Meeting Type: BCC Regular Meeting
Meeting Date: 4/2/2024
Item Status: New
From: Jay Dickson, Planning Director
Submitted by: Cory Rhodes, Planner
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ITEM TITLE
Title
Correction to Resolution #2024-065 Approved During the February 20, 2024, Regular Meeting
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STAFF RECOMMENDATION
Recommendation
Approve a correction to the legal description in Resolution #2024-065 adopted by the BCC on February 20, 2024, which identifies and describes the rezoned property (Case No. Z23-46 - Dyas Property), to read as follows:
A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT A 5/8 INCH REBAR FOUND BEING THE NORTHWEST CORNER OF SAINT AUGUSTINE PHASE 2, AS SHOWN IN MAP OR PLAT THEREOF RECORDED ON SLIDE 2470-A, PROBATE RECORDS, BALDWIN COUNTY ALABAMA, SAID POINT ALSO BEING ON THE EAST RIGHT OF WAY OF RIGSBY ROAD; THENCE RUN N00°15'35"E, ALONG SAID EAST RIGHT-OF-WAY, A DISTANCE OF 1120.77 FEET, MORE OR LESS, TO A POINT ON THE SOUTHWESTERLY LINE OF A 100 FEET ALABAMA POWER COMPANY EASEMENT, RECORDED IN DEED BOOK 194, PAGE 285, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA; THENCE RUN S47°18'36"E, ALONG SAID SOUTHWESTERLY LINE OF POWER EASEMENT, A DISTANCE OF 1648.70 FEET, MORE OR LESS, TO A 5/8 INCH CAPPED REBAR FOUND (CA-1109-LS) AT THE NORTHEAST CORNER OF SAINT AUGUSTINE PHASE 3, AS SHOWN IN MAP OR PLAT THEREOF RECORDED ON SLIDE 2470-B, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA; THENCE RUN S89°51'50"W, ALONG THE NORTH LINE OF SAINT AUGUSTINE PHASE 3 (SLIDE 2470-B) AND CONTINUING ALONG THE NORTH LINE OF SAINT AUGUSTINE PHASE 2 (SLIDE 2470-A), A DISTANCE OF 1216.93 FEET TO THE POINT OF BEGINNING.
TRACT CONTAINING 15.66 ACRES, MORE OR LESS.
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BACKGROUND INFORMATION
Background: This action will correct the legal description to correctly reflect the number of acres approved to be rezoned from 38 to 19.
Previous Commission action/date: February 20, 2024 (Agenda Item ES1) - Adopted Resolution #2024-065, which approved Case No. Z23-46, Dyas Property Rezoning.
FINANCIAL IMPACT
Total cost of recommendation: N/A
Budget line item(s) to be used: N/A
If this is not a budgeted expenditure, does the recommendation create a need for funding? N/A
LEGAL IMPACT
Is legal review necessary for this staff recommendation and related documents?
N/A
Reviewed/approved by: N/A
Additional comments: N/A
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? N/A
If the proof of publication affidavit is not attached, list the reason: N/A
FOLLOW UP IMPLEMENTATION
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: Commission Administration
Action required (list contact persons/addresses if documents are to be mailed or emailed):
Dewberry Engineers, Inc.
25353 Friendship Road
Daphne, Alabama 36526
cc: Jay Dickson, Cory Rhodes
Additional instructions/notes: Admin - Replace Resolution in Res folder; upload corrected to BCAP; Notate correction date and reason on minutes attachment list for 02/20/24 meeting AND in Res master; Save corrected/signed version in 2/20 and 4/2 meeting folders as “CORRECTED.”
Planning and Zoning Department - Amend Zoning Map.