ORDINANCE NO. 23-74
BE IT ORDAINED by the City Council of the City of Huntsville, Alabama, that Section 83 Commercial Collection Practice, of Article III Storage and Collection, of Chapter 22, Solid Waste, of the Code of Ordinances, City of Huntsville, is hereby amended to read as follows:
Sec. 22-83. Commercial Collection Practice:
Commercial garbage collection may, at the discretion of the Director of Public Works Services, be provided by the sanitation division, as requested, for commercial establishments within the City on a once-per-week-basis. All such services by the sanitation division shall be by means of approved cans, bags or city provided automated containers. The owners and persons in possession, charge or control of each commercial establishment, and in the case of premises designed or intended for multiple occupancy, the owners and property management company (including the agents) are responsible for removal of all acceptable waste from such premises, and for its delivery to an authorized receiving facility. Private containerized collected shall be provided by licensed haulers in accordance with health and safety standards. If the Director of Public Works Services determines in his or her sole discretion that resources may need to be reallocated to serve residential accounts, then the Director shall have authority to terminate collection of garbage collection for any commercial account.
This ordinance shall become effective upon its adoption, approval and publication as required by law.
ADOPTED this the 9th day of February, 2023.
APPROVED this the 9th day of February, 2023.
/s/ John Meredith
President of the City Council of
the City of Huntsville, Alabama
APPROVED this the 9th day of February, 2023.
/s/ Tommy Battle
Mayor of the City of Huntsville,
Alabama
ORDINANCE NO. 23-75
BE IT ORDAINED by the City Council of the City of Huntsville, Alabama, that Sections 22.4 and 22.13 of Ordinance No. 04-315 (Personnel Policies and Procedures Manual), as adopted and approved on De- cember 16, 2004, as amended, is hereby further amended as follows:
22.4 USE OF CITY VEHICLES
(A) The Mayor or Department Head shall have the authority to assign and designate the use of a City vehicle, within provisions of applicable ordinances, to an employee for the purpose of conducting official City business.
(B) City vehicles may be operated only by employees of the City on City business.
(C) City vehicles shall not be used to transport persons other than City employees, except in connec- tion with the effective execution of official duties for the City of Huntsville. A non-employee shall be permitted to accompany an employee who is on out-of-town City business, if such person signs a release of the City and its agents prior to such trip.
(D) City employees who may be required to perform duties before or after normal working hours may be authorized to carry a vehicle home on those nights when he/ she is performing such duties. These employees must deliver prior authorization from or through their immediate supervisor to the appropriate motor pool administrator. If an employee is called out unexpectedly, he/she will be expected to use his/her personal vehicle and will be reimbursed at per mile rate equal to the rate currently recognized by the United States Internal Revenue Service. All requests for mileage payments shall be made on a “City of Huntsville Local Mileage Report”.
(E) Any employee authorized to use a motor pool vehicle shall be responsible for properly logging the vehicle in and out at the motor pool office as well as entering the required trip information into the vehicle log contained in the vehicle for each trip.
(F) When an employee regularly uses a City owned vehicle for travel to and from his/her home, a log shall be kept by that employee recording the date, time, purpose, and number of miles traveled in connection with all use of said automobile at any time other than during regular working hours.
22.13 LONGEVITY BANQUET/ EMPLOYEE APPRECIATION LUNCHEON
The City of Huntsville will provide as an additional benefit to all eligible employees:
(A) Longevity Banquet
A longevity banquet shall be scheduled and held preferably in the first (1st) quarter of each calendar year, for all regular, full-time employees, who have been employed by the City for exactly 25, 30, 35, 40, 45 or 50 years, between January 1 and December 31 of the preceding year. The longevity banquet shall include dinner and a plaque of nominal value that may be presented to each such eligible employee.
(B) Employee Appreciation Luncheon
The Mayor is authorized to provide an employee appreciation luncheon preferably on the Tuesday prior to the Thanksgiving holiday for all employees in recognition and appreciation of their service to the public.
The Mayor, along with the Department Heads, will serve as host for the catered luncheon.
ADOPTED this the 9th day of February, 2023.
/s/ John Meredith
President of the City Council of the City of Huntsville, Alabama
APPROVED this the 9th day of February, 2023.
/s/ Tommy Battle
Mayor of the City of Huntsville, Alabama
ORDINANCE NO. 23-83
BE IT ORDAINED by the City Council of the City of Huntsville, Alabama, as follows:
Section 1. The City Council of the City of Huntsville, Alabama, finds that an application has been presented to the City of Huntsville requesting the vacation of a utility and drainage easement; that the applicant has represented to the City of Huntsville that Huntsville Rehabilitation Foundation, Inc., is the owner of the property across which said easement lies; that said easement, or the portion being vacated, is not presently used and is no longer needed for a public or municipal purpose.
Section 2. Pursuant to the findings in Section 1 here in above, the Mayor of the City of Huntsville, Alabama, is hereby authorized, requested and directed to execute a quitclaim deed vacating the easement here- in after described, said deed being substantially in words and figures as follows, to-wit:
QUITCLAIM DEED
KNOW ALL MEN BY THESE PRESENTS that in consideration of the sum of TEN AND 00/100 ($10.00), and other good and valuable considerations, this day paid to City of Huntsville, Alabama, an Alabama Municipal Corporation, of 308 Fountain Circle, Huntsville, AL 35801 (henceforth referred to as “Grantor”), the receipt of which is hereby acknowledged, the GRANTOR does hereby release, quitclaim, and convey unto Huntsville Rehabilitation Foundation, Inc., of2939 Johnson Rd., Huntsville,
AL 35805 (henceforth referred to as “Grantee”), in fee simple, the following described real estate with an assessor’s value of Nominal for vacation of easement ($0.00) and located at 2939 Johnson Rd., Huntsville, AL 35805:
SEE ATTACHED “EXHIBIT A”
Source of {Title: Book 2022 Page 57293 in the Office of the Judge of Probate of Madison County, Alabama.
No Title Opinion rendered or requested The legal description contained in this instrument was furnished to the Scrivener by the grantee. The Scrivener makes no representation regarding (i) the accuracy of said legal description, including whether or not the same closes, or (ii) the status of title to the subject property.
TO HAVE AND TO HOLD the tract or parcel of land above described, together with all the rights, privileges, tenements, appurtenances, and improvements unto the said GRANTEE, their heirs and assigns forever.
IN WITNESS WHEREOF, Grantor has hereunto set their hand and seal this
City of Huntsville, Alabama Municipal Corporation
BY : TOMMY BATTLE
Its: Mayor
STATE OF ALABAMA COUNTY OF MADISON
I, the undersigned, a Notary Public in and for said County in said State,
hereby certify that Tommy Battle, whose names as Mayor of City of Huntsville, Alabama Municipal Corporation, is signed to the foregoing conveyance and who is known to me, acknowledged before me on this day that, being informed of the contents of this instrument, they, in their capacity as such Mayor and with full authority, executed the same voluntarily for and as the act of said organization.
Given under my hand and official seal, this the 9th day of February 2023
SEAL Notary Public
My commission expires: 6/11/2025
IN WITNESS WHEREOF, the said GRANTOR, by its Authorized Member, who is authorized to execute this conveyance, has hereto set their signature and seal, this the 9th day of February,2023
City of Huntsville, Alabama Municipal Corporation
Its: Clerk-Treasurer
By: Kenneth Benion
STATE OF ALABAMA COUNTY OF MADISON
I, the undersigned, a Notary Public in and for said County in said State, hereby certify that Kenneth Benion, whose names as Clerk-Treasurer of City of Huntsville, Alabama Municipal Corporation, is signed to the foregoing conveyance and who is known to me, acknowledged before me on this day that, being informed of the contents of this instrument, they, in their capacity as such Clerk-Treasurer and with full authority, executed the same voluntarily for and as the act of said organization.
Given under my hand and official seal, this the 9th day of February, 2023
SEAL Notary Public
My commission expires: 6/11/2025
Ordinance No. 23-83 (Cont.)
ADOPTED this the 9th day of February, 2023.
President of the City Council of the City of Huntsville, Alabama
APPROVED this the 9th day of February, 2023.
By: Tommy Battle
Mayor of the City of Huntsville, Alabama
EXHIBIT A
LEGAL DESCRIPTION
ALL THAT PART OF LOT 1 OF TAYLOR SUBDIVISION PHASE 2 AS RECORDED IN PLAT BOOK 2022, PAGES 380 AND 381 IN THE OFFICE OF THE ruDGE OF PROBATE MADISON COUNTY, ALABAMA MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 1 OF TAYLOR SUBDIVISION PHASE 2 THENCE, NORTH 00 DEGREES 51 MINUTES 01 SECONDS EAST FOR A DISTANCE OF 58.49 FEET TO THE POINT OF BEGINNING FOR THE FOLLOWING PROPERTY;
THENCE FROM THE POINT OF BEGINNING; NORTH 88 DEGREES 24 MINUTES 34 SECONDS WEST, A DISTANCE OF 65.00 FEET TO A POINT;
THENCE, NORTH 00 DEGREES 51 MINUTES 01 SECONDS EAST, A DISTANCE OF 254.66 FEET TO A POINT;
THENCE ALONG SAID BOUNDARY OF LOT 2, SOUTH 89 DEGREES 36 MINUTES 27 SECONDS EAST, A DISTANCE OF 5.00 FEET TO A POINT;
THENCE SOUTH 00 DEGREES 51 MINUTES 01 SECONDS WEST, A DISTANCE OF 249.77 FEET TO A POINT;
THENCE, SOUTH 88 DEGREES 24 MINUTES 34 SECONDS EAST, A DISTANCE OF 60.00 FEET TO A POINT;
THENCE SOUTH 00 DEGREES 51 MINUTES 01 SECONDS WEST, A DISTANCE OF 5.00 FEET TO
THE POINT OF BEGINNING AND CONTAINING 0.04 ACRES OR 1573 SQUARE FEET, MORE OR LESS.
ORDINANCE NO. 23-84
BE IT ORDAINED by the City Council of the City of Huntsville, Alabama, as follows:
Section 1. The City Council of the City of Huntsville, Alabama, finds that an application has been presented to the City of Huntsville requesting the vacation of utility and drainage easements; that the applicants have represented to the City of Huntsville that Stephen and Leslie B. Cagle, are the owners of the property across which said easements lie; that said easements, or the portions being vacated, are not presently used and are no longer needed for a public or municipal purpose.
Section 2. Pursuant to the findings in Section 1 herein-above, the Mayor of the City of Huntsville, Alabama, is hereby authorized, requested and directed to execute a quitclaim deed vacating the easements hereinafter described, said deed being substantially in words and figures as follows, to-wit:
QUITCLAIM DEED
KNOW ALL MEN BY THESE PRESENTS, that the undersigned CITY OF HUNTSVILLE,
an Alabama municipal corporation, hereinafter referred to as Grantor, in consideration of the sum of Dollars ($10.00) in hand paid by Stephen and Leslie B. Cagle, hereinafter referred to as Grantee, Ten other good and valuable considerations, the receipt and sufficiency whereof is hereby acknowledged, and does hereby remise, release, quitclaim, and convey unto the Grantee, all of the Grantor’s right, title, interest and claim in and to the following real estate situated in the City of Huntsville, County of Madison, State of Alabama, to-wit:
All that part Lot 6, Block I according to the record plat of McJohn Industrial Park as recorded in Plat Book 18, Page 21 in the Office of the Judge of Probate, Madison County, Alabama. Particularly described beginning at the Southwest corner of said-
Lot 6; Thence from the Point of Beginning and along the as west boundary line of said Lot 6, North 00 degrees 13 minutes 53 seconds West 92.22 feet to the Northwest corner of said Lot 6; Thence North 89 degrees 03 minutes 04 seconds East 10.00 feet; Thence South 00 degrees 13 minutes 53 seconds East 92.22 feet; Thence South 89 degrees 03 minutes 04 seconds West 10.00 feet to the Point of Beginning.
ALSO:
All that Part of Lot 7 and 8, Block I according to the record plat of Resubdivision of Lots 4 & 7 McJohn Industrial Park as recorded in Plat Book 19, Page 71 in the Office of the Judge of Probate, County, Alabama. Particularly described as beginning at the Southwest corner of said Lot 7;Madison Thence from the Pofot of Beginning and along the West boundary of said Lot 7 and 8 North 00 degrees 13 minutes 53 seconds West 185.25 feet to the Northwest corner of said Lot 8; Thence North 89 degrees 03 minutes seconds East 203.74 feet; Thence South 01 degree 00 minutes 38 seconds East 5.00 feet; Thence South 04 89 degrees 03 minutes 04 seconds West 193.80 feet; Thence South 00 degrees 13 minutes 53 seconds I 80.25 feet; Thence South 89 degrees 03 minutes 04 seconds West I 0.00 feet to the Point of Beginning East
ALSO:
All that part of Lot 9, Block 1 according to the record plat of Resubdivision of Lot 9, Block I of Resubdivision of Lots 4 & 7 McJohn Industrial Park as recorded in Plat Book 24, Page 46 in the the Office of the Judge of Probate, Madison County, Alabama. Particularly described as commencing at the Northwest comer of said Lot 9; Thence South 00 degrees 13 minutes 53 seconds East 10.00 feet to the Point Begin-ning; Thence from the Point of Beginning North 88 degrees 34 minutes 59 seconds East 10.00 of Thence South 00 degrees 13 minutes 53 seconds East 113.55 feet; Thence North 89 degrees 03 minutes feet; 04 seconds East 193.67 feet; Thence South OJ degrees 00 minutes 38 seconds East 5.00 feet; Thence 89 degrees 03 minutes 04 seconds West 203.74 feet to the Southwest comer of said Lot 9; Thence along South the West boundary of said Lot 9, North 00 degrees 13 minutes 53 seconds West 118.47 feet to the Point of Beginning. TO HAVE AND TO HOLD unto the said grantee, its successors and assigns forever.
IN WITNESS WHEREOF, Grantor has caused this quitclaim to be signed in its behalf by its Mayor and attested by its Clerk- Treasurer, this the 9th day of February 2023.
City of Huntsville, Alabama Municipal Corporation
Tommy Battle, Mayor
ATTEST:
STATE OF ALABAMA)
COUNTY OF MADISON)
I, the undersigned, a notary public in and for said County, in said State, hereby certify that Tommy Battle and Kenneth Benion, whose names as Mayor and City Clerk-Treasurer, respectively, of The City of Huntsville, Alabama, a municipal corporation are signed to the foregoing document, and who are known to me, acknowledged before me on this day that, being informed of the contents of the instrument, they, as such officers and with full authority, executed the same for and as the act of said corporation on the day the same bears day.
Given under my hand and official seal this the 9th day of February 2023.
Notary Public
THIS INSTRUMENT PREPARED BY: James L. McElroy, Jr. – PLS McElroy Land Surveying Co., Inc. 4012 Triana Blvd. Huntsville, AL 35805
ORDINANCE NO. 23-85
BE IT ORDAINED by the City Council of the City of Huntsville, Alabama, as follows:
Section 1. The City Council of the City of Huntsville, Alabama, finds that an application has been presented to the City of Huntsville requesting the vacation of a utility and drainage easement; that the applicant has represented to the City of Huntsville that Enfinger Development, LLC, is the owner of the property across which said easement lies; that said easement, or the portion being vacated, is not presently used and is no longer needed for a public or municipal purpose.
Section 2. Pursuant to the findings in Section 1 herein- above, the Mayor of the City of Huntsville, Alabama, is hereby authorized, requested and directed to execute a quitclaim deed vacating the easement hereinafter described, said deed being substantially in words and figures as follows, to-wit:
STATE OF ALABAMA COUNTY OF MADISON
NO TITLE EXAMINATION HAS BEEN PERFORMED IN CONNECTION WITH THIS TRANSACTION
KNOW ALL MEN BY THESE PRESENTS, that CITY OF HUNTSVILLE, an Alabama municipal corporation, hereinafter referred to as the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by ENFINGER DEVELOPMENT, LLC, an Alabama limited liability company, hereinafter referred to as the Grantee, the receipt whereof is hereby acknowledged, and other good and valuable consideration, does hereby remise, release, quitclaim and convey unto said Grantee all of its right, title, interest, and claim in and to the following described real estate situated in the County of Madi- son, State-off Alabama, to-wit (the “Easement”):
SEE EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN.
Said Easement being depicted in Exhibit “B” attached hereto and incorporated herein.
TO HAVE AND TO HOLD the same unto the said Grantee, and to its successors and assigns, forever.
IN WITNESS WHEREOF, the City of Huntsville, Alabama, has caused this instrument to be duly executed by its Mayor and attested to by its Clerk-Treasurer, pursuant to Ordinance No: 23-85 , as of this the 9th day of February 2023.
City of Huntsville, Alabama Municipal Corporation
STATE OF ALABAMA
COUNTY OF MADISON
I, the undersigned, a Notary Public in and for said County and in said State, hereby certify that Tommy Battle and Kenneth Benion, whose names as Mayor and City Clerk-Treasurer, respectively, of the City of Huntsville, Alabama, are signed to the foregoing conveyance, and who are known to me, acknowledged before me on this day that, being informed of the contents of this conveyance, they, as such officers and with full authority, executed the same voluntarily for and as the act of the City of Huntsville, Alabama, a municipal corporation.
Given under my hand and official seal this the 9th day of February 2023.
This instrument prepared by: Katherine Amos Beasley Wilmer & Lee, PA 100 Washington Street Huntsville, Alabama 35801 (256) 533-0202 U:ISAM\REAL-ESTATEIVACA TIONICOHIENFINGER DEVELOP MENTILANTERN POINTEIQUIT CLAIM DEED EASEMENT VACATION.REV.DOC
Exhibit “A”
(Legal Description of Utility and Drainage Easement to be Vacated)
STATE OF ALABAMA MADISON COUNTY
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 SOUTH, RANGE 2 WEST OF MADISON COUNTY, ALABAMA AND BEING MORE PARTICULAR- LY DESCRIBED AS FOLLOWS:
COMMENCING AT THE COM- MON SOUTH BOUNDARY LINE BETWEEN COMMON AREA A AND TRACT lA OF THE FINAL PLAT OF LANTERN POINTE PHASE lB AS RECORDED IN DOCUMENT 2021-00071443 IN THE OFFICE OF THE JUDGE OF PROBATE OF MADISON COUNTY, ALABAMA, AND HAV- ING ALABAMA STATE PLANE COORDINATES (EAST ZONE, NAO 83) OF N: 1,565,610.16′ E: 370,500.67′; THENCE NORTH 71 DEGREES 28 MINUTES 07 SECONDS WEST, 64.96 FEET TO A 1/2 INCH CAPPED IRON PIN (2TPS CA 1178LS); THENCE NORTH 10 DEGREES 24 MINUTES 13 SECONDS EAST, 5.05 FEET TO THE POINT OF BEGINNING; THENCE, FROM THE POINT OF BEGIN- NING, NORTH 87 DEGREES 43 MINUTES 28 SECONDS WEST, 71.17 FEET TO A POINT LYING 10′ OFFSET AND PARRALLEL TO THE FUTURE 50′ PUBLIC RIGHT-OF-WAY MARGIN OF CAMBERWELL DRIVE; THENCE, 10′ OFFSET AND PARRALLEL TO SAID FUTURE MARGIN, NORTH 01 DEGREE 15 MINUTES 32 SEC- ONDS EAST, 15.00 FEET TO A POINT; THENCE, LEAVING SAID OFFSET AND PARRALEL FUTURE MARGIN, SOUTH 87 DEGREES 43 MINUTES 28 SECONDS EAST, 73.58 FEET TO A POINT; THENCE SOUTH 71 DEGREES 28 MINUTES 07 SECONDS EAST, 31.39 FEET TO A POINT; THENCE SOUTH 18 DEGREES 31 MINUTES 53 SECONDS WEST, 15.00 FEET TO A POINT; THENCE NORTH 71 DEGREES 28 MINUTES 07 SECONDS WEST, 29.25 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.04 ACRES (1,540 SQUARE FEET}, MORE OR LESS.
Ordinance No. 23-85 (Cont.)
ORDINANCE NO. 23-86
BE IT ORDAINED by the City Council of the City of Huntsville, Alabama, as follows:
Section 1. The City Council of the City of Huntsville, Alabama, finds that an application has been presented to the City of Huntsville requesting the vacation of a utility and drainage easement; that the applicant has represented to the City of Huntsville that Wellory QOZB, LLC, is the owner of the proper- ty across which said easement lies; that said easement, or the portion being vacated, is not presently used and is no longer needed for a public or municipal purpose.
Section 2. Pursuant to the findings in Section 1 hereinabove, the Mayor of the City of Huntsville, Alabama, is hereby authorized, requested and directed to execute a quitclaim deed vacating the easement hereinafter described, said deed being substantially in words and figures as follows, to-wit:
THIS INSTRUMENT PREPARED BY: Katherine Amos Beasley WILMER & LEE, P.A.
100 Washington Street, Suite 200 Huntsville, Alabama 35801 (256) 533-0202
STATE OF ALABAMA
COUNTY OF MADISON
QUITCLAIM DEED
FOR VACATION OF EASEMENT
THIS INDENTURE made and entered into on this 9 day of February 9th, 2023, by and between, CITY OF HUNTSVILLE, an Alabama municipal corporation (“Grantor”) and WELLORY QOZB LLC, a Delaware limited liability company (“Grantee”).
WITNESSETH: That the Gran tor, for and in consideration of Ten Dollars ($10.00) in hand paid by Grantee, and other good and valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, does hereby remise, release, quitclaim, and convey unto the Grantee, all of the Grantor’s right, title, interest and claim in and to the following described real estate situated in the City of Huntsville, County of Madison, State of Alabama, to-wit:
See Exhibit “A” attached hereto and incorporated herein.
TO HAVE AND TO HOLD unto the said Grantee, its successors and assigns forever.
IN WITNESS WHEREOF, Grantor has caused this instrument to be duly executed on its behalf by its Mayor and attested by its Clerk-Treasurer, pursuant to Ordinance 23-86, as of this the 9th day of February, 2023.
STATE OF ALABAMA
COUNTY OF MADISON
I, the undersigned, a Notary Public in and for said County, in said State, hereby certify that Tommy Battle and Kenneth Benion, whose names as Mayor and City Clerk-Treasurer, respectively, of the CITY OF HUNTSVILLE, ALABAMA, a municipal corporation are signed to the foregoing instrument, and who are known to me, acknowledged before me on this day that, being informed of the contents of the instrument, they, as such officers and with full authority, executed the same for and as the act of said municipal corporation.
Exhibit “A”
(Legal Description of Vacated Easements)
3 tracts of land lying and being in Section 31, Township 3 South, Range 1 West of the Huntsville Meridian, more particularly described as follows:
Tract 1: Proposed Gas Line Easement Vacation-Deed Book 684, Page 464.
Commencing at the southwest corner of Lot 1 of Block 8 of Mid- City Subdivision as recorded in the Office of Judge of Probate for Madison County, Alabama in Instrument 2019-00013667; thence along the south boundary of said Lot 1 North 89 Degrees 41 Minutes 23 Seconds East a distance of 384.48 feet to the point of curvature of a curve to the right, having a radius of 331.50 feet, the chord of which is South 87 Degrees 05 Minutes 55 Seconds East for a distance of 37.14 feet, thence along the arc of said curve 37.16 feet to the point of tangency of said curve; thence South 83 Degrees 53 Minutes 14 Seconds East a distance of 58.53 feet to a #5 rebar with a cap Stamped “GARVER LLC CA-445-6S” (TYPI- CAL) set; thence leaving said south boundary of Lot 1 North 4 Degrees 21 Minutes 02 Seconds East a distance of 5.00 feet to a #5 rebar set on the west boundary of an existing gas line easement as recorded in the Office of Judge of Probate for Madison County, Alabama in Deed Book 648, Page 464, said point being the Point of Beginning of the herein described tract; having established grid coordinates of (N)1542517.43, (E)406940.05 of the Alabama State Plane Coordinate System Zone East of the North American Datum of 1983 (NAD83).
Thence along said west boundary of existing easement North 4 Degrees 21 Minutes 02 Seconds East a distance of 208.23 feet to a #5 rebar set; thence North 19 Degrees 48 Minutes 19 Seconds West a distance of 126.02 feet to a #5 rebar set; thence leaving said west South 89 Degrees 53 Minutes 33 Seconds East a distance of 21.27 feet to a #5 rebar set on the east boundary of said existing easement; thence along said east boundary of existing easement South 19 Degrees 48 Minutes 19 Seconds East a distance of 110.20 feet to a #5 rebar set; thence leaving said west South 89 Degrees 53 Minutes 33 Seconds East a distance of 21.27 feet to a #5 rebar set on the east boundary of said existing easement; thence along said east boundary of existing easement South 19 Degrees48 Minutes 19 Seconds East a distance of 110.20 feet to a #5 rebar set; thence South 4 Degrees 34 Minutes 30 Seconds West a distance of 224.67 feet to a #5 rebar set; thence leaving said east boundary of easement North 83 Degrees 53 Minutes 14 Seconds West a distance of 13.86 feet to the Point of Beginning.
The above described tract contains 0.13 acres (5453.62 sq. ft.), more or less.
Tract 2: Proposed Easement Vacation
Commencing at the southwest corner of Lot 1 of Block 8 of Mid- City Subdivision as recorded in the Office of Judge of Probate for Madison County, Alabama in Instrument 2019-00013667; thence along the south boundary of said Lot 1 North 89 Degrees 41 Minutes 23 Seconds East a distance of 384.48 feet to the point of curvature of a curve to the right, having a radius of 331.50 feet, the chord of which is South 87 Degrees 05 Minutes 55 Seconds East for a distance of 37.14 feet, thence along the arc of said curve 37.16 feet to the point of tangency of said curve; thence South 83 Degrees 53 Minutes 14 Seconds East a distance of 58.53 feet to a #5 rebar with a cap Stamped “GARVER LLC CA-445-6S” (TYPI- CAL) set; thence leaving said south boundary of Lot 1 North 4 Degrees 21 Minutes 02 Seconds East a distance of 5.00 feet to a #5 rebar set; thence South 83 Degrees 53 Minutes ;4 Seconds East a distance of 13.86 feet to a #5 rebar set; thence North 4 Degrees 34 Minutes 30 Seconds East a distance of 224.67 feet to a #5 rebar set and said point being the Point of Beginning of herein described tract; having established grid coordinates of (N) 1542739. 90, (E)406971. 76 of the Alabama State Plane Coordinate System Zone East of the North American Datum of 1983 (NAD83).
Thence North 19 Degrees 48 Minutes 07 Seconds West a distance of 3.42 feet to a #5 rebar set; thence North 4 Degrees 30 Minutes 42 Seconds East a distance of 81.54 feet to a #5 rebar set; thence North 89 Degrees 53 Minutes 24 Seconds West a distance of 42.86 feet to a #5 rebar set; thence North O Degrees 47 Minutes 36 Seconds East a distance of 19.10 feet to a #5 rebar set; thence South 89 Degrees 53 Minutes 19 Seconds East a distance of 35.11 feet to a #5 rebar set; thence South O Degrees 00 Minutes 00 Sec- onds West a distance of 10.60 feet to a #5 rebar set; thence South 85 Degrees 49 Minutes 28 Seconds East a distance of 9.64 feet to a #5 rebar set; thence South 4 Degrees 34 Minutes 30 Seconds West a distance of 92.61 feet and to the Point of Beginning. The above described tract contains 0.02 acres (870.07 sq. ft.), more or less.
Tract 3: Proposed Easement Vacation
Commencing at the southwest corner of Lot 1 of Block 8 of Mid- City Subdivision as recorded in the Office of Judge of Probate for Madison County, Alabama in Instrument 2019-00013667; thence along the west boundary of said thence North O Degrees 18 Minutes 37 Seconds West a Distance of 40.27 feet #5 rebar with a cap Stamped “GARVER LLC CA-445-6S” (TYPI- CAL) set; thence leaving said west boundary South 90 Degrees 00 Minutes 00 Seconds East a distance of 5.00 feet to a #5 rebar set, said point being the Point of Beginning of herein described tract; having established grid coordinates of (N)1542558.50, (E)406464.69 of the Alabama State Plane Coordinate System Zone East of the North American Datum of 1983 (NAD83).
Thence North O Degrees 18 Minutes 37 Seconds West a distance of 149.33 feet to a #5 rebar set; thence North 89 Degrees 45 Minutes 52 Seconds East a distance of 5.27 feet to a #5 rebar set; thence North O Degrees 18 Minutes 07 Seconds West a distance of 136.64 feet to a #5 rebar set; thence South 89 Degrees 53 Minutes 24 Seconds East a distance of 3.80 feet to a#5 ebar set; thence South O Degrees 18 Minutes 37 Seconds East a distance of 285.93 feet to a #5 rebar set; thence South 89 Degrees 41 Minutes 23 Seconds West a distance of 9.07 feet and to the Point of Beginning. The above described parcel contains 0.04 acres (1872.3W6 sq. ft.), more or less.
Ordinance No. 23-86 (Cont.)
ADOPTED this the 9th day of February, 2023.
NOTICE TO THE PUBLIC AND NOTICE TO THE OWNERS OF PROPERTY AFFECTED BY THE DECISIONS OF THE BOARD OF ZONING ADJUSTMENT
Public notice is hereby given of a Public Hearing to be held by the Board of Zoning Adjustment
of the City of Huntsville, on the 21st of February at 308 Fountain Circle in the City of Huntsville, Alabama, at which hearing it is to be determined whether or not the Board of Zoning Adjustment of the City of Huntsville, Alabama, shall give its written approval of the following variances and/or special exceptions:
1. A use variance to allow a Class
I Lounge Liquor Retailer with entertainment within 500 feet of a Residence 2B Zoning District at 1480 Perimeter Parkway NW, Miranda Frost of Big Valley Cove, LLC, appellant.
2. A special exception to allow a swimming pool and a cabana in a Residence 2A Zoning District. The location of structures, the location of off-street parking, and variances for yard space requirements in a High- way Business C4 and Residence 2A Zoning District at 2465 US 72 E HWY NE to include PPIN 108835 & PPIN 574595, Henry W. Massie of McKinley Homes US, LLC, appellant.
Thence North 19 Degrees 48 Minutes 07 Seconds West a distance of 3.42 feet to a #5 rebar set; thence North 4 Degrees 30 Minutes 42 Seconds East a distance of 81.54 feet to a #5 rebar set; thence North 89 Degrees 53 Minutes 24 Seconds West a distance of 42.86 feet to a #5 rebar set; thence North O Degrees 47 Minutes 36 Seconds East a distance of 19.10 feet to
3. The location of a structure at 4002 Dobbs Drive SE, William Todd Hamer, appellant.
4. The location of a structure at 8407 Louis Drive SE, Angela Copeland- Humlicek, appellant.
5. A use variance to allow single family attached dwellings in a Residence 1C Zoning District at 1721 & 1723 Ward Avenue NE, Stephen M. Cutter of Cutter Enterprises, LLC, appellant.
6. A special exception to allow patio seating and live entertainment in
a Neighborhood C1 Zoning District at 607 Andrew Jackson Way, Roy Jacob of The Curry Restaurant, LLC, appellant.
7. A PVA perimeter landscape variance at 101 & 103 Spacegate Drive NW, John M. Kendall of 23 Proper- ties, LLC, appellant.
8. A use variance to allow a single- family dwelling in a Neighborhood C1 Zoning District at 1410 McCrary Street NW, Darren Dixie of Lime- stone Property Group, appellant.
9. The location of a structure at 508 Clinton Avenue SE, Majdi Mortazavi and Homira Fahimi, appellant.
10. Distance separation between a primary structure and an accessory structure at 7807 Shadow Bend Drive SE, Thomas C. King for Virginia L. King, appellant.
11. PVA landscaping and the location of parking at 6407 US 431 S Hwy SE, Daniel Feld of 2 the Point, INC, for T.J. Lee of Leeland, LLC, appellant.
12. The location of a structure at 212 Beirne Avenue NW, John G. Smith of Redstone Real Estate, LLC, appellant.
13. The location of a structure at 214 Beirne Avenue NW, John G. Smith of Redstone Real Estate, LLC, appellant.
14. The location of a structure, PVA landscaping, location of parking, and a height variance at 4315 Holmes Avenue Joseph A. Azar of BOAZ Ventures LLC. For Trinity Presbyterian Church
EXTENSIONS
9524-1 A variance to exceed the allowable Slope Development District’s Disturbed Area regulations at 42 Bluff View Drive SE, Thomas C. Alexy, Jr., appellant.
9549 A special exception to allow a swimming pool and clubhouse in an existing neighborhood at 4501 Waverly Ct SE, Jennifer Sandidge of Hampton Ridge Homeowners Association, Inc., appellant.
9551-1 A use variance to allow additional plumbing fixtures, sleeping areas, and/or a use variance to allow a detached pool house to be used as a habitable space at 981 Slaughter Road NW, Emilio L. Hernandez, appellant