Notice of Action by Publication:
Michael L. Maddox et al. v. LeRoy Moss, et al., Civil Action NO. 43-CV-2023-900058.
was filed in the Circuit Court of Lee County, Alabama on to-wit: February 9. 2023, seeking by Declaratory Judgment to Quiet Title in rem and for a Sale for Division to the property located in Lee County, Alabama and described as follows:
From a point where the apparent south boundary of the Northeast Quarter of Section 28, Township 20 North, Range 24 East, in Lee County, Alabama, intersects the
centerline of an 18-foot-wide unpaved road, run thence on a magnetic bearing of North 72 degrees 29 minutes East for 19.9 feet to a point which is 19 feet east of the
centerline of said unpaved county road, which is the point of beginning of the parcel of land here intended to be described; thence run along said road North 09 degrees 49 minutes East 300 feet to a point; thence leaving said road run East 290.4 feet to
a point; thence run South 09 degrees 49 minutes West for 300 feet to a point; thence run West 290.4 feet to the point of beginning, containing 2.0 acres, more or less, and being situated in the Northeast Quarter of Section 28, Township 20 North, Range 24
East, in Lee County, Alabama
TO: ALL PERSONS claiming present, future, contingent, remainder, reversion, or other interest in said lands or any portion thereof, claiming any title thereto or lien thereon: You are hereby notified that the above-styled action was filed against you on February 9, 2023, and that by Order entered by the Court, you are hereby commanded to plead, answer, or otherwise respond to the complaint within 30 days of the last publication, the 1 5 t h day of May, 2023, or thereafter suffer judgment in rem to be rendered against you because this notice shall be used to perfect service against all parties who cannot be personally served with a copy of the complaint, Your response must be filed with Mary B. Roberson, Clerk, Circuit Court of Lee County, Alabama, Lee County Justice Center, 2311 Gateway Drive, Suite 104, Opelika, AL 36801, and served upon attorneys for the Plaintiff,
Agricola Law, LLC, 127 South 8th Street, Opelika, AL 36801. Plaintiffs’ attorney’s telephone number is (334) 759-7557
Done this March 24th day of 2023.
/s Mary B. Roberson
Clerk, Circuit Court of Lee County, Alabama
Legal Run 03/30/2023,04/06/2023 & 04/13/2023
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NOTICE OF APPOINTMENT
ESTATE OF ELLEN ELIZABETH BRYANT, DECEASED
COURT OF PROBATE LEE COUNTY
Letters Testamentary of said deceased having been granted to the
undersigned on the 23’d day of March, 2023, 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 23rd day of March, 2023.
VICKIE MARIE HORNE
Legal Run 03/30/2023, 04/06/2023 & 04/13/2023
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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN THE MATTER OF THE ESTATE OF DORIS D. MAPLE, DECEASED.
CASE NO.:2023-169
NOTICE TO CREDITORS
Take Notice that Letters Testamentary of said deceased having been granted to Vickie Jo Wilds on the 29th day of March,, 2023, by the Honorable Bill English, Judge of the 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.
J. TUTT BARRETT
P.O. Box 231
Opelika, AL 36803-0231
Legal Run 04/06/2023, 04/13/2023 & 04/20/2023
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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: THE ESTATE OF MONETTE B. COCHRAN, DECEASED
NOTICE OF APPOINTMENT
Letters Testamentary under the Last Will and Testament of said deceased having been granted to Mona Cochran Silvey on or about the 14th day of March 2023, by the Honorable Bill English, Judge of Probate Court of Lee County, Alabama, notice is hereby given that all person having claims against said estate are hereby required to present the same within the time allowed by law or the same will be barred.
Mona Cochran Silvey
Personal Representative
Josh J. Mitchell, Esq.
BOULOUKOS, OGLESBY & MITCHELL, LLC
Attorney for Personal Representative 2017 Second Avenue North, First Floor Birmingham, Alabama 35203-3703 Phone: 205/322-164 l
Legal Run 04/06/23, 04/13/2023, 04/20/2023
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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN THE MATTER OF S.J.R., a minor in need of a Conservator
CASE NO: 2021-676
NOTICE OF PARTIAL SETTLEMENT
Notice is hereby given that Samantha Johnson, Conservator of S.J.R., a minor child, has filed in the Probate Court of Lee County, Alabama, her accounts, vouchers and statements for a Partial Settlement of the Conservatorship of S.J.R. A hearing has been set for the 25th day of May, at 1:00 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.
Done this the 31st day of March 2023.
Bill English Judge of Probate
Legal Run 4/6/23, 4/13/23 & 4/20/23
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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE:THE ESTATE OF KATRICE ANN WILLIAMS, DECEASED
CASE NO. 2023-088
NOTICE TO CREDITORS
TAKE NOTICE that Letters of Administration having been granted to LARRY JEROME WILLIAMS, as Administrator of the Estate of KATRICE ANN WILLIAMS, deceased, on the 30th day of March, 2023, by the Honorable BILL ENGLISH, Judge of Probate.
NOTICE IS HEREBY GIVEN that a11 persons having claims against the said Estate are hereby required to present the same within the time allowed by Jaw or the same will be barred.
LARRY JEROME WILLIAMS,
Administrator of the Estate of KATRICE ANN WILLIAMS, deceased.
Legal Run 4/6/23, 4/13/23 & 4/20/23
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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
CASE NO.: 2023-149
IN THE MATTER OF THE ADOPTION PETITION OF JAMES RONALD HALL AND
WANDA COX HALL
PUBLICATION NOTICE
TO: Randy Lamar Lynn Jr., Address Unknown
Please take notice that a Petition for Adoption was filed in the Probate Court of Lee County, Alabama by James Ronald Hall and Wanda Cox Hall on March 22, 2023, for the adoption of L.M.L. born on September 7, 2012, in Opelika, Alabama to Christina Leigh Lynn and Randy Lamar Lynn Jr.
A hearing has been set in the Lee County Probate Court, Opelika, Alabama. Should you
intend to contest this adoption you must file a written response with the attorney for the petitioner, Hon. Jason C. Riggs, P.0. Box 954, Aubumn, AL 36831 and with the Clerk of the Probate Court of Lee County, Alabama, P.O. Box 2266, Opelika, AL 36803 as soon as possible but no later than thirty (30) days from the last day this notice is published
Dated on this the 23’d day of March 2023.
HON. BILL ENGLISH
JUDGE OF PROBATE
LEE COUNTY, ALABAMA
Legal Run 4/6/23, 4/13/23, 4/20/23 & 4/27/23
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IN THE MATTER OF THE ESTATE OF MICHAEL WILDRED LORD, DECEASED
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Case No: 2023-151
Letters Testamentary on the estate of said decedent having been granted to the undersigned on the 22nd day of March, 2023, 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.
PHILLIP CLINTON LORD Personal Representative
Robert H. Pettey
Samford & Denson, LLP
P.O. Box 2345
Opelika, AL 36803-2345
(334) 745-3504
Legal Run 4/6/23, 4/13/23 & 4/20/23
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IN THE MATTER OF THE ESTATE OF CAROLYN SUE LORD, DECEASED
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Case No: 2023-152
Letters Testamentary on the estate of said decedent having been granted to the undersigned on the 22nd day of March, 2023, 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.
PHILLIP CLINTON LORD
Personal Representative
Robert H. Pettey
Samford & Denson, LLP
P.O. Box 2345
Opelika, AL 36803-2345
(334) 745-3504
Legal Run 4/6/23, 4/13/23, 4/20/23
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INVITATION FOR BIDS
Sealed bids will be received by the Board of Water and Sewer Commissioners of the City of Mobile, Alabama (“Board”), at the Wesley A. James Operations Center, 4725 Moffett Road, Suite A, Mobile, AL 36618-0249 until 12:00 p.m., Local Time, May 1, 2023, and then publicly opened and read at 1:00 P.M., for furnishing all labor, materials, and performing all work for the following project: Contract No.: 10358538, Project Name: Causeway Water Main Replacement.
The project is funded by the Alabama Department of Environmental Management State Revolving Fund (SRF) Loan Program. The selected bidder shall comply with all conditions and requirements of the program as they pertain to this Project.
Plans and Specifications may be inspected at the offices of HDR Engineering, Inc., 25 West Cedar Street, Suite 200, Pensacola, FL 32502. Plans and Specifications may be obtained from Mindy Heym, Telephone: (850) 429-8900, or Mindy.Heym@hdrinc.com. Questions regarding the Contract Documents must be submitted electronically to HDR (via Heath.Hardy@hdrinc.com) no later than April 24, 2023, in order for responses to be provided via addendum prior to the bid date.
Electronic files of the Plans, Specifications, and other Contract Documents along with select hard copy bid forms may be obtained from Mindy Heym at HDR, at 25 W. Cedar Street, Suite 200, Pensacola FL. 32502, upon a non-refundable payment of $50.00 per set. A CD and Documents may also be mailed at the request of the bidder upon receipt of the $50 payment and provided a FedEx account number is provided for the shipping charges. No Contract documents will be issued later than twenty-four (24) hours prior to bid submission time.
A mandatory Pre-Bid Conference will be held at the MAWSS Wesley A. James Operations Center Board Room, 4725 Moffett Road, Mobile, AL 36618 on April 19, 2023, at 9:00 A.M., Local Time, to discuss bidding and project requirements. Virtual attendance of the Pre-Bid Meeting will also be allowed via a Webex Link to be provided upon request. Prospective bidders and subcontractors should attend. Attendees representing the prospective contractor must be an employee of the company with experience in bidding jobs.
Bids must be submitted on the standard forms included with the Contract Documents.
Envelopes containing bids must be sealed and delivered to the Director, Board of Water and Sewer Commissioners of the City of Mobile, Alabama, 4725A Moffett Road, Mobile, Alabama 36618-0249: “Bid for constructing (Contract No.) 10358538, Causeway Water Main Replacement, to be opened at 1:00 p.m., Local Time, May 1, 2023”. The Bidder’s Alabama State Contractor’s License Number and discipline shall be on the envelope.
Bid guarantee in the form of certified check, bid bond, or Irrevocable Letter of Credit acceptable to the Board will be required for at least 5% of the bid amount, not to exceed $10,000.
The Board reserves the right to reject any and all bids and to waive any informality in bids received.
THIS INVITATION FOR BIDS IS CONDENSED FOR ADVERTISING PURPOSES. ADDITIONAL INFORMATION/REQUIREMENTS FOR BIDDERS CAN BE FOUND IN THE CONTRACT DOCUMENTS.
THE BOARD OF WATER AND SEWER COMMISSIONERS OF THE CITY OF MOBILE, ALABAMA
Legal Run 04/13/2023 & 04/20/2023
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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 25, 2023 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.
A. Approval of Minutes
B. Update on Previous PC Cases
C.Conditional Use – Public Hearing
1.A public hearing on a request by Chris Taylor, authorized representative for Marrell Hartley,
property owner, for a conditional use approval for auto sales and auto repair in a C-3, GC-S
zoning district at 1418 2nd Avenue.
D.Rezoning – Public Hearing
2a. An agenda item related to a rezoning request concerns an amendment to the Future Land UseMap for 197 acres accessed from Anderson Road and Andrews Road from a low density residential to a mixed use development land use category. If the Planning Commission votes to send a positive recommendation to the City Council to rezone the 197 acres and Council approves the rezoning, then approval of said amendments to the Future Land Use map will be approved.
2b. A public hearing to consider a recommendation to the City Council on a request by Blake Rice, Barrett-Simpson, Inc., authorized representative of 280 Land Company LLC, property
owner, to rezone 197 acres accessed from Anderson Road and Andrews Road from R-3 to PUD (Edgefield Farm).
3a. An agenda item related to a rezoning request concerns an amendment to the Future Land Use Map for 17.95 acres accessed at 820 Crawford Road from a medium density residential category to a mixed use development land use category. If the Planning Commission
votes to send a positive recommendation to the City Council to rezone the 17.95 acres and
Council approves the rezoning, then approval of said amendments to the Future Land Use map will be approved.
3b. A public hearing to consider a recommendation to the City Council on a request by Blake Rice, Barrett-Simpson, Inc., authorized representative of SMB Land, LLC, property owner, to rezone 17.95 acres accessed at 820 Crawford Road. from R-3 to PUD (Knollwood).
4a. An agenda item related to a rezoning request concerns an amendment to the Future Land Use Map for 42.73 acres accessed at 3001 Gateway Drive from a mixed use and light commercial land use category to a retail-entertainment land use category. If the Planning Commission votes to send
a positive recommendation to the City Council to rezone the 42.73 acres and Council approves the rezoning, then approval of said amendments to the Future Land Use map will be approved.
4b. A public hearing to consider a recommendation to the City Council on a request by Brett Basquin, Foresite Group, LLC, authorized representative of Broad Metro, LLC, Greg
Edney/Eagle Vol Opelika LLC, and Capps Farm Partnership LTD, property owners, to rezone 42.73 acres accessed at 3001 Gateway Drive from a PUD & C-2 zone to a PUD zone.
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 04/13/2023
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MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain Mortgage dated October 22, 2021 executed by Jeffery Potter and Andrea Potter (collectively, “Mortgagor”) to United Bank recorded on November 18, 2021, recorded in Mortgage Book 4810, page 193, in the Probate Office of Lee County, Alabama, United Bank, the holder of the Mortgage, under and by virtue of the power of sale contained in said Mortgage will sell, at public outcry to the highest bidder for cash, in front of the main entrance of the Lee County Courthouse located at 215 South 9th Street, Opelika, Alabama 36801 on May 4, 2023, during the legal hours of sale, the following described real estate situated in Lee County, Alabama:
Lot 815, according to the Survey of Grove Hill-Ingleside Subdivision, as recorded in Town Plat Book 21, page 76, in the Probate Office of Lee County, Alabama.
Property address: 1510 Montrose Road, Auburn, AL 36830
All recording references herein are to the Office of the Judge of Probate of Lee County, Alabama. This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.
Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.
The holder of the Mortgage makes no representation or warranty as to the physical condition of the real estate and/or any improvements thereon. The above-described property will be sold: (i) on an “as is” basis, subject to any unpaid taxes, all reservations and restrictions contained in prior deeds and all other matters of record, including restrictive covenants and easements for road rights of way, utilities or rights of ingress and egress; (ii) without representation, warranty or recourse, express or implied, as to title, condition, use and/or enjoyment of the property; and (iii) subject to the statutory right of redemption. This sale is subject to being postponed or cancelled.
United Bank, mortgage holder
By: Christopher H. Ezell, Esq.
Attorney for United Bank
JONES WALKER LLP
11 N. Water Street, Suite 1200
Mobile, AL 36602
(251) 439-7508
Legal Run 04/13/2023, 04/20/2023, & 04/27/2023
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NOTICE OF MORTGAGE FORECLOSURE
WHEREAS, default has been made in the terms of the Mo1tgage executed on the 5th day of April, 2022, by Sonja Love Collins, as Mortgagor in favor of KAAM Enterprises, LLC, as Mortgagee, as recorded in the Office of the Judge of Probate of Lee County, Alabama, in Real Property Book 8, at Page 179, and said default continuing, the mortgagee, under power of sale contained in said mortgage will sell at auction for cash to the highest bidder on the steps of the Lee County Courthouse in Lee County, Alabama on Monday, May 15, 2023, during the legal hours of sale, the following described real estate embraced in said Mortgage and Mortgage Modification, situated in Lee, Alabama, to-wit:
“Lot 5, Kendrick Subdivision, according to and as shown on map or plat of said subdivision of record in Town Plat Book 8, at Page 179, in the Office of the Judge of Probate of Lee County, Alabama.”
THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED. THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.
Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.
Said sale is made for the purpose of foreclosing of said mortgage, paying the mortgage debt, the costs and expenses of foreclosure, including a reasonable attorney’s fee. Mortgagee reserves the right to bid on the subject property. Said mortgage is a first mortgage and is not junior to another mortgage of record. Said sale is also subject to unpaid taxes or assessments whether of record or not. This sale is subject to postponement or cancellation.
KAAM Enterprises, LLC, Mortgagee
Brandon F. Poticny
Davis, Bingham, Hudson & Buckner, P.C. Attorney for Mortgagee
724 N. Dean Road, Suite 100, Auburn, AL 36830
Legal Run 04/13/2023, 04/20/2023 & 04/27/2023
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TREASURES AUCTION
Extra Space Storage will hold a public auction to sell personal property described below belonging to those individuals listed below at the location indicated:
1242 N Dean Rd, Auburn, AL 36830 Thursday, April 20, 2023 at 10:00AM
Unit 49
The auction will be listed and advertised on www.storagetreasures.com. Purchases must be made with cash only and paid at the above referenced facility in order to complete the transaction. Extra Space Storage may refuse any bid and may rescind any purchase up until the winning bidder takes possession of the personal property.
Legal Run Date 04-13-23
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DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY
Proposed Flood Hazard Determinations for Lee County, Alabama and Incorporated Areas
The Department of Homeland Security’s Federal Emergency Management Agency has issued a preliminary Flood Insurance Rate Map (FIRM), and where applicable, Flood Insurance Study (FIS) report, reflecting proposed flood hazard determinations within Lee County, Alabama and Incorporated Areas. These flood hazard determinations may include the addition or modification of Base Flood Elevations, base flood depths, Special Flood Hazard Area boundaries or zone designations, or the regulatory floodway. Technical information or comments are solicited on the proposed flood hazard determinations shown on the preliminary FIRM and/or FIS report for Lee County, Alabama and Incorporated Areas. These flood hazard determinations are the basis for the floodplain management measures that your community is required to either adopt or show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program. However, before these determinations are effective for floodplain management purposes, you will be provided an opportunity to appeal the proposed information. For information on the statutory 90-day period provided for appeals, as well as a complete listing of the communities affected and the locations where copies of the FIRM are available for review, please visit FEMA’s website at https://www.floodmaps.fema.gov/fhm/BFE_Status/bfe_main.asp or call the FEMA Mapping and Insurance eXchange (FMIX) toll free at 1-877-FEMA MAP (1-877-336-2627).
Legal Run 04/13/2023 & 04/20/2023
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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN THE MATTER OF THE ADOPTION PETITION OF JOSHUA MONCRIEF AND ALEXIS MONCRIEF
CASE NO.: 2023-011
PUBLICATION NOTICE
TO: Iverson Elijah Jones and any other potential unknown father,
Please take notice that a Petition for Adoption was filed in the Probate Court of Lee County, Alabama by Joshua Moncrief and Alexis Moncrief on March 21, 2023, for the adoption of D.S.J. born on January 2, 2023, in Opelika, Alabama to Paris Nicole Tolar and Iverson Elijah Jones.
A hearing has been set in the Lee County Probate Court, Opelika, Alabama. Should you intend to contest this adoption you must file a written response with the attorney for the petitioner, Hon. Katherine M. Hoyt, I 14 North 9th Street, Opelika, AL 3680 I and with the Clerk of the Probate Court of Lee County, Alabama, P.O. Box 2266, Opelika, AL 36803 as soon as possible but no later than thirty (30) days from the last day this notice is published.
Dated on this the 3rd day of April 2023.
BILL ENGLISH
JUDGE OF PROBATE
LEE COUNTY, ALABAMA
LEGAL RUN 04/13/23, 4/20/23, 4/27/23 & 5/4/23
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IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA
IN THE MATTER OF THE ESTATE OF CLARENCE WATTS, DECEASED
Case No.: 2023-173
NOTICE TO CREDITORS
Letters Testamentary of said deceased having been granted to Benjamin H. Parr, Personal Representative on the 4th day of April, 2023, 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 or the same will be barred.
Legal Run 04/13/2023, 04/20/2023 & 04/27/2023
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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: The Estate of Mario Lateef Mitchell Deceased,
Case Number: 2022-4 78
NOTICE TO CREDITORS
TAKE NOTICE that Letters of Administration have been granted to Arlicia Mitchell as Administrator of the Estate of Mario Lateef Mitchell deceased, on the 23rd Day of March, 2023 by the Honorable Bill English, Judge of Probate.
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.
Arlicia Mitchell,
Personal Representative of the Estate of Mario Lateef Mitchell
Legal Run 04/13/2023, 04/20/2023 & 04/27/2023
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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
The Estate of Aaron Ferison, Deceased
Case Number 2023-083
NOTICE TO CREDITORS
TAKE NOTICE that Letters of Administration have been granted to Kelle Fergison as Administrator of the Estate of Aaron Fergison deceased, on the 28th day of March, 2023 by the Honorable Bill English,Judge of Probate.
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.
Kelle Fergison, ·
Personal Representative of the Estate of Aaron Fergison
Legal Run 04/13/2023, 04/20/2023 & 04/27/2023
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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Notice of the filing of Petition for Summary Distribution
In the Estate of SIDNEY ALLEN CARTER, JR.
Deceased
Case No: 2023-176
Notice is hereby given that a Petition for Summary Distribution has been filed in
the Lee County Probate Office by Merry Jane Hagood Carter on April 4, 2023
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 04/13/2023
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ORDINANCE NO. 010-23
AN ORDINANCE TO PRE-ZONE PROPERTY LOCATED ON THE SOUTH SIDE OF COLUMBUS PARKWAY TO A PLANNED UNIT DEVELOPMENT
(FIREFLY SUBDIVISION 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) Rodney C. Jones and Laurie S. Jones, the owners of 209.71 acres located in the 3200 block of Columbus Parkway within the unincorporated area of Lee County, Alabama, have requested that said property be pre-zoned to a Planned Unit Development (PUD) prior to annexing into the City of Opelika.
(b) Said real property is located on the south side of Columbus Parkway (U.S. Highway 280) and is more particularly described as follows:
Commencing and beginning at a found 4”x4” concrete monument 0.40’ Southwest of a 1” crimp top iron pin, said concrete monument accepted at the Southwest corner of Section 14, Township 19, Range 27 East, Opelika, Lee County, Alabama, said point being the Southwest corner and the Point of Beginning of the parcel described herein: from this POINT OF BEGINNING, thence North 01°07’22” West, a distance of 119.43 feet to a 1” crimp top iron pin; thence North 00°44’26” West, a distance of 199.62 feet to a 1” crimp top iron pin; thence North 00°48’54” West, a distance of 304.19 feet to a 1” crimp top iron pin; thence North 00°18’09” West, a distance of 294.77 feet to a 1” crimp top iron pin; thence North 00°33’53” West, a distance of 104.09 feet to a 1” crimp top iron pin; thence North 00°18’21” West, a distance of 191.44 feet to a 1” crimp top iron pin; thence North 00°24’22” West, a distance of 401.28 feet to a 1” crimp top iron pin; thence North 00°23’32” West, a distance of 989.11 feet to a 1” crimp top iron pin 37.1 feet East of another 1” crimp top iron pin; thence North 01°45’04” East, a distance of 1534.43 feet to a set ½” rebar by Precision Surveying (CA788) 6” from a fence corner in the South right of way of US Highway 280; thence along said right of way South 83°01’03” East, a distance of 643.83 feet to a 4”x4” disturbed concrete monument; thence along said right of way along a curve concave to the south having a radius of 2824.80 feet and a chord which bears South 72°17’12” East 1102.83 feet for an arc distance of 1109.95 feet to a set ½” rebar (CA788); thence continue along US Highway 280 South 61°31’03” East, a distance of 416.27 feet to a 1 ½” crimp top iron pin; thence leaving US Highway 280 South 00°28’12” East, a distance of 2546.01 feet to a set ½” rebar (CA788); thence South 88°03’58” East, a distance of 723.36 feet to a painted rock accepted as the property corner; thence South 01°35’00” East, a distance of 1073.94 feet to a 1 ½” crimp top iron pin at a fence corner; thence North 87°37’08” West, a distance of 2855.88 feet to the Point of Beginning.
Said parcel lies within Section 14, Township 19, Range 27 East, Opelika, Lee County, Alabama and contains 209.71 ACRES, more or less.
The above-described property contains 209.71 acres, more or less, and is located in the 3200 Block of Columbus Parkway (U.S. Highway 280).
(c) Holland Homes, LLC, an Alabama limited liability company (the “Company”) has an option to purchase the above-described real property.
(d) The Company, with the consent of the owners of record, heretofore submitted to the City a development plan for a planned unit development (“PUD”) entitled “Firefly Subdivision PUD” consisting of approximately 209.71 acres.
(e) The proposed development is a residential development consisting of approximately 599 residential units. The residential units will consist of three product types: single-family detached homes, twin homes and townhomes. The development will include platted open space and amenity areas totaling over 100 acres. Planned amenities include quad lawns for entertainment, a dog walk with community firepit, an artificial turf putting green, bocce ball court and a pool and pavilion. The proposed density of the development is 2.86 dwelling units per acre.
(f) At a regular meeting of the Planning Commission on January 24, 2023, the Commission did vote to send a report to the City Council recommending approval of the pre-zoning request and approval of the development plan.
(g) Due notice of said pre-zoning request has been provided to the public as required by law through publication.
(h) The City Council of the City of Opelika, after due consideration, finds and determines that the application for pre-zoning of the above-described real property is proper and in the best interest of the citizens of the City of Opelika, Alabama.
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. ZONING. The above-described real property is hereby pre-zoned to a Planned Unit Development (PUD). Upon annexation of said property, the property shall be designated the PUD District and the zoning ordinance and zoning map shall be amended to reflect said zoning. Should the annexation not occur prior to the expiration of the pre-zoning as set forth in Section 6, this pre-zoning shall have no effect, and the property shall remain in the unincorporated area of Lee County, Alabama.
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 AND EXPIRATION DATE. This Ordinance and in particular the pre-zoning shall take effect after the date of its approval by the City Council of the City of Opelika and publication as required by law. Pursuant to the Code of Alabama (1975), §11-52-85, the zoning of the property shall become effective upon the date the territory is annexed into the corporate limits. If any portion of the territory is not annexed into the corporate limits within 180 days of the initiation of annexation proceedings as provided by law, then the pre-zoning shall be null and void. Should the pre-zoning become null and void, the applicant may reapply for re-zoning at any time as long as an annexation petition is pending.
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.
ADOPTED AND APPROVED this the 4th day of April, 2023.
/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 5th day of April, 2023.
s/ Russell A. Jones, CMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 5th day of April, 2023.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ Russell A. Jones, CMC CITY CLERK
Legal Run 04/13/2023
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ORDINANCE NO. 011-23
ORDINANCE ANNEXING CERTAIN PROPERTY INTO THE CORPORATE LIMITS OF THE CITY OF OPELIKA
(Property located in the 3200 Block of Columbus Parkway (U.S. Highway 280))
WHEREAS, Rodney C. Jones and Laurie S. Jones, husband and wife, (hereinafter referred to as the “Petitioners”) being the owners of the property hereinafter described, heretofore filed a Petition for Annexation (the “Petition”) with the City of Opelika, Alabama, a municipal corporation, a copy of which is attached hereto as Exhibit “A”, requesting the annexation of certain property as more particularly described below; and
WHEREAS, Petitioners are the owners of all of the lands described in their Petition; and
WHEREAS, the territory to be annexed is contiguous to the existing corporate limits of the City of Opelika and does not embrace any territory within the corporate limits of another municipality, and when annexed into the City of Opelika will form a homogenous part of the City; and
WHEREAS, the City Council of the City of Opelika did find and determine that it is in the best interest of the public that said property be annexed into the City of Opelika and it did further determine that all legal requirements for annexing said real property have been met pursuant to Sections 11-42-20 through 11-42-24, Code of Alabama (1975).
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Opelika, Alabama as follows:
Section 1. The City Council of the City of Opelika, finds and declares, as the legislative body of the City of Opelika, that it is in the best interest of the citizens of the City of Opelika, and the citizens of the affected area, to bring the territory described in Section 2 of this Ordinance into the corporate limits of the City of Opelika.
Section 2. The following described property be, and the same is hereby annexed into the corporate limits of the City of Opelika, Alabama, and the boundary lines and corporate limits of the City of Opelika, Alabama shall be extended, altered and rearranged to include within the corporate limits of the City of Opelika, in addition to the territory now included therein, all the following territory, to wit:
Commencing and beginning at a found 4”x4” concrete monument 0.40’ Southwest of a 1” crimp top iron pin, said concrete monument accepted at the Southwest corner of Section 14, Township 19, Range 27 East, Opelika, Lee County, Alabama, said point being the Southwest corner and the Point of Beginning of the parcel described herein: from this POINT OF BEGINNING, thence North 01°07’22” West, a distance of 119.43 feet to a 1” crimp top iron pin; thence North 00°44’26” West, a distance of 199.62 feet to a 1” crimp top iron pin; thence North 00°48’54” West, a distance of 304.19 feet to a 1” crimp top iron pin; thence North 00°18’09” West, a distance of 294.77 feet to a 1” crimp top iron pin; thence North 00°33’53” West, a distance of 104.09 feet to a 1” crimp top iron pin; thence North 00°18’21” West, a distance of 191.44 feet to a 1” crimp top iron pin; thence North 00°24’22” West, a distance of 401.28 feet to a 1” crimp top iron pin; thence North 00°23’32” West, a distance of 989.11 feet to a 1” crimp top iron pin 37.1 feet East of another 1” crimp top iron pin; thence North 01°45’04” East, a distance of 1534.43 feet to a set ½” rebar by Precision Surveying (CA788) 6” from a fence corner in the South right of way of US Highway 280; thence along said right of way South 83°01’03” East, a distance of 643.83 feet to a 4”x4” disturbed concrete monument; thence along said right of way along a curve concave to the south having a radius of 2824.80 feet and a chord which bears South 72°17’12” East 1102.83 feet for an arc distance of 1109.95 feet to a set ½” rebar (CA788); thence continue along US Highway 280 South 61°31’03” East, a distance of 416.27 feet to a 1 ½” crimp top iron pin; thence leaving US Highway 280 South 00°28’12” East, a distance of 2546.01 feet to a set ½” rebar (CA788); thence South 88°03’58” East, a distance of 723.36 feet to a painted rock accepted as the property corner; thence South 01°35’00” East, a distance of 1073.94 feet to a 1 ½” crimp top iron pin at a fence corner; thence North 87°37’08” West, a distance of 2855.88 feet to the Point of Beginning.
Said parcel lies within Section 14, Township 19, Range 27 East, Opelika, Lee County, Alabama and contains 209.71 ACRES, more or less.
The above-described property contains 209.71 acres, more or less, and is located in the 3200 Block of Columbus Parkway (U.S. Highway 280).
Section 3. A map or plat of a survey describing the territory annexed and showing its relation to the corporate limits of the City of Opelika shall be attached to this ordinance, marked Exhibit “B” and made a part hereof.
Section 4. The Clerk of the City of Opelika is hereby authorized and directed to file with the Probate Judge of Lee County, Alabama, a certified copy of this ordinance, together with a certified copy of the petition of the property owner and the Clerk is further directed to take all necessary and proper steps to perfect the annexation of said territory herein described.
Section 5. This ordinance shall be published as provided by law in a newspaper of general circulation in the City of Opelika, Alabama.
Section 6. The territory described in this ordinance shall become a part of the corporate limits of the City of Opelika upon publication of this ordinance as set forth in Section 5 above.
ADOPTED AND APPROVED this the 4th day of April, 2023.
/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 5th day of April, 2023.
s/ Russell A. Jones, CMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 5th day of April, 2023.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ Russell A. Jones, CMC CITY CLERK
Legal Run 04/13/2023
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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: THE MATTER OF WANDA SZOSTAK
CASE NO. 2016-A-168
NOTICE OF HEARING
Notice is hereby given that an Annual Return for the Conservatorship of Wanda Szostak, was filed by Conservator, Peter Szostak requesting approval of an annual accounting. A hearing has been set for the 22nd day of May 2023 at 10:00 a.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.
BILL ENGLISH – Judge of Probate, Lee County, Alabama
Legal Run 4/13/2023, 4/20/2023, 4/27/2023
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NOTICE OF AUCTION OF ABANDONED VEHICLES.
BEST 4 LESS will be auctioning off The below mentioned vehicles on TUESDAY, MAY 16, 2023. This Auction will be held at 2509 LAFAYETTE PARKWAY, OPELIKA,
ALABAMA, 36801 at 10:00 a.m. If you have any questions in regards to either of the vehicles please give call at 334-705-0000.
VIN#
5TBDT48134S436351 2004 TOYOTA TUNDRA
1YVHP80D54N66030 – 2004 MAZDA MAZDA 6
5TDZA22C56S459943 – 2006 TOYOTA SIENNA
1G1AP14PX67830667 – 2006 CHEVROLET COBALT
Legal Run 04/13/2023, 04/20/2023
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NOTICE OF ABANDONED MOBILE HOME SALE
1998 Fleetwood Weston E, Cream/Brown mobile home (Vin#GAFLV75A30821WT12) located at 1518 Lee Road 270, Lot 24, Cusseta, AL 36852.
Public Sale will be held at 1518 Lee Road 270, Lot 24, Cusseta, AL 36852.
Public Sale Date: Friday, April 21, 2023 Sale time: 10:00 a.m. No sealed bids will be accepted.
Contact for information Naomi Wadkins at (334)703-6465.
Legal run on 4/13/23 & 4/20/23
