Westerly of a found 5/8” rebar (GMC); thence North 27°56’32” East, a distance of 112.87 feet to a set ½” rebar (CA788) in a creek centerline; thence North 23°48’39” East, a distance of 264.08 feet to a set ½” rebar (CA788) in the centerline of a creek; thence North 04°36’56” East, a distance of 98.59 feet to a set ½” rebar (CA788) in the Southerly line of Fox Run Subdivision; thence along the South line of Fox Run Subdivision North 89°06’59” East, a distance of 186.57 feet to a set ½” rebar (CA788); thence along the South line of Fox Run Subdivision North 89°18’39” East, a distance of 248.84 feet to a found ½” crimp top iron pin; thence along the South line of Fox Run Subdivision North 89°02’21” East, a distance of 377.20 feet to a found ½” crimp top iron pin; thence along the South line of Fox Run Subdivision North 89°05’57” East, a distance of 279.91 feet to a found ½” crimp top iron pin; thence along the West line of Lot 35, The Chimneys Subdivision in Plat Book 44, Page 191 South 00°13’41” East, a distance of 195.42 feet to a found ¾” crimp top iron pin; thence along the West line of Lot 116, The Willows Plat No. 1, A Redivision Of Lot Future Of Stephens Woods Subdivision, Phase 2-A Section 2 as recorded in Plat Book 45, Page 148; thence continue along Lot 116 South 00°34’09” East, a distance of 402.92 feet to a found ¾” crimp top iron pin; thence continue along Lot 116 South 00°03’19” West, a distance of 68.46 feet to a found ¾” crimp top iron pin; thence continue along Lot 116 South 00°00’55” West, a distance of 229.61 feet to the Point of Beginning.
Said parcel is in Section 5, Township 19 North, Range 27 East, Lee County, Alabama and is a revision of Lots 19 through 30, part of Lots 32, 33, 38 and Lots 34 through 37, Foxrun Industrial Park, 1st Revision, 1st Addition, Redivision of Lots 19-38 and Resubdivision of Lots 4 and 7 (plat book 21, page 103) and contains 24.05 acres, more or less.
The above-described property, containing approximately 24.05 acres, is at 1001 Fox Run Parkway and is located on the east side of Fox Run Parkway.
(f)The Amended Development Plan is a mixed residential development, consisting of 43 single-family homes and 90 twin homes. The proposed development will create an extension of Fox Run Village, and the residential units within the development will mirror those in Fox Run Village. The development will have a density of 5.53 units per acre.
(g)On December 19, 2023, the Planning Commission heretofore conducted a public hearing of the proposed Amended Development Plan and referred to the City Council its recommendation to approve the Amended Development Plan for Brookstone PUD with the condition that the applicant/developer provide an additional public access to the development.
Section 2. CONDITIONAL APPROVAL OF THE AMENDED DEVELOPMENT PLAN. The Amended Development Plan for Brookstone PUD as submitted for review is hereby approved and confirmed as required by Section 8.18(N) of the Zoning Ordinance of the City, subject to and conditioned upon the applicant/developer providing an additional access through an extension of Brookstone Drive to the development as approved by the Planning Director and City Engineer.
Section 3. RETENTION OF COPIES OF AMENDED DEVELOPMENT PLAN. Copies of the Amended Development Plan shall be maintained in the office of the City Clerk, Planning Director, City Engineer and Building Official and shall be open for public inspection.
Section 4. REPEALER. Any ordinance or part thereof in conflict with provisions of this Ordinance be and the same are hereby repealed.
Section 5. EFFECTIVE DATE. This Ordinance shall become effective upon its adoption, approval and publication as required by law.
Section 6. PUBLICATION. This Ordinance shall be published one (1) time in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.
ADOPTED AND APPROVED this the 2nd day of April, 2024.
/s/Eddie Smith PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST:
/s/Russell A. Jones, CMC CITY CLERK
TRANSMITTED TO MAYOR on this the 3rd day of April, 2024.
/s/Russell A. Jones, CMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 3rd day of April, 2024.
/s/Gary Fuller MAYOR
ATTEST:
/s/Russell A. Jones, CMC CITY CLERK
Legal Run 04/11/2024
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
CASE NO.: PC 2024-180
IN RE: THE MATTER OF THE ESTATE OF CAROL EDWARDS DAVIS, DECEASED
NOTICE OF APPOINTMENT
Letters Testamentary of said deceased having been granted to Valarie Davis McCalman on the 25th day of March, 2024, by the Hon. Bill English, Judge of Probate Court of Lee County, notice is hereby given to 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.
Valarie Davis McCalman
BY: Patrick McCalman, Attorney for Personal Representative
Legal Run 4/11/24, 4/18/24 & 4/25/24
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Adoption of: LME (6/16/2020) LME (6/16/2020) JLC (9/5/2018) JJC (7/22/2019) TJC (3/2/2016)
TO: Any and all alleged/unknown fathers
Take notice, that Petitions for the Adoption of the children, LME, female child born 6/16/2020; LME, female child born 6/16/2020; JLC, female child born 9/5/2018; JJC, a male child born 7/22/2019; to Jasmine Lynette Erskine at Baptist Medical Center South in Montgomery, Alabama and TJC, a female child born 3/2/2016 to Jasmine Lynette Erskine at Vaughan RMC-Parkway Campus in Selma, Alabama have been filed in this Court by Charles Ballard, III, Amy Renea Ballard and by Gailrenette Patrice Pickett. Your failure to file an answer to these petitions could result in said Petitions 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, AL in order 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 04/11/24, 04/18/24, 04/25/18 & 05/02/24
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
In the Matter of Thelma Zachery – an alleged incapacitated person
NOTICE OF HEARING:
TO: Any relative or interested party: Lee County DHR has filed a Petition to appoint a Legal Guardian for the person of Thelma Zachary. A hearing has been set for the 15th day of May, 2024, at 10:00 central time, electronically via “ZOOM”. Please contact the Lee County Probate Court at 334-737-3670 for access to the electronic hearing should you intend to take part in the hearing of this matter.
Bill English, Lee County Probate Judge
Margaret Ann Mayfield
Attorney for Lee County DHR
P.O. Box 809
Opelika, Alabama 36803
(334) 745-0333
Legal Run 04/11/24, 04/18/24 & 04/25/18
CITY OF OPELIKA
NOTICE OF PLANNING COMMISSION MEETING AND PUBLIC HEARINGS
TO: RESIDENTS AND PROPERTY OWNERS OF THE CITY OF OPELIKA AND ALL OTHER INTERESTED CITIZENS
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Opelika, Alabama will hold a regular meeting and will be conducting public hearings on Tuesday, April 23, 2024 at 3:00 p.m. in the Meeting Chamber at Opelika Municipal Court located at 300 MLK Boulevard, Opelika, Alabama. A Planning Commission work session will be held at 2:45 pm before the regular meeting. The purpose of the public hearings is to receive public comment on the following:
I. Some items at the meeting will have a designated public hearing (noted below). Individuals are limited to 5-minute comment period per public hearing.
II. Approval of Minutes
III. Update on Previous PC Cases
IV. New Business
A. Plat (Preliminary and Final ) – Public Hearing
1.A public hearing on a request by Blake Rice, authorized representative for Plainsman Development, Inc., property owner, for preliminary and final approval of the Foxchase on Emerald Lake Phase 4D subdivision consisting of 8 lots accessed from Firefly Bend.
B.Conditional Use – Public Hearing
2.A public hearing on a request by RaceTrac, Inc., Victor Sutapaha, authorized representative for WWS Properties, LLC, property owner, for conditional use approval for a convenience store and gas station (RaceTrac) C-2. GC-P zoning district accessed at the 4800 block of Birmingham Highway (Hwy 280 West).
3.A public hearing on a request by Gustavo Diaz Cax, property owner, for conditional use approval for multiple dwellings on a single lot (duplex and single family home) in a R-4 zoning district accessed at 114 Brannon Avenue (This conditional use approval expired; reapplying for conditional use approval).
4.A public hearing on a request by Foresite Group, LLC, authorized representative for ALYSSA Corporation, property owner, for conditional use approval to convert a 108 unit hotel into a multi-family residential development (apartments) in a C-3, GC-P zoning district at the 1105 Columbus Parkway.
C. Master Sign Plan Review
5.An agenda item to send a recommendation to the City Council concerning the Master Sign Plan for The Landing Entertainment/Restaurant PUD zoning district. The master sign plan includes two pylon freestanding signs: 399 square feet at 50 foot height and 215 square feet at 20 foot height. Freestanding signs for each tenant parcel: maximum 50 square feet sign area and maximum 10 foot sign height. City Council shall make the final decision on the master sign plan.
V. Old Business
D. Conditional Use Extension – Public Hearing
- A request by Howard Weissinger to extend a conditional use approval for 12 months starting at the current expiration date of May 23, 2024. The said conditional use approval is The Townes multi-family development (apartments) in a C-2. GC-P zoning district consisting of 151 units accessed at 2400 Frederick Road.
E. Text Amendment to the Zoning Ordinance – Public Hearing - A public hearing to consider a recommendation to the City Council on proposed text amendments to the Zoning Ordinance concerning Bed & Breakfast use: Section 2.2 Definitions; 7.3 C. Use Categories– (matrix table); Add new section: Section 8.28.4 Bed and Breakfast. This item was tabled at the March 26th PC meeting.
- Institutional Zone – A public hearing to consider a recommendation to the City Council on proposed text amendments to the Zoning Ordinance concerning Bed & Breakfast use
Section 6.4 Purpose and Intent of Zoning Districts; Section 7.3 A. District Regulations;
Section 7.3 C. Use Categories (matrix table). This item was tabled at the March 26th PC meeting.
All interested persons are invited to attend the meeting/public hearings and be heard. Written comments concerning the above matters may be mailed to the Planning Director at 700 Fox Trail, Opelika, Alabama 36801 at any time prior to the meeting/public hearings and may be further submitted to the Planning Commission at the meeting/public hearings.
The Planning Commission reserves the right to modify or alter any of the proposed amendments to the Zoning Ordinance and to make its recommendations accordingly to the City Council.
Please contact the Planning department at 334-705-5156 at least two (2) working days prior to the meeting if you require special accommodations due to a disability.
PLANNING DIRECTOR
Legal Run 04/11/2024
IN THE PROBATE COURT OF MARSHALL COUNTY, ALABAMA
CASE NO. 2937
IN RE: THE ADOPTION PETITION OF HECTOR HERNANDEZ and VERENISE HERNANDEZ
NOTICE OF HEARING
(Ala. Code §26-l0E-17 (1975))
TO: Bridgette Lashea King and Francisco Hernandez – Please take notice that a petition for adoption in the above styled matter has been :filed in said Court by the Petitioner(s) named below. As a notified party, you may appear in the adoption proceeding to contest or support the attached petition. Please be advised that if you intend to contest this adoption, you must file a written response within thirty (30) days of service of this notice with counsel for said Petitioner, whose name and address are as shown below and with the Clerk of the Probate Court at the following address: 425 Gunter Avenue, Ste. 110, Guntersville, Alabama, 35976.(mailing address). If you fail to respond within thirty (30) days and appear at the hearing, the Court may construe that failure as an implied consent to the adoption and waiver of a right to appear and of further notice of the adoption proceedings. If the adoption is approved, your parental rights, if any, will be considered terminated.
DONE THIS 5TH DAY OF APRIL, 2024
Attorney for Petitioner(s):
E. Shane Hollaway
P.O. Box758
Guntersville, AL 35976
Petitioner (s): Hector Hernandez
Verenise Hernandez
106 Auburn Ave.
Albertville, AL 35951
Andrea LeCroy, Probate Judge
Legal Run 04/11/2024, 04/18/24, 04/25/24 & 05/02/24
IN THE PROBATE COURT OF MARSHALL COUNTY, ALABAMA
CASE NO. 2936
IN RE: THE ADOPTION PETITION OF HECTOR HERNANDEZ and VERENISE HERNANDEZ
NOTICE OF HEARING
(Ala. Code §26-l0E-17 (1975))
TO: Bridgette Lashea King and Francisco Hernandez – Please take notice that a petition for adoption in the above styled matter has been filed in said Court by the Petitioner(s) named below. As a notified party, you may appear in the adoption proceeding to contest or support the attached petition. Please be advised that if you intend to contest this adoption, you must file a written response within thirty (30) days of service of this notice with counsel for said Petitioner, whose name and address are as shown below and with the Clerk of the Probate Court at the following address: 425 Gunter Avenue, Ste. 110, Guntersville, Alabama, 35976 (mailing address). If you fail to respond within thirty (30) days, and appear at the hearing, the Court may construe that failure as an implied consent to the adoption and waiver of a right to appear and of further notice of the adoption proceedings. If the adoption is approved, your parental rights, if any, will be considered terminated.
DONE THIS 5TH DAY OF APRIL, 2024
Attorney for Petitioner(s):
E. Shane Hollaway
P.O. Box758
Guntersville, AL 35976
Petitioner (s):
Hector Hernandez
Verenise Hernandez
106 Auburn Ave.
Albertville AL 35951
Andrea LeCroy, Probate Judge
Legal Run 04/11/2024, 04/18/24, 04/25/24 & 05/02/24
NOTICE OF APPOINTMENT
ESTATE OF HELEN BEATRICE GRANTHAM, DECEASED
COURT OF PROBATE LEE COUNTY
Letters Testamentary of said deceased having been granted to the undersigned on the 5th day of April, 2024, 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 5th day of April, 2024.
LINDA ANN HOLMAN
Legal Run 04/11/24, 04/18/24 & 04/25/24
IN THE MATTER OF THE ESTATE OF ETHEL JEAN MORRIS, Deceased
PROBATE COURT OF LEE COUNTY, ALABAMA
CASE NO. 2024-195
NOTICE TO CREDITORS
Letters of Administration of said deceased having been granted to DEMITRES MARICE MORRIS, the 3rd day of April, 2024, by the Honorable Bill English, Judge of 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.
Attorney of Petitioner:
J. Matthew Williams, Esq.
ANDERSON, WILLIAMS & FARROW, LLC
7515 HALCYON POINTE DRIVE
MONTGOMERY, AL 36117
334-272-9880
jmw@awf.law
PERSONAL REPRESENTATIVE
DEMITRES MARICE MORRIS
444 ESSIE MORRIS ROAD
AUBURN, AL 36830
Legal Run 4/11/2024, 4/18/2024 & 4/25/2024