APPLICATION FOR ZONING AMENDMENT

STATE OF ALABAMA)

COUNTY OF BALDWIN)

CITY OF DAPHNE)

This is to certify that I (we) the undersigned am the owner(s) of said property and do hereby request

the City of Daphne to grant a Zoning Amendment for said property for the reasons outlined herein:

1) Description of property for which amendment is requested:

MALBIS PLANTATION, INC.

ZONING AMENDMENT

EXHIBIT "A"

LEGAL DESCRIPTION:

BEGINNING AT THE SOUTHEAST CORNER OF LOT 198, LAKE FOREST, UNlT 22

AS RECORDED IN MAP BOOK 8, PAGE 73 IN THE OFFICE OF THE JUDGE OF

PROBATE, BALDWIN COUNTY, ALABAMA; THENCE RUN N-0O018'45-E ALONG

THE EAST BOUNDARY LlNE OF SAlD LAKE FOREST, UNlT 22, 1191.37 FEET TO A

POINT ON THE SOUTH RIGHT-OF-WAY OF LAWSON ROAD; THENCE RUN

S-8g045'29"-E ALONG SAlD SOUTH RIGHT-OF-WAY OF LAWSON ROAD, 532.90

FEET TO A POINT; THENCE RUN S-54O28'57"-E LEAVING SAlD SOUTH RIGHT-OFWAY

OF LAWSON ROAD, 86.68 FEET TO A POINT ON THE WEST RIGHT-OF-WAY

OF BALDWtN- COUNTY ROAD NUMBER 13; THENCE RUN SOUTHWESTERLY

ALONG SAlD WEST RIGHT-OF-WAY OF BALDWIN COUNTY ROAD NUMBER 13

AND ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF

765.21, A DELTA ANGLE OF 13"55'36", A CHORD OF WHICH BEARS S-07"37'08"-W,

185.54, AN ARC DISTANCE OF 186.00 FEET TO A POINT; THENCE RUN

S-14"34'56"-W ALONG SAlD WEST RIGHT-OF-WAY OF BALDWIN COUNTY ROAD

NUMBER 13, 905.83 FEET TO A POINT; THENCE RUN S-2Io22'47"-W ALONG SAlD

WEST RIGHT-OF-WAY OF BALDWIN COUNTY ROAD NUMBER 13, 100.71 FEET TO

A POINT; THENCE RUN S-14"32'11"-W ALONG SAlD WEST RIGHT-OF-WAY OF

BALDWIN COUNTY ROAD NUMBER 13, 10.01 FEET TO A POINT; THENCE RUN

N-8g045'17"-W LEAVING SAlD WEST RIGHT-OF-WAY OF BALDWIN COUNTY ROAD

NUMBER 13, 318.20 FEET TO A POINT ON THE SAlD EAST BOUNDARY LlNE OF

LAKE FOREST, UNlT 22; THENCE RUN N-0O018'45-E ALONG SAlD EAST

BOUNDARY LlNE OF LAKE FOREST, UNlT 22, 23.89 FEET TO THE

POINT OF BEGINNING. CONTAINING 13.41* ACRES, MORE OR LESS.

 

Lawson Road and County Road 13 Zoning

Adjacent Property Owners

Eddie R and Sharon Bender

103 Vega Drive

Daphne, AL 36526

05-43-02-04-0-009-1 83.000

 

City of Daphne

Post Office Box 2550

Daphne, AL 36526

05-43-02-03-0-000-002.006

 

William Anthony Deangelo

470 Ridgewood Drive

Daphne, AL 36526

05-43-02-04-0-009-222.000

 

Lake Forest POA

Post Office Box 1087

Daphne, AL 36526

05-43-02-04-0-002-026.000

 

Friday Construction LLC

1444 West 1-65 Service Road S

Mobile, AL 36693

05-43-02-04-0-001 -028.000

 

Van Buren Partnership, LLC

C/O Ark Inc.

Daphne, AL 36526

05-43-02-03-0-000-002.134

 

Charles and Carol Shore

1 17 Fernwood Circle

Daphne, AL 36526

05-43-02-04-0-009-201 .OOO

 

Steven and Angela Appleton

480 Ridgewood Drive

Daphne, AL 36526

05-43-02-04-0-009-227.000

 

William and Laura McKelroy

103 Grove Circle

Daphne, AL 36526

05-43-02-04-0-009-1 96.000

 

Eastern Shore Christian Center

9078 Lawson Road

Daphne, AL 36526

05-43-02-03-0-000-002.007

 

Craig A Anklam

474 Humboldt Way

Livermore, CA 94551

05-43-02-04-0-009-1 98.000

 

Allyson C Pearce

472 Ridgewood Drive

Daphne, AL 36526

05-43-02-04-0-009-223.000

 

Brett and Jennifer Dupuis

105 Grove Circle

Daphne, AL 36526

05-43-02-04-0-009-1 95.000

 

Richard Calhoun and Deborah Douglas

9397 Wind Clan Trait

Daphne, AL 36526

05-43-02-04-0-009-1 94.000

 

Nvest, LLC

21 05 Victoria Drive

Daphne, AL 36526

05-43-02-03-0-000-002.088

 

Anthony and Kristi Mineo

2442 Zagato Court

Middleburg, FL 32068

05-43-02-04-0-009-224.000

 

James and Tomalee Ethington

1 14 Fernwood Circle

Daphne, AL 36526

05-43-02-04-0-009-1 99.000

 

Franklin and Shirley Cain

476 Ridgewood Drive

Daphne, AL 36526

05-43-02-04-0-009-225.000

 

Zane and Janice Yoder

482 Ridgewood Drive

Daphne, AL 36526

05-43-02-04-0-009-228.000

 

James and Daniela Micsan

Post Office Box 1465

Daphne, AL 36526

05-43-02-04-0-009-226.000

 

Donald Grantharn

11 6 Fernwood Circle

Daphne, AL 36526

05-43-02-04-0-009-200.000

 

Van Buren Partnership, LLC

29000 US Highway 98

Daphne, AL 36526

05-43-02-03-0-000-002.005

 

Malbis Plantation

10145 US Highway 90

Daphne, AL 36526

05-43-02-03-0-000-002.087

ORDINANCE NO. 2007 -

Ordinance to Rezone Property Located on Southwest corner of the intersection of

Lawson Road and County Road 13 (14 Acres)

Malbis Plantation, Inc.

WHEREAS, the owners of certain real property within the City of Daphne, Alabama, have

requested that said property be rezoned from R-3, High Density Single Family Residential District, to B-1,

Local Business District, to said properly is located on Southwest comer of the intersection of Lawson

Road and County Road 13, Alabama, being more particularly described as follows:

Legal Description:

BEGINNING AT THE SOUTHEAST CORNER OF LOT 198. LAKE FOREST. UNlT 22 AS RECORDED IN MAP BOOK

8. PAGE 73 IN THE OFFICE OF THE JUDGE OF PROBATE. BALDWIN COUNTY. ALABAMA; THENCE RUN NOO"

18'45"-E ALONG THE EAST BOUNDARY LlNE OF SAlD LAKE FOREST. UNlT 22.1191.37 FEET TO A POINT ON

THE SOUTH RIGHT-OF-WAY OF LAWSON ROAD. THENCE RUN S-89"45'29-E ALONG SAlD SOUTH RIGHT-OFWAY

OF LAWSON ROAD. 532 90 FEET TO A POINT. THENCE RUN S-54"28'57"-E LEAVING SAlD SOUTH RIGHTOF-

WAY OF LAWSON ROAD, 86 68 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF BALDWIN COUNTY

ROAD NUMBER 13, THENCE RUN SOUTHWESTERLY ALONG SAlD WEST RIGHT-OF-WAY OF BALDWIN

COUNTY ROAD NUMBER 13 AND ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF

765.21, A DELTA ANGLE OF 13"55'36, A CHORD OF WHICH BEARS S-07"37'08-W, 185.54, AN ARC DISTANCE

OF 186.00 FEET TO A POINT: THENCE RUN S-14"34'56-W ALONG SAlD WEST RIGHT-OF-WAY OF BALDWIN

COUNTY ROAD NUMBER 13.905.83 FEET TO A POINT: THENCE RUN S-21'22'47"-W ALONG SAlD WEST RIGHTOF-

WAY OF BALDWIN COUNTY ROAD NUMBER 13, 100.71 FEET TO A POINT; THENCE RUN S-14"32'1Im-W

ALONG SAlD WEST RIGHT-OF-WAY OF BALDWIN COUNTY ROAD NUMBER 13. 10.01 FEET TO A POINT;

THENCE RUN N-89'45'17"-W LEAVING SAlD WEST RIGHT-OF-WAY OF BALDWIN COUNTY ROAD NUMBER 13,

318.20 FEET TO A POINT ON THE SAlD EAST BOUNDARY LlNE OF LAKE FOREST, UNlT 22; THENCE RUN N-

0O018'45"-E ALONG SAlD EAST BOUNDARY LlNE OF UKE FOREST, UNlT 22, 23.89 FEET TO THE POINT OF

BEGINNING. CONTAINING 13.41* ACRES, MORE OR LESS.

WHEREAS, the Planning Commission of the City of Daphne on February 22,2007 has considered

said request and set forth an affirmative recommendation to the City Council of the City of Daphne that said

property be rezoned; and,

WHEREAS, after proper publication, a public hearing was held by the City Council on Monday,

April 2, 2007 concerning the requested rezoning.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

DAPHNE, ALABAMA, that said property described above is hereby rezoned from R-3, High Density

Single Family Residential District, to B-1, Local Business District and that the zoning ordinance and zoning

map be amended to reflect the said zoning change.

ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF DAPHNE, ALABAMA,

THIS - day of ,2007.