IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA
Case No.: CV-2023-900216
SPRAYBERRY REAL ESTATE PARTNERS, LTD.,
Plaintiff, v.
A Parcel of Real Property described as:
Lot 1-A, Landmark Subdivision, according to and as shown by that certain map or plat thereof of record in Town Plat Book 11, at Page 29, in the Office of the Judge of Probate
of Lee County, Alabama, And Landmark Partnership, Ltd., (Sarah) Lucy
(Little) Hammond, and/or the unknown heirs of (Sarah) Lucy (Little) Hammond, John R.
(Rudolph) Little, and/or the unknown heirs of John R. (Rudolph) Little, et al, Defendants.
NOTICE OF ACTION
To: All Defendants herein, whose whereabouts are unknown and which cannot be ascertained after the exercise of reasonable diligence.
You are hereby notified that on the 13th day of June, 2023, a complaint to quiet title was filed in the Circuit Court of Lee County, Alabama, and the following are the names of all parties to the action: Sprayberry Real Estate Partners, Ltd., as Plaintiff; and, Landmark Partnership, Ltd., Charles Tyler Clark, Leigh Clark Marshall, Katherine Marshall Dyer, Molly Marshall Giddens, Mary Mackey DeArment, William Austin Wear, Robert Euguene Webb, Sue Doup Donaldson, Anne Doup, Michael L. Doup, Carol Chandler Doup, Gary L. Webb, and Gregory A. Webb, as Defendants;
AND, (Sarah) Lucy (Little) Hammond, and/or the unknown heirs of (Sarah) Lucy (Little) Hammond; and, John R. (Rudolph) Little, and/or the unknown heirs of John R. (Rudolph) Little; and, James Felton Little, and/or the unknown heirs of James Felton Little; and, (Charlotte) Louise (Little) Hammond, and/or the unknown heirs of (Charlotte) Louise (Little) Hammond; and, Virginia (Blount) (Little) Watts, and/or the unknown heirs of Virginia (Blount) (Little) Watts; and, Charles Hubert Webb, and/or the unknown heirs of Charles Hubert Webb; and, David (Lawrence) Webb, and/or the unknown heirs of David (Lawrence) Webb; and, Eleanor Webb Hayt, and/or the unknown heirs of Eleanor Webb Hayt; and, Leigh M. (Mallett) Clark, and/or the unknown heirs of Leigh M. (Mallett) Clark; and, Charlotte (Judson) Clark, and/or the unknown heirs of Charlotte (Judson) Clark; and, C. (Charles) Edward Clark, and/or the unknown heirs of C. (Charles) Edward Clark; and, James Lewis Clark, and/or the unknown heirs of James Lewis Clark; and, Julia Ann (Clark) Wear, and/or the unknown heirs of Julia Ann (Clark) Wear; and, Mary Leigh (Clark) Schensnol, and/or the unknown heirs of Mary Leigh (Clark) Schensnol, as additional Defendants, all of whose heirs, executors and/or administrators are unknown and cannot be ascertained after the exercise of due diligence, and which are believed to have claimed some right, title, interest or claim in and to the property described as follows:
Lot 1-A, Landmark Subdivision, according to and as shown by that certain map or plat thereof of record in Town Plat Book 11, at Page 29, in the Office of the Judge of Probate of Lee County, Alabama.
All persons having an interest in said lands or any portion thereof, claiming any title thereto or any encumbrance or lien thereon, are hereby directed to plead, answer, or otherwise respond to the Complaint on or before the expiration of 30 days after the last publication of this notice, or thereafter suffer judgment by default to be rendered against them, it being intended that this notice shall be used to perfect service against all parties who cannot be personally served with a copy of the Complaint.
Done this the 21st day of July, 2023
/s/ Mary Roberson
Mary Roberson Circuit Court Clerk, Lee County
J. Brandon Rice
Davis, Bingham, Hudson & Buckner, P.C.
724 North Dean Road, Suite 100
Auburn, AL 36830
Legal Run 07/27/2023, 08/03/2023, 08/10/2023 & 08/17/2023
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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN THE MATTER OF THE ESTATE OF PAMELA JORDAN GRYSKI, DECEASED
Case No.: 2023-300
NOTICE TO CREDITORS
Take Notice that Letters Testamentary of said deceased having been granted to Mike Murphy on the 31st day of May, 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 07/27/2023, 08/03/2023 & 08/10/2023
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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, August 3, 2023 at 10:00AM
Unit 333
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 07-27-2023
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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE:THE ESTATE OF PLENIE LOU JOHNSON,
DECEASED. TAKE NOTICE that Letters Testamentary having been granted to Johnny Johnson, as Executor of the Estate of Plenie Lou Johnson, deceased, on the 10th day of July, 2023, 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.
Johnny Johnson, Executor Of the Estate of Plenie Lou Johnson, Deceased
Marrell J. McNeal, Attorney at Law, PC
PO Box 308
Opelika, AL 36803
334-745-7033
Legal Run 07/27/2023, 08/03/2023 & 08/10/2023
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ORDINANCE NO. 022-23
AN ORDINANCE RENAMING MEDIA GENERAL DRIVE
TO WYNDHAM INDUSTRIAL COURT
WHEREAS, the former site of the Opelika-Auburn News (the “Newspaper”) has a small public road that connects the rear of the property with Wyndham Industrial Drive; and
WHEREAS, this drive was named Media General Drive after the parent company of the Newspaper; and
WHEREAS, this property has been repurposed and is being used by another company; and
WHEREAS, the new company has requested that the City change the name of the street to something more generic and not tied to the old company; and
WHEREAS, the Planning Commission has recommended that the name be changed to Wyndham Industrial Court; and
WHEREAS, the City Council has found and determined that it is now in the best interest of the City and its citizens to approve the request to rename the street.
NOW, THEREFORE, BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. That the City Council hereby approves the renaming of Media General Drive to Wyndham Industrial Court.
Section 2. That the City Clerk is directed to file a certified copy of the Ordinance with the Lee County Probate Office.
Section 3. That the U.S. Postal Service, the E-911 Emergency System, the Lee County Revenue Commissioner, the Opelika Police Department, the Opelika Fire Department, the ambulance services and all utility and telephone companies shall be notified of the name change.
Section 4. That the Director of Public Works is hereby authorized and directed to post signs or other appropriate markings designating the street as Wyndham Industrial Court.
Section 5. That this ordinance shall become effective and enforced immediately upon its passage and publication as required by law.
Section 6. That the City Clerk of the City of Opelika, Alabama is hereby authorized and directed to cause this Ordinance to be published one (1) time in a newspaper of general circulation published in the City of Opelika, Lee County, Alabama.
ADOPTED AND APPROVED this the 18th day of July, 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 19th day of July, 2023.
/s/ Russell A. Jones, CMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 19th day of July, 2023.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ Russell A. Jones, CMC CITY CLERK
Legal Run 07/27/2023
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ORDINANCE NO. 021-23
AN ORDINANCE TO AMEND THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF OPELIKA (THE LANDING ENTERTAINMENT DISTRICT)
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)In 2020, the City Council heretofore approved a Planned Unit Development (“PUD”), consisting of approximately 32.45 acres, located along Gateway Drive just south of U.S. Interstate 85.
(b) Broad Metro, LLC, (the “Applicant”) is requesting to add 14.86 acres to the existing PUD, thereby creating a modified PUD known as The Landing Entertainment District.
(c)The Applicant is requesting that 14.86 acres be rezoned from a C-2 District (Office/Retail District) to a Planned Unit Development (“PUD”).
(d)The Applicant is requesting approval of a revised development plan (master plan) for the PUD which includes the 14.86 acres being added to the PUD.
(e)The proposed revised development plan is a mixed commercial development consisting of a coffee shop, a Texas Roadhouse Restaurant, retail outlets, restaurants, quick service restaurants with drive thrus, hotels and an outdoor recreational facility. A fueling station and welcome center has already been constructed within the boundaries of the PUD. The development will take access by extending Capps Landing across Gateway Drive and by extending Capps Drive across Gateway Drive.
(f)On April 25, 2023, 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.
(g)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 REVISED DEVELOPMENT PLAN. The revised 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 AND ENTERTAINMENT DISTRICT. 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) to a Planned Unit Development (PUD) on the official zoning map of the City.
Texas Roadhouse Parcel
0.56 acre, more or less, located in Sections 24 and 25, Township 19 North, Range 26 East, of Lee County, Alabama, and being more fully described as follows: Commencing at an iron pin set on the Northeasterly right-of-way of Capps Drive, thence leaving said right-of-way South 64° 05; 28″ East for 282.62 feet to an iron pin set for a corner; thence South 22° 24′ 24″ West for 93.92 feet to an iron pin found to a corner; thence North 59° 25′ 00″ East for 322.08 feet to an iron pin found for a corner located on the right-of-way of Capps Drive; thence along said right-of-way a chord bearing of North 51° 41′ 44″ East for 74.99 feet and the point of beginning.
Capps Parcel Addition
A tract or parcel of land containing 14.29 acres located in the S1/2 of Section 24, Township 19 North, Range 26 East, Lee County, Alabama, and being more particularly described as follows: Begin at a 1-1/4 inch open top pipe at the southwest corner of the SE1/4 of said Section 24; thence N88°43’56″W 225.52 feet to a 1/2 inch rebar with orange cap stamped AL CA 718 LSF000600 on the northeast right-of-way limit of Freddie Way; thence along said northeast right-of-way limit N42°47’04″W 381.76 feet to a 1/2 inch rebar with orange cap stamped AL CA 718 LSF000600; thence leaving said right-of-way N38°53’54″E 736.91 feet to a 7/8 inch solid iron with orange cap stamped MCCRORY 12493; thence S88°57’50″E 252.72 feet to a point on the east line of an existing sanitary sewer line easement; thence along the east line of said easement S24˚36’05”E 158.18 feet to a point; thence continue along the east line of said easement S11˚43’26”E 120.45 feet to a point; thence continue along the east line of said easement S41˚07’22”E 231.78 feet to a point; thence S23˚21’21”E 344.41 feet to a point on the west line of said easement; thence S00˚06’39”E 100.38 feet to a point; thence S89˚53’21”W 331.40 feet to a 5/8 inch rebar with yellow cap stamped BASELINE CA0922; thence S89˚53’21”W 278.74 feet to the point of beginning.
The above-described property, containing approximately 14.86 acres, is located at the intersection of Gateway Drive and Interstate 85.
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.
ADOPTED AND APPROVED this the 18th day of July, 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 19th day of July, 2023.
/s/ Russell A. Jones, CMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 19th day of July, 2023.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ Russell A. Jones, CMC CITY CLERK
Legal Run 07/27/2023
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SYNOPSIS OF ZONING NOTICE
The City Council of the City of Opelika will hold a public hearing on Tuesday, August 15, 2023, at 6:00 p.m. in the Courtroom of the Opelika Municipal Court Building, 300 Martin Luther King Boulevard, Opelika, Lee County, Alabama, to consider the adoption of an ordinance to amend the Zoning Ordinance and the Zoning Map of the City of Opelika by rezoning or redistricting the parcel of land hereinafter described so as to change such parcel from one class of district to another class of district, as follows:
From a R-1 District (Rural District) to a R-2 District (Low Density Residential District), the parcel of land hereinafter described:
ALL THAT TRACT OR PARCEL OF LAND lying and being located in Section 1, Township 19 North, Range 26 East, City of Opelika, Lee County, Alabama. Commencing from an iron pin found (1/2” rebar w/ cap – AL CA 718) at the Northeast corner of Lot 47, Cannon Gate Subdivision, being recorded in Plat Book 42, Page 167; Thence South 88 degrees 40 minutes 28 seconds West, a distance of 121.87 feet to an iron pin set (1/2” rebar w/ cap – GRAY), said pin being the POINT OF BEGINNING. From said POINT OF BEGINNING, South 88 degrees 40 minutes 28 seconds West, a distance of 394.66 feet to an iron pin found (1/2” rebar w/ cap – PRECISION); Thence North 88 degrees 03 minutes 00 seconds West, a distance of 27.92 feet to a concrete monument found; Thence South 89 degrees 24 minutes 21 seconds West, a distance of 36.25 feet to an iron pin found (3/4” open top pipe); Thence North 17 degrees 48 minutes 11 seconds East, a distance of 509.70 feet to a point; Thence North 82 degrees 07 minutes 35 seconds East, a distance of 269.14 feet to an iron pin set (1/2” rebar w/ cap – GRAY); Thence South 06 degrees 02 minutes 34 seconds East, a distance of 214.86 feet to an iron pin set (1/2” rebar w/ cap – GRAY); Thence South 02 degrees 36 minutes 20 seconds East, a distance of 300.24 feet to an iron pin set (1/2” rebar w/ cap – GRAY), said pin being the POINT OF BEGINNING.
Said tract containing 4.180 acres or 182,088 square feet.
The above-described property contains 4.18 acres, more or less, and is accessed from Oak Bowery Road, Opelika, Alabama.
Public Notice of this public hearing with insertion of the proposed ordinance was first published on July 20, 2023, in The Opelika Observer. This notice is given pursuant to Sections 11-52-78 and 11-52-85, Code of Alabama (1975).
At said public hearing, all who desire to be heard shall have the opportunity to speak for or in opposition to said ordinance. Written comments concerning the above matter may be mailed to the City Clerk at 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 the public hearing.
Please contact Brian Weiss, the City’s ADA Coordinator, at 334-705-5134 at least two (2) working days prior to the meeting if you require special accommodations due to any disability.
THIS NOTICE is given under my hand this the 27th day of July, 2023.
/s/ Russell A. Jones, CMC CITY CLERK OF THE CITY OF OPELIKA, ALABAMA
Legal Run 07/27/2023
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SYNOPSIS OF ZONING NOTICE
The City Council of the City of Opelika will hold a public hearing on Tuesday, August 15, 2023, at 6:00 p.m. in the Courtroom of the Opelika Municipal Court Building, 300 Martin Luther King Boulevard, Opelika, Lee County, Alabama, to consider the adoption of an ordinance to amend the Zoning Ordinance and the Zoning Map of the City of Opelika by rezoning or redistricting the parcel of land hereinafter described so as to change such parcel from one class of district to another class of district, as follows:
From a M-1 District (Industrial District) to a C-2 District (Office/Retail District), the parcel of land hereinafter described:
Lot 1, Block 1, OP ELIKA MANUFACTURING CORPORATION PROPERTY,
according to and as shown by that certain map or plat thereof of record in Town Plat Book 4, at Pages 49 and 50, in the Office of the Judge of Probate of Lee County, Alabama.
The above-described property contains 7,324 square feet, more or less, and is located at 1625 1st Avenue, Opelika, Alabama.
Public Notice of this public hearing with insertion of the proposed ordinance was first published on July 20, 2023, in The Opelika Observer. This notice is given pursuant to Sections 11-52-78 and 11-52-85, Code of Alabama (1975).
At said public hearing, all who desire to be heard shall have the opportunity to speak for or in opposition to said ordinance. Written comments concerning the above matter may be mailed to the City Clerk at 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 the public hearing.
Please contact Brian Weiss, the City’s ADA Coordinator, at 334-705-5134 at least two (2) working days prior to the meeting if you require special accommodations due to any disability.
THIS NOTICE is given under my hand this the 27th day of July, 2023.
/s/ Russell A. Jones, CMC CITY CLERK OF THE CITY OF OPELIKA, ALABAMA
Legal Run 07/27/2023
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NOTICE TO CREDITORS
Take Notice that LETTERS OF ADMINISTRATION were granted to Anthony Edward Carpenter on the Estate of Amanda Christine Carpenter, deceased, on the 17th day of July, 2023 by Honorable Bill English.
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.
BILL ENGLISH
JUDGE OF PROBATE
Legal Run 07/27/2023, 08/03/2023 & 08/10/2023
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NOTICE OF PUBLIC SALE
The following occupants at Bent Creek Storage, 2357 E Glenn Ave, Auburn AL 36830, are in default of rent.
CONTENTS WILL BE SOLD AT AUCTION on StorageAuctions.com on 08/08/2023.
Tina Houston
Unit 2119 appears to contain 2 TVs, décor, plastic containers, plastic bag, misc. Boxes, 4 pillows, 4 tires, and misc. items
Legal Run 07/27/2023
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STORAGE 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:
1412 Opelika Rd. Auburn, AL 36830 Thursday, August 3,2023@ 10:00 AM
Unit 249
Unit 288
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 07/27/2023
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INVITATION TO BID 23039
Sealed bids for the construction of the
Opelika Parks & Recreation Calhoun Complex Retrofit Lighting Project
shall be received at the Opelika City Hall 2nd Floor Conference Room, 204 South Seventh Street, Opelika, Alabama, until 2:00 p.m., local time on Monday, August 28, 2023, and then publicly opened and read aloud. Only bids from competent general contractors will be considered. The successful bidder must be a properly licensed general contractor. The attention of all bidders is called to the provisions of State law governing “General Contractors” as set forth in the Ala. Code §34-8-1, et. seq. (1975) and rules and regulations promulgated pursuant thereto. Bidders must be licensed by the Licensing Board for General Contractors when bids are submitted. A State of Alabama General Contractor License is required with a specialty construction classification in Electrical.
All bidders must submit with their proposal, contractor’s license number and a copy of the license. State law Ala. Code §34-8-8(b) requires all bids to be rejected which do not contain the contractor’s current license number. Evidence of this license shall be documented on the outside of the sealed bid. All bidders shall possess all other licenses and/or permits required by applicable law, rule or regulation for the performance of the work.
Specifications may be obtained from the Purchasing Department located at 204 S 7th Street, Opelika, Alabama, and phone number: 334-705-5120. Bid documents may also be downloaded from the City’s website at www.opelika-al.gov/bids.aspx.
The bidder’s proposal must be submitted on the complete original proposal furnished to him by the City of Opelika. All information in the proposal must be completed by the bidder for the proposal to be accepted.
A certified check or Bid Bond payable to the City of Opelika, Alabama in an amount not less than five percent (5%) of the amount of the bid, but in no event more than $10,000.00 must accompany the bidder’s sealed proposal – refer also to Instructions to Bidders. Performance and statutory labor and material payment bonds for the full contract sum will be required of the successful bidder at the signing of the Contract. The right is reserved by the Owner to reject all Bids and to waive irregularities.
Envelopes containing bids must be sealed, marked, addressed as follows, and delivered to: Lillie Finley, Purchasing/Revenue & Codes Director, City of Opelika, 204 South 7th Street, P.O. Box 390, Opelika, Alabama, 36803-0390. Attn: Opelika Parks & Recreation Calhoun Complex Retrofit Lighting Project
LILLIE FINLEY- PURCHASING/REVENUE & CODES DIRECTOR CITY OF OPELIKA
204 SOUTH SEVENTH STREET (36801)
POST OFFICE BOX 390 (36803-0390) OPELIKA, ALABAMA
PH: (334) 705-5121
Legal Run 07/27/23, 08/03/23 & 08/10/23
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