IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA
IN THE MATTER OF THE ESTATE OF:
ROBERT FRED LUMPKIN, SR.,
CASE NO.: 2025-226
NOTICE TO CREDITORS
Letters of Administration with Will Annexed of said deceased having been granted to JEREMY LUMPKIN, Personal Representative on the 3rd day of June 2025, by Honorable Jere Colley, 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.
/s/ Jeremy Lumpkin
JEREMY LUMPKIN
Legal Run 06/26/25, 07/03/25, & 07/10/25
IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA
Case No.: CV-2025-900211
FOISTED BY KIMMEL, LLC Plaintiff, v.
A tract or parcel of land designated as: From the Northwest corner of Section 29, Township 19 North, Range 26 East, run East,along the North Section line of the said Section 29, a distance of 2545.6 feet to the Westerly margin of Dean Road in a southerly direction, 3576.6 feet to the point where the Westerly margin of Dean Road is intersected by the Southerly margin of Thach Avenue, which said point is the point of beginning of the land herein to be described: From said point of beginning run South 00 deg. 18 min. East, along the Westerly margin of Dean Road, a distance of 160 feet; thence South 39 de. 42 min. West 101.4 feet; thence North 00 deg. 17 min. West a distance of 156.6 feet, more or less, to the Southerly margin of Thach Avenue; thence along the Southerly margin of Thach Avenue North 87 de. 46 min. East a distance of 101.4 feet, more or less, to the point where the Southerly margin of Thach Avenue is intersected by the Westerly margin of Dean Road, which said point is the point of beginning, and
Eva Mae Williams, and/or the unknown heirs, assigns, or successors in interest of Eva Mae
Williams,
George Williams, and/or the unknown heirs, assigns, or successors in interest of George Williams,
Willie George Williams, and/or the unknown Heirs, assigns, or successors in interest of Willie George Williams,
Oscar Lewis Williams, and/or the unknown heirs, assigns, or successors in interest of Oscar Lewis Williams,
Gloria Jean Dowdell, and/or the unknown heirs, assigns, or successors in interest of Gloria Jean Dowdell,
Tony Williams, and/or the unknown heirs, assigns, or successors in interest of Tony Williams,
David Lewis Card; Vonda Elliot; Marie Allen Mark Prince; Dena France; and Reginald Lewis,
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 may 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.
PUBLICATION NOTICE
Eva Mae Williams, George Williams, Wille George Williams, Oscar Lewis Williams, Gloria Jean Dowdell, Tony Williams, or any of their unknown heirs, assigns, or successors in interest, and any other persons who may claim an interest in the real property more particularly described herein below, must answer the Complaint to Quiet Title, filed by Foisted By Kimmel, LLC within thirty (30) days of the date of the last publication of this notice or a Judgment by Default may be rendered against them in Lee County Case No.: CV-2025-900211. The real property situated in Lee County, Alabama, is more particularly described as:
From the Northwest corner of Section 29, Township 19 North, Range 26 East, run East, along the North Section line of the said Section 29, a distance of 2545.6 feet to the Westerly margin of Dean Road in a southerly direction 3576.6 feet to the point where the Westerly margin of Dean Road is intersected by the Southerly margin of Thach Avenue, which said point is the point of beginning of the land herein to be described: From said point of beginning run South 00 deg. 18 min. East, along the Westerly margin of Dean Road, a distance of 160 feet; thence South 39 de. 42 min. West 101.4 feet; thence North 00 deg. 17 min. West a distance of 156.6 feet, more or less, to the Southerly margin of Thach Avenue; thence along the Southerly margin of Thach Avenue North 87 de. 46 min. East a distance of 101.4 feet, more or less, to the point where the Southerly margin of Thach Avenue is intersected by the Westerly margin of Dean Road, which said point is the point of beginning.
This notice is Ordered by Lee County Circuit Judge Jeffrey G. Tickal on April 21, 2025, a copy of which is attached hereto and incorporated herein by reference.
/s/ Jonathan K. Corley
Attorney for Plaintiff
Foisted by Kimmel, LLC
Mary B. Roberson, Lee County Circuit Clerk
Legal Run 06/12/25, 06/19/25, 06/26/25 & 07/03/25
IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA
CV-2025-900173.00
WENDELL FLEMING, and
DAWN FLEMING, Plaintiffs, V.
A Parcel of Land in Lee County, Alabama, as the same is
Described in Deed Book 2719 at Page 552, in the Office of the
Judge of Probate of Lee County, Alabama,
PETER F. LOTEMPIO, or his heirs if deceased,
BETTY L. BURNS, or her heirs if deceased,
PHIL A. LOTEMPIO, or his heirs if deceased, and
Unknown persons who may claim an interest in said property whose identities are unknown and who cannot
by reasonable diligence be ascertained,
Defendants.
NOTICE OF ACTION
To: Peter L. Lotempio, Betty L. Burns, Phil A. Lotempio and all Defendants herein, whose whereabouts and identities are unknown and which cannot be ascertained after the exercise of reasonable diligence.
You are hereby notified that on the 31st day of March 2025, a Complaint for Ejectment and Quiet Title was filed in the Circuit Court of Lee County, Alabama, regarding the following described real property:
Parcel 43-17-08-34-0-000-010.001
A parcel of land lying in Section 34, Township 18 North, Range 27 East, Lee County, Alabama, and being more particularly described as follows: Commence at a found 3/4 inch crimped pipe locally accepted as the Southwest corner of the Southeast quarter of the Northwest quarter of Section 34, Township 18 North, Range 27 East, thence North 89 degrees 58 minutes 52 seconds East, 793.96 feet to a set rebar; thence North 00 degrees 01 minutes 10 seconds East 491.02 feet to a 1 inch open top pipe found at the point of beginning; thence North 00 degrees 01 minutes 00 seconds East 325.48 feet to a set rebar; thence North 89 degrees 58 minutes 52 seconds East 527.80 feet to a set rebar; thence South 00 degrees 01 minutes 10 seconds West 325.48 feet to a set rebar; thence South 89 degrees 58 minutes 52 seconds West 527.80 feet to the point of beginning containing 3.94 acres.
ALSO: an access and utility easement (30 feet wide) lying in Section 34, Township 18 North, Range 27 East, Lee County Alabama; the centerline of said easement being more particularly described as follows: commence at a found 3/4 inch crimped pipe locally accepted as the Southwest corner of the Southeast quarter of the Northwest quarter of Section 34, Township 18 North, Range 27 East; thence North 89 degrees 58 minutes 52 seconds East 793.96 feet to a set rebar; thence North 00 degrees 01 minutes 10 seconds East 831.50 feet to the point of beginning of the centerline of said easement; thence along said centerline the following courses: North 89 degrees 58 minutes 52 seconds East 457.21 feet; North 67 degrees 49 minutes 05 seconds East 104.47 feet; South 82 degrees 11 minutes 37 seconds East 311.38 feet; North 90 degrees 00 minutes 00 seconds East 196.89 feet; North 25 degrees 45 minutes 00 seconds East 53.58 feet to a point on the west right-of-way (ROW) line of Lee Road 121 (60’ ROW) and the point of ending.
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 5th day of June 2025.
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 06/12/25, 06/19/25, 06/26/25 & 07/03/25
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: THE ESATE OF WANDA JANINE SZOSTAK
CASE NO. 2025-249
NOTICE OF FILING OF PETITION FOR PROBATE OF WILL
NOTICE TO: BODGA STOPKA, ADDRESS UNKNOWN, and any other potential heirs
YOU WILL TAKE NOTICE The Court is in receipt of a Petition for Probate of Will filed on April 29, 2025, by Bradley R. Coppedge, attorney for Peter Szostak. A hearing is scheduled for July 8, 2025, at 1:00 PM at the Lee County Courthouse, 215 S. 9th Street, Opelika, Alabama. Please appear in person should you intend to take part in said hearing. DONE this 6th day of June, 2025.
JERE COLLEY, JUDGE OF PROBATE
LEGAL RUN 06/12/25, 06/19/25 & 06/26/25
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
The Estate of BARBARA J. TERRELL, Deceased
Case No. 2025-31
NOTICE TO CREDITORS
TAKE NOTICE that Letters Testamentary having been granted to ARKIRA
DOWDELL, as Personal Representative of the Estate of BARBARA J.
TERRELL, deceased, on the 2nd day of June, 2025, by Jere Colley, Lee County Probate Judge.
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 will be barred.
ARKIRA DOWDELL, Personal Representative of the Estate of BARBARA J. TERRELL.
Legal Run: 06/12/2025, 06/19/2025 & 06/26/2025
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: THE ESATE OF WANDA SZOSTAK
C ASE NO.: 2016-A-168
NOTICE OF HEARING
You are hereby notified that on the 6’h day of June, 2025, Peter Szostak, Conservator filed in the Probate Court of Lee County, Alabama a Final Return for the Conservatorship of Wanda Szostak. It is therefore, ordered that a hearing be set for the 8’11day of July, 2025, at 2:00 o’clock,
p.m. at the Lee County Courthouse for the hearing of said petition, and the taking of testimony in
support thereof, at which time any interested parties can appear and contest the same if you see proper.
Jere Colley, Judge of Probate, Lee County, Alabama
Legal Run 06/19/25, 06/26/25 & 07/03/25
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: THE ESTATE OF ANNIE UNDERWOOD
CASE NO.: 2021-017
NOTICE OF HEARING
TO: Shannita Willis, address unknown and any other relatives or interested parties
Please take notice, on April 21, 2025, Charlene Heard, Administratrix of the Estate of Annie Un-derwood, filed a Petition for Final Settlement and Discharge of Administratrix. It is ordered that the 6th day of August, 2025, at 9:00 a.m. be appointed the day on which to hear such petition, at the Lee County Courthouse, 215 South 91h Street, Opelika, AL at which time all persons interested may file their notice of appearance and contest the said petition if they don’t deem it proper.
Done this the 13th day of June, 2025.
Jere Colley, Judge of Probate, Lee County, Alabama
Legal Run 06/19/25, 06/26/25 & 07/03/25
IN RE: THE Estate of BENJAMIN DERRICK WALKER, Deceased
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Case No.: 2025- 327
Letters of Testamentary of said deceased having been granted to the undersigned on the 9th day of June, 2025, by the Hon. Jere Colley, 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.
HEIDI RICHARDS, Executor
Blake L. Oliver
Samford & Denson, LLP
P.O. Box 2345
Opelika, AL 36803-2345
(334)745-3504
Legal Run 06/19/25, 06/26/25 & 07/03/25
In the Probate Court of Lee County, Alabama
In the Matter of the Estate of Randall Blake Johns, Deceased
Case No. 2025-289
NOTICE OF APPOINTMENT OF ADMINISTRATOR AND NOTICE TO FILE CLAIMS
Letters of Administration of the Estate of Randall Blake Johns deceased, having been granted to the undersigned Amber Johns, on the 16 day of June, 2025, by the Honorable Jere Colley, Judge of Probate of said 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.
/S/Amber Johns
Amber Johns, Administrator,
Estate of Randall Blake Johns deceased.
Legal Run 06/19/25, 06/26/25, 07/03/25
ORDINANCE NO. 016-25
AN ORDINANCE TO AMEND THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF OPELIKA
BE IT ORDAINED by the City Council (the “City Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. That Ordinance 124-91 entitled “Zoning Ordinance City of Opelika, Alabama”, adopted on September 17, 1991, and the Zoning Map of the City of Opelika provided for and referred to therein, as previously amended and/or modified, be and the same is hereby amended by rezoning or redistricting the parcels of land hereinafter in this section described, so as to change such parcels from one class of district to another class of district as follows, to-wit:
From a M-1 District (Industrial District) to a C-2 District (Office/Retail District), the parcels of land hereinafter described:
401 Simmons Street
Lot 13 and a portion of Lot 12, Block 210, Totten’s Official Real Estate Map of the City of Opelika, Alabama, 1930, according to and as shown by that certain map or plat thereof of record in Town Plat Book 2 at Page 9, in the Office of the Judge of Probate of Lee County, Alabama, further described as:
Beginning at the Southwest corner of said Lot 13, thence Northeasterly along the Southeastern boundary of said Lots 13 and 12 for a distance of approximately 120 feet; thence leaving said Southeastern boundary at a right angle, Northwesterly for a distance of approximately 190 feet, perpendicular to the Southwestern boundary of said Lot 12, to the Northwestern boundary of said Lot 12; thence in a Southwesterly direction along the Northwestern boundaries of said Lots 12 and 13 for a distance of approximately 121 feet; thence along the Southwestern boundary of said Lot 13, for a distance of approximately 187 feet, to the Point of Beginning, being further described as Lee County, Alabama tax parcel 43-09-01-12-4-002-069.000, and being the same property conveyed to the Grantor by Tax Deed of record in the Office of the Judge of Probate of Lee County, Alabama, in Deed Book 2449, at Page 320.
409 Simmons Street
A part of Lot l, Block 210 as shown on Totten’s Real Estate Map of the Cit)1 of Opelika, Alabama, which is of record in Town Plat Book 2, on Page 9, in the Office of the .Judge of Probate of Lee County, Alabama, and being more particularly described as follows: beginning at the Southwest corner of Lot 1; thence northeasterly 100 feet; thence northwesterly 92 feet; thence southwesterly 100 feet to the cast line of Simmons Street; thence southeasterly along Simmons Street 95 feet to the point of beginning, all property being located in Section 12, Township 19 North, Range 26 East, Lee County, Alabama.
Being more commonly referred to as 409 Simmons Street, Opelika, AL and, also known as Tax Parcel 43-09-01-12-4-002-062.000.
The above-described parcels are located at 401 and 409 Simmons Street, Opelika, Alabama.
Section 2. Any ordinance or part thereof in conflict with the provisions of this Ordinance be and the same are hereby repealed.
Section 3. This Ordinance shall be published in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.
ADOPTED AND APPROVED this the 17th day of June, 2025.
/s/ Eddie Smith PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ Russell A. Jones, MMC CITY CLERK
TRANSMITTED TO MAYOR on this the 23rd day of June, 2025.
/s/ Russell A. Jones, MMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 23rd day of June, 2025.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ Russell A. Jones, MMC CITY CLERK
Legal Run 06/26/25
ORDINANCE NO. 017-25
AN ORDINANCE EXEMPTING PROCEEDS FROM THE SALE OF HEARING INSTRUMENTS FROM THE CITY OF OPELIKA’S SALES AND USE TAX
WHEREAS, effective October 1, 2024, and ending September 30, 2029, the State of Alabama has enacted a tax exemption excluding all gross proceeds from the sale or sales of hearing instruments, including hearing aids, from the State of Alabama sales and use taxes; and
WHEREAS, this state exemption did not automatically apply to municipal sales and use taxes, and the City of Opelika (the “City”) needed to pass its own ordinance to exempt hearing instruments from municipal sales and use taxes; and
WHEREAS, on August 20, 2024, the City Council of the City of Opelika, Alabama (the “Council”) adopted Ordinance No. 017-24 for the purpose of exempting hearing instruments from municipal sales and use taxes; and
WHEREAS, effective May 6, 2025, Act 2025-280 of the Alabama Legislature provides a standardized process for counties and municipalities to provide for corresponding exemptions that apply to state sales and use taxes; and
WHEREAS, Act 2025-280 contains the following provision:
“Notwithstanding any other law to the contrary, any municipal sales or use tax exemption adopted by a municipality pursuant to a general law enacted prior to the effective date of the Act shall cease to be effective beginning September 1, 2025, unless the municipality complies with subsections (a)(2) and (a)(3).”; and
WHEREAS, pursuant to Act 2025-280, the City’s exemption relating to the sale of hearing instruments will cease to be effective, unless the Council, on or before July 1, 2025, adopts an ordinance to renew said exemption for hearing instruments; and
WHEREAS, the Council desires to comply with the provisions of Act 2025-280 and to readopt the exemption relating to the sale of hearing instruments.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Opelika, Alabama, as follows:
Section 1. Hearing Instruments. In conformity with Alabama Code Section 40-23-4(a)(55), the City hereby exempts the gross proceeds from the sale or sales of hearing instruments, as defined in Alabama Code Section 34-14-1, including hearing aids, from the City of Opelika, Alabama’s sales and use tax effective October 1, 2025, and ending September 30, 2029.
Section 2. Effective Date. This ordinance shall become effective immediately upon its passage and publication as required by law.
Section 3. Publication. This ordinance shall be published one (1) time in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.
Section 4. Transmittal to Alabama Department of Revenue. The City Clerk is hereby authorized and directed to certify a copy of this ordinance under the seal of the City and to forward said certified copy to the Alabama Department of Revenue through the local government portal, which may be accessed at: https://www.revenue.alabama.gov/division/sales-use//under Local Governments.
ADOPTED AND APPROVED this the 17th day of June, 2025.
/s/ Eddie Smith PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ Russell A. Jones, MMC CITY CLERK
TRANSMITTED TO MAYOR on this the 23rd day of June, 2025.
/s/ Russell A. Jones, MMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 23rd day of June, 2025.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ Russell A. Jones, MMC CITY CLERK
Legal Run 06/26/25
RESOLUTION NO. 162-25
RESOLUTION APPROVING THE VACATION OF
EXISTING, UNOPENED RIGHTS-OF-WAY WITHIN A SUBDIVISION
ENTITLED “A RE-SUBDIVISION OF LOTS 4 AND 7, FOX RUN
INDUSTRIAL PARK, FIRST REVISION, FIRST ADDITION “
WHEREAS, FOX RUN PHASE V, LLC, an Alabama limited liability company, (hereinafter referred to as the “Petitioner”) is the owner of Lots 21-26, inclusive, and Lots 33-36, inclusive, within a subdivision entitled “A Resubdivision of Lots 4 and 7, Fox Run Industrial Park, First Revision First Addition” (hereinafter the “Subdivision), according to and as shown on the plat of said subdivision of record in Plat Book 13 at Page 61 in the Office of the Judge of Probate of Lee County, Alabama; and
WHEREAS, the Petitioner is the owner of all property abutting upon the existing unnamed and unopened street rights-of-way within the Subdivision; and
WHEREAS, a Petition to vacate said rights-of-way duly executed by the Petitioner as the abutting property owner, has been presented to the City Council (the “City Council”), of the City of Opelika, Alabama (the “City”), a municipal corporation, for the assent and approval of the governing body, said Petition with map attached being hereto affixed marked Exhibit “A” and made a part hereof; and
WHEREAS, the Petition is filed in accordance with the provisions of §23-4-20, Code of Alabama, 1975, which provides that any street or alley may be vacated, in whole or in part, by the owner or owners of the land abutting the street or alley or abutting that portion of the street or alley desired to be vacated; and
WHEREAS, the rights-of-way of the unnamed and unopened streets to be vacated are more particularly described as follows:
That certain unimproved right-of-way appearing on the northeast side of U. S. Highway No. 431/Fox Run Parkway as it appears on the Plat of a Re-subdivision of Lots 4 & 7, Foxrun Industrial Park, First Revision, First Addition, as recorded in Plat Book 13, Page 61, in the office of the Judge of Probate of Lee County, Alabama, more particularly described as follows:
Commencing at a found Goodwyn Mills and Cawood iron pin at the Southeast corner of Section 5, Township 19 North, Range 27 East, Opelika, Lee County, Alabama, said point being the Southeast corner of Lot 27 of Foxrun Industrial Park, thence N00°14’27”E, 192.42’ to a ½” pipe; thence N00°00’55”E, 158.93’ to a ½” rebar; thence N00°00’55”E, 229.61’ to a ¾” pipe; thence N00°03’19”E, 11.89’ to a calculated point in the un-named right of way to be vacated, said point is the Point of Beginning of said right of way being vacated herein: from this POINT OF BEGINNING thence following the right of way being vacated on the following courses and distances: S89°06’45”W, 270.62’ to the beginning of a curve; following said curve on a radius of 30.00’, an arc distance of 46.74’ and a chord of S44°28’45”W, 42.15’; S00°09’15”E, 78.58’ to a curve; following said curve a radius of 210.00’, an arc distance of 140.18’ and a chord of S18°58’07”W, 137.59’ to a point in the South line of the Holland Portion of Foxrun industrial Park; thence following the south line of the Holland property S89°45’25”W, 90.33’ to the right of way being vacated; thence along said right of way on the following courses and distances: following a curve on a radius of 150.00’, an arc distance of 157.55’ a chord of N29°56’07”E 150.40’; N00°09’15”W, 271.02’ to a curve; following said curve on a radius of 150.00’ an arc distance of 237.54’ and a chord of N45°31’15”W, 213.49’; S89°06’45”W, 699.66’ to the Western line of the Holland portion of Foxrun Industrial Park; thence following the Western line of the Holland Property N23°55’40”E, 66.10’ to the right of way being vacated; thence N89°06’45”E, 98.23’ to a curve; thence along a radius of 30.00’ an arc distance of 47.12’, a chord of N44°06’45”E, 42.43’; N00°53’15”W, 249.70’ to the South line of Foxrun Subdivision, Phase 1C (plat book 46, Page 46); thence along said Subdivision N89°06’59”E, 60.00’ to the right of way being vacated; thence along said right of way on the following courses and distances: S00°53’15”E, 249.69’ to a curve; following said curve on a radius of 30.00’ an arc distance of 47.12’ and a chord of S45°53’15”E, 42.43’; N89°06’45”E, 453.69’ to a curve; following said curve on a radius of 210.00’ and an arc distance of 332.56’ and a chord of S45°31’15”E, 298.88’; S00°09’15”E, 72.44’ to a curve; following said curve on a radius of 30.00’ and an arc distance of 47.51’ and a chord of S45°31’15”E, 42.70’; N89°06’45”E, 270.03’ to the Eastern line of Foxrun Industrial Park; thence along said Eastern line S00°34’09”E, 3.44’ to a found ¾” pipe; thence continue along said eastern line S00°03’19”W, 56.56’ to the Point Of Beginning.
WHEREAS, a map or survey showing the street rights-of-way to be vacated is attached hereto as Exhibit “B”’ and
WHEREAS, said rights-of-way to be vacated are not being used by anyone as a public road; and
WHEREAS, the Petition for Vacation states that no property owners will be deprived of any right they may have to convenient and reasonable means of ingress and egress to and from their property as a result of the requested vacation; and
WHEREAS, a public hearing was conducted by the City Council on the 3rd day of June, 2025, at which all persons were given the opportunity to be heard in favor of or in opposition to the proposed vacation; and
WHEREAS, public notice of the public hearing was provided in accordance with §23-4-2, Code of Alabama, 1975; and
WHEREAS, the City Council has determined that it is in the best interest of the City to vacate said existing and unopened rights-of-way.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Opelika that the vacation of the portion of the above-described rights-of-way are hereby vacated pursuant to the provisions of Section 23-4-20, et.seq. of the Code of Alabama, and also pursuant to said Code in §35-2-54.
BE IT FURTHER RESOLVED that Resolution No. 146-25 is hereby repealed.
BE IT FURTHER RESOLVED that the City of Opelika, Alabama, a municipal corporation, remise, release and quitclaim unto the Petitioner whatever right, title and interest the said City of Opelika, Alabama, may have acquired in and to the above-described rights-of-way by virtue of the dedication or vacation of said rights-of-way or otherwise.
BE IT FURTHER RESOLVED that this Resolution shall not prejudice the right of public utilities now operating utility lines, pipes, mains, equipment and facilities within the rights-of-way of the streets to be vacated. Any entities with utility lines, pipes, mains, equipment and facilities in place shall continue to have the rights set forth in Code of Alabama §23-4-20(f).
BE IT FURTHER RESOLVED that Gary Fuller, the Mayor of the City of Opelika, Alabama, a municipal corporation, be and he is hereby authorized and directed on behalf of the City of Opelika, Alabama, to execute a quitclaim deed to the Petitioner for the purpose of carrying out the intent and intention of this Resolution and that Russell A. Jones, City Clerk, be and he is hereby authorized and directed on behalf of the City of Opelika, Alabama, to attest the same.
BE IT FURTHER RESOLVED that the City Clerk will cause a copy of this Resolution to be filed in the Probate Office of Lee County, Alabama, and shall further cause a copy of this Resolution to be published once in a newspaper of general circulation in Lee County, Alabama, no less than fourteen (14) days after its adoption.
ADOPTED AND APPROVED this the 17th day of June, 2025.
/s/ Eddie Smith PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST: /s/ Russell A. Jones, MMC CITY CLERK
Legal Run 06/26/25
LEGAL NOTICE OF PUBLIC MEETING AND PUBLIC HEARING
OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
NOTICE is hereby given that the City Council (the “Council”) of the City of Opelika, Alabama, (the “City”) will meet in public session at 6:00 p.m. on Tuesday, July 8, 2025, in the Courtroom of the Opelika Municipal Court Building, 300 Martin Luther King Boulevard, Opelika, Lee County, Alabama, for the purpose of considering the transaction of business that may properly come before the Council, such business to include, but not be limited to, the authorization by the Council, pursuant to Section 94.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, of a resolution (the “Resolution”) approving the execution and delivery of a Project Development Agreement (the “Agreement”) by and between the City of Opelika, a municipal corporation (the “City”), and Opelika Mill Holdings, LLC, an Alabama limited liability company, (the “Company”) to be dated the date of delivery with respect to a proposed development to be located in the City (the “Project”).
Pursuant to the Agreement, the Company has acquired approximately 42 acres of real property (the “Property”) located within the Pepperell Village Historic District and located south of North 29th Street, east of Cunningham Drive and north of the railroad tracks. The Company intends to develop the Property in phases to include residential, retail and commercial uses. The buildout of the Project is expected to occur over the next ten to twelve years requiring a total estimated capital investment of approximately $125,650,000. The construction and development of the Project will, when completed, create approximately 143 new jobs and increase the City’s current tax base and tax revenues.
In consideration for the obligations of the Company under the Agreement, the City will agree to provide financial incentives to the Company described more particularly in the Agreement. The City has agreed to share with the Company an amount equal to fifty percent (50%) of City Sales Tax Proceeds actually generated and collected from the Project Area over a period of up to ten (10) years. The total City Commitment for shared Sales Tax Revenues will not exceed $500,000.
In addition, the City has agreed to construct road improvements to serve the Project, including, (1) a new roundabout at the intersections of N. 30th Street, Cunningham Drive and 1st Avenue; (2) reconstruction of N. 28th Street to intersect with the roundabout; and (3) relocation of a portion of 1st Avenue. The City has also agreed to construct certain perimeter electrical infrastructure improvements within the Project Area and to reimburse the Company up to $250,000 for sanitary sewer improvements within the Project Area.
The City seeks to achieve, by undertaking its obligations pursuant to the Agreement and the Resolution, to promote the local economic development of the City by facilitating the construction of the Project for the benefit of the general public, to promote the growth management and planning objectives of the City, to increase employment opportunities in the City and to increase the tax and revenue base of the City.
The business entity to whom or for whose benefit the City proposes to lend its credit or grant of public funds or thing of value is Opelika Mill Holdings, LLC.
All interested persons may examine and review the Agreement and Resolution and all relevant documents and make copies thereof at personal expense at the offices of the City Clerk and City Council during normal business hours, before and after the meeting referenced herein.
During the public meeting referenced above, the Council will conduct a public hearing with respect to the Agreement and the matters therein contained. All interested persons are invited to attend the public hearing and be heard. Written communications concerning the above matter may be mailed to the office of the City Clerk, 204 S. 7th Street, Opelika, Alabama 36801, at any time prior to the public hearing and may be further submitted to the City Council at the meeting and public hearing.
Further information concerning the information in this Notice can be obtained in the office of the City Clerk during normal business hours.
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 any disability.
DATED this the 26th day of June, 2025.
/s/ Russell A. Jones, MMC CITY CLERK OF THE CITY OF OPELIKA, ALABAMA
Legal Run 06/26/25
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN THE MATTER OF
DAVID E. GOOLSBY ESTATE
CASE NO.: 2025-339
NOTICE OF HEARING
TO: Thomas Michael Goolsby, Philip Wayne Goolsby, Jacqueline Eaves, Diane Thornton, Tommy Ray Goolsby, any unknown heirs of Dorothy Goolsby Johnson, any unknown heirs of Mary Goolsby Sanford, any unknown heirs of Cathlyn Goolsby Blankenship and any unknown heirs of David E. Goolsby.
Please take notice, on June 5, 2025, Charles D. Waltman and Donald L. Jackson filed a Petition to Probate Will of David E. Goolsby. It is ordered that the 5th day of August 2025, at 11:00 a.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 don’t deem it proper.
Done this the 18th day of June, 2025
JERE COLLEY
JUDGE OF PROBATE LEE COUNTY, ALABAMA
Robert H. Pettey
Samford & Denson, LLP’
P.O. Box 2345
Opelika, AL 36803-2345
(334) 745-3504
Legal run 06/26/25, 07/03/25, 07/10/25
IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA
IN RE: THE ESTATE OF
NANCY DEBORAH BROOKS RAY, DECEASED
CASE NO: 2025-138
NOTICE TO CREDITORS
TAKE NOTICE that Letters of Administration have been granted to Ronald F. Ray as Administrator for the Estate of Nancy Deborah Brooks Ray, deceased, on October 25, 2017, by the Honorable Jere Colley, Judge of Probate Court of Lee County. 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 will be barred.
Done this the 10th day of June, 2025.
Jere Colley, Probate Judge
Lee County, Alabama
Legal Run 06/26/25, 07/03/25 & 07/10/25
