Title
RESOLUTION ACCEPTING THE DEDICATION OF A RIGHT-OF-WAY EASEMENT FOR PUBLIC USE ALONG WEST FERN AVENUE AND HIGHWAY 59 ACCESS POINTS
Summary
Description of Topic: (who, what, where, when, why and how much)
Body
WHEREAS, the City encourages the development and improvement of underutilized property within its corporate limits in order to increase property, sales, and other tax bases of the City and to promote the public welfare and general vitality of the City; and
WHEREAS, RS FOL AL M 01, LLC. (“Owner”) is the fee simple owner of certain real property located within the City of Foley, Baldwin County, Alabama, and has full legal authority to dedicate portions of said property for public use; and
WHEREAS, Owner is willing to donate and dedicate to the City sufficient right-of-way to improve public infrastructure in order to serve and accommodate the development of the Owner’s property and the surrounding area; and
WHEREAS, the property to be dedicated as public right-of-way is more particularly described as follows:
RIGHT-OF-WAY AREA TO BE DEDICATED
A portion of Lot One (1) and Lot Twenty-Two (22), Block “A”, North Lynndale, located in the Southeast Quarter (SE ¼) of Section 20, Township 7 South, Range 4 East, City of Foley, Baldwin County, Alabama, and being more particularly described as follows:
Beginning at the intersection of the existing southern right-of-way of West Fern Avenue and the western right-of-way of North McKenzie Street, being the northeast corner of Lot One (1), Block “A”, North Lynndale, and being marked by a found ½-inch rebar pin, said point being the Point of Beginning; Thence proceed South 00° 05’ 13” West along the western right-of-way of North McKenzie Street a distance of 10.00 feet to a set ½-inch rebar pin; Thence proceed South 89° 46’ 28” West a distance of 279.95 feet to a set ½-inch rebar pin located on the eastern right-of-way of Lynndale Court; Thence proceed North 00° 13’ 32” West along the eastern right-of-way of Lynndale Court a distance of 10.00 feet to the existing southern right-of-way of West Fern Avenue, said point being the northwest corner of Lot Twenty-Two (22), Block “A”, North Lynndale, and being marked by a found ½-inch rebar pin; Thence proceed North 89° 46’ 28” East along the southern right-of-way of West Fern Avenue a distance of 280.00 feet to the Point of Beginning.
The above-described right-of-way dedication area contains 0.0643 acres, more or less, and is more particularly shown on the Right-of-Way Dedication Exhibit prepared by GreenbergFarrow, Project No. 25-135-0, dated October 28, 2025, which exhibit is attached hereto as Exhibit A and incorporated herein by reference.
Said right-of-way is further shown on the right-of-way map of record on file with the Alabama Department of Transportation, a copy of which is deposited in the Office of the Judge of Probate of Baldwin County, Alabama, as an aid to persons and entities interested therein.
WHEREAS, the City finds that acceptance of the dedicated right-of-way is in the best interests of the City and the general public and will facilitate public access, transportation improvements, and economic development; and
WHEREAS, development of the Owner’s property is prepared to proceed with Phase One, and the dedication of the right-of-way will support such development and future public infrastructure improvements, subject to applicable Alabama Department of Transportation requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA, AS FOLLOWS:
SECTION 1: The City Council hereby approves and accepts the donation and dedication of the above-described right-of-way from Owner for public use, which right-of-way is accepted for roadway, access, utility, drainage, and all other purposes customarily associated with public rights-of-way.
SECTION 2: The dedicated property described herein is hereby declared to be a public right-of-way in perpetuity, subject to applicable state and local laws and regulations.
SECTION 3: This Resolution shall become effective immediately upon its adoption, as provided by law.