NOTICE OF PUBLIC HEARING
OPELIKA CITY COUNCIL
May 17, 2022, 7:00 P.M.
NOTICE IS HEREBY GIVEN in accordance with §23-4-2, Code of Alabama, 1975, that the City Council of the City of Opelika will conduct a Public Hearing during the regularly scheduled City Council meeting on Tuesday, May 17, 2022, beginning at 7:00 p.m. in the Courtroom of the Opelika Municipal Court Building, 300 Martin Luther King Boulevard, Opelika, Lee County, Alabama, to receive the benefit of public input concerning a proposal to vacate a portion of the right-of-way of South 10th Street. All persons interested in the proposed vacation are invited to appear at the public hearing and express their views. Written statements or objections may be submitted to the City Clerk prior to the time of the hearing.
The portion of South 10th Street proposed to be vacated is more particularly described as follows:
A portion of Lot 11, Block 48, of Totten’s Official Real Estate Map of Opelika, Alabama, as recorded in Plat Book 2, Page 9, in the Office of the Judge of Probate of Lee County, Alabama, described as follows: Commencing at a ¾” square rod at the northeast corner of Lot 10, Block 48 of Totten’s Map, in Opelika, Lee County, Alabama, said point being on the southwesterly right of way line of Geneva Street; thence S15°30’31″E, along said right of way line, 83.72 feet to a pair of ½” pipes side-by-side, bent; thence S37°03’01”W, 2.41 feet to a broken 6” square concrete monument and the True Point of Beginning of the Parcel of Land herein described; thence, continuing southwesterly along said right of way line, being a curve concave northwesterly, and having a radius of 25.00 feet, an arc length of 12.35 feet, a chord bearing of S23°16’03”W, and a chord length of 12.23 feet to a ½” rebar set with a cap marked LS18677; thence continuing southwesterly along said right of way line, being a curve concave southeasterly, and having a radius of 50.00 feet, an arc length of 52.03 feet, a chord bearing of S7°36’44”W, and a chord length of 49.71 feet to a ½” rebar set with a cap marked LS18677; thence, leaving said right of way line, S67°48’13”W, 66.99 feet to a ½” rebar set with a cap marked LS18677 on the northeasterly right of way line of 10th Street; thence, along said right of way line, N42°08’52”W, 72.59 feet to a ½” rebar set with a cap marked LS18677; thence, leaving said right of way line, N75°19’24”E, 126.27 feet to the True Point of Beginning.
Being further described according to and as shown on that certain survey or drawing prepared by Mark L. Miller, Registered Surveyor, attached hereto and marked Exhibit “A”.
A copy of the Petition to Vacate and the proposed resolution approving the vacation will be available upon request at the office of the City Clerk, 1st Floor of City Hall, 204 South 7th Street, Opelika, Alabama.
Please contact Brian Weiss, the City’s ADA Contact Person, at 334-705-5134 at least two (2) working days prior to the meeting if you require special accommodations due to a disability.
DATED this the 14th day of April, 2022.
/s/ Russell A. Jones, CMC
RUSSELL A. JONES, CITY CLERK
Legal Run 4/14/22, 4/21/22, 4/28/22 & 5/5/22
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NOTICE OF MORTGAGE FORECLOSURE
WHEREAS, default has been made in the terms of the mortgage executed on the 8th day of March, 2021, by Minnie Elaine Martin, as mortgagor in favor of Linda Bolt, as mortgagee, as recorded in the Office of the Judge of Probate of Lee County, Alabama, in Mortgage Book No. 4699, at Pages 738 – 742, 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 Opelika, Alabama on Tuesday, the 17th day of May, 2022, during the legal hours of sale, the following described real estate embraced in said mortgage, situated in Lee County, Alabama, to-wit:
A tract or parcel of land designated as Lot 2-B2 containing 1.99 acres of land with all improvements thereon as shown on that survey dated 10-08-2020 of the Property Subdivision for James Bolt Redivision of Lot 2 Redivision of Lot 2-B, Section 16, Township 20N, Range 29 East Lee County, Alabama and being of record in the Office of the Judge of Probate of Lee County, Alabama in Book 44 at Page 67.
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.
_/s/ Linda Bolt______
Linda Bolt, Mortgagee
Charles M. Ingrum, Jr.
Attorney for Mortgagee
830 Avenue A, Suite A Opelika, AL 36801
Legal Run 4/14/22, 4/21/22, 4/28/22 & 5/5/2022
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FORM OF ADVERTISMENT FOR COMPLETION
LEGAL NOTICE
In accordance with Chapter 1, Title 39, Code of Alabama, 1975, as amended, notice is hereby given, that WHATLEY CONSTRUCTION, LLC has completed the contract for The Beulah Athletic Park Concession and Restroom building located at 11099 Lee Road 379, Valley, AL 36854 and The Beauregard Athletic Park Concession and Restroom building located at 480 Lee Road 431, Opelika, AL 36804 for the Lee County Commission, owner, and have made request for final settlement of said Contract. All persons having any claim for labor, materials, or otherwise in connection with this project should immediately notify:
Foresite Group, LLC 2128 Moores Mill Rd., Suite C, Auburn, AL 36830
WHATLEY CONSTRUCTION, LLC / CONTRACTOR
P.O. BOX 137,
OPELIKA, AL 36802
Legal Run 4/14/22, 4/21/22, 4/28/22 & 5/5/22
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IN THE PROBATE COURT IN THE MATTER OF THE ESTATE OF CHARLOTTE REED WARD, DECEASED
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
CASE NO. 2022- 200
NOTICE TO CREDITORS
TAKE NOTICE that Letters Testamentary of said deceased having been granted to Emma Ward Morris, on the 11th day of April, 2022, by the Honorable 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 the time allowed by law or the same will be barred.
Emma Ward Morris, Personal Representative
Legal Run 04/21/22, 04/28/2022 & 05/05/2022
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Opelika Self Storage will hold a public auction to sell personal property described below belonging to those individuals listed below at the location and time indicated:
710 Columbus Pkwy, Opelika AL 36801 Friday, May 13, 2022 at 1:00PM CST
Jakacia Smith – Unit 1222
3300 Boromville Rd
Hurtsboro, AL 36860
couches, beds, bed frames, dressers, misc furniture
The auction will be listed and advertised on www.lockerfox.com. Purchases must be made with credit card only and paid at the above referenced facility in order to complete the transaction. Opelika Self Storage may refuse any bid and may rescind any purchase up until the winning bidder takes possession of the personal property. Legal Run 04/28/2022 & 05/05/2022
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IN THE MATTER OF THE ESTATE OF MARY SUE CRAIG, DECEASED.
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Case No: 2022-225
Letters Testamentary on the estate of said decedent having been granted to the undersigned on the 21st day of April, 2022, 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.
ROBERT C. CRAIG
Personal Representative
Robert H. Pettey
Samford & Denson, LLP
P.O. Box 2345
Opelika, AL 36803-2345
Legal Run 4/28/22, 5/5/22 & 5/12/22
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In the Matter of the Estate of Arowneter Grant, Deceased
Case No 2021-734
NOTICE OF APPOINTMETN OF ADMINISTRATOR AND NOITCE TO FILE CLAIMS
Letters of Adminstration of the Estate of Arowneter Grant, deceased, having been granted to the undersigned, Everna Moss, on the 19th day of April, 2022, by the Honorable Bill English, 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/ Enverna Moss
Enverna Moss, Administrator
Legal Run 4/28/22, 5/5/22 & 5/12/22
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Notice of auction of abandoned vehicles. BEST 4 LESS will be auctioning off The below mentioned vehicles on MAY 25, 2022. 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.
3A8FY48B08T125474 – 2008 CHRYSLER PT CRUISER
Legal Run 04/28/22 & 05/05/22
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IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA
IN THE MATTER OF THE ESTATE OF ROBERT CLYDE WELDON, deceased
CASE NO.: 2022-241
NOTICE TO CREDITORS
Letters Testamentary of said deceased having been granted to Jennifer Coker, Personal Representative on the 28th day of April, 2022, by Honorable Bill English, Judge of Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
Jennifer Coker
Legal Run 05/05/2022
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ORDINANCE NO. 011-22
ORDINANCE ANNEXING CERTAIN PROPERTY INTO THE CORPORATE LIMITS OF THE CITY OF OPELIKA
(Property located on the west side of Lafayette Parkway)
WHEREAS, William B. Lowe, Jr., and Mary Susan Haines (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 owned by the Petitioners as more particularly described below; and
WHEREAS, the 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 (substantially surrounded by the City limits) 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, 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:
Beginning at the northwest corner of the southeast quarter of Section 19, Township 20 North, Range 27 East in Lee County, Alabama; thence N88°26’09”E, 2125.60 feet to the southwesterly right of way line of Lafayette Parkway (U. S. Highway No. 431); thence S34°51’32”E, along said right of way line, 260.73 feet, more or less; thence, leaving said right of way line, S69°50’11”W, 2378.50 feet, more or less, to the ½-section line of the said Section 19; thence N2°24’43”W, along said ½-section line, 976.66 feet, more or less, to the True Point of Beginning.
Said Parcel of Land lying in Section 19, Township 20 North, Range 27 East in Lee County, Alabama, and containing 31 Acres, more or less.
The above-described property contains 31 acres, more or less, and is located on the west side of Lafayette Parkway near Cusseta Road and Lee Road 168.
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 owners 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 3rd day of May, 2022. /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 4th day of May, 2022.
/s/ Russell A. Jones, CMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 4th day of May, 2022. /s/ Gary Fuller MAYOR
ATTEST:
/s/ Russell A. Jones, CMC
CITY CLERK
LEGAL RUN 05/05/2022
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ORDINANCE NO. 010-22
AN ORDINANCE AMENDING SECTION 2-161 OF THE CODE OF ORDINANCES OF THE CITY OF OPELIKA, ALABAMA BY CHANGING THE TIME OF THE REGULAR MEETINGS AND WORK SESSIONS OF THE CITY COUNCIL
BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. Amendment. That Section 2-161 of the Code of Ordinances (the “Code”) of the City of Opelika, Alabama, is hereby amended to read as follows:
Sec. 2-161 Meetings
(a)Regular meetings. Regular meetings of the city council shall be held on the first and third Tuesday of each month. In the event any regular meeting shall fall on an official city holiday, such meeting shall be held on the following Tuesday. All meetings shall convene at 6:00 p.m. in the courtroom of the Municipal Court Building, 300 Martin Luther King Boulevard, Opelika, Alabama. All meetings, regular and special, shall be open to the public.
(b)Work sessions. Work session meetings shall be held immediately prior to regular City Council meetings at 5:30 p.m. Additional work sessions may be established by majority vote of the City Council.
(c)Special meetings. Special meetings shall be called as provided in Code of Ala. 1975, § 11-43-50 and according to the following provisions:
(1) The president of the city council may call for a special meeting.
(2) The mayor may request the president of the council to call a special meeting. Such request shall be in writing and shall state the purpose and time of the special meeting. Such request shall be signed by the mayor.
(3) Two members of the city council may request the president of the council to call a special meeting. Such request shall be in writing and shall state the purpose and time of the special meeting. Such request shall be signed by the councilmembers making the request.
(4) If the president of the council refuses to call a special meeting at the request of the mayor or two councilmembers, the president of the council shall notify the mayor or the two councilmembers of the denial of the request. After such notification, or if the president fails to notify the mayor or the two councilmembers within 24 hours of the request, the mayor or the two councilmembers making the request may then call for a special meeting.
(5) No special meeting or emergency meeting shall be called unless the appropriate notification can be provided to the public in accordance with the Code of Ala. 1975, § 36-25A-3.
(d)Change of meeting date. In the event it becomes necessary to change the date of any regularly scheduled meeting or work session, the Council shall provide public notice in accordance with Code of Ala. 1975 §36-25A-3.
Section 2. Severability Clause. If any section, sentence or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, said holding shall not affect the remaining portions of this ordinance.
Section 3. Repealer Clause. All former ordinances or parts thereof conflicting or inconsistent with this ordinance are repealed.
Section 4. Effective Date. This ordinance shall become effective on June 1, 2022.
Section 5. Publication. 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 3rd day of May, 2022.
/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 4th day of May, 2022.
/s/ Russell A. Jones, CMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 4th day of May, 2022.
/s/Gary Fuller MAYOR
ATTEST:
/s/Russell A. Jones, CMC
CITY CLERK
LEGAL RUN 05/05/2022