Title
A Resolution Proposing The Vacation Of A 20-Foot Unopened Right-Of-Way Located Within A Portion Of City-Owned Property Identified As PIN 633595 And Scheduling A Public Hearing Pursuant To Section 23-4-2, Code Of Alabama 1975
SUMMARY
A Resolution proposing the vacation of a 20-foot unopened right-of-way crossing a portion of the City-owned 18-acre parcel identified as PIN 633595, originally dedicated by Magnolia Springs Land Company to the Baldwin County Highway Department by instrument dated June 15, 1906, and recorded in Deed Book 22, Page 316, in the Probate Court of Baldwin County, Alabama, and scheduling a public hearing on the proposed vacation for November 16, 2026.
Body
WHEREAS, the City of Foley, Alabama, owns an approximately 18-acre parcel of property identified as PIN 633595; and
WHEREAS, a 20-foot unopened right-of-way crosses a portion of the City-owned property; and
WHEREAS, said right-of-way was originally dedicated by Magnolia Springs Land Company to the Baldwin County Highway Department by instrument dated June 15, 1906, and recorded in Deed Book 22, Page 316, in the Probate Court of Baldwin County, Alabama; and
WHEREAS, the City Council has determined that it is appropriate to propose the vacation of the above-described unopened right-of-way pursuant to Section 23-4-2, Code of Alabama 1975; and
WHEREAS, Section 23-4-2, Code of Alabama 1975, provides that whenever the governing body of a municipality proposes to vacate a public street, alley, highway, or portion thereof, the governing body shall schedule a public hearing prior to taking final action and shall comply with the applicable notice and publication requirements; and
WHEREAS, the City Council desires to schedule a public hearing on the proposed vacation for the regularly scheduled City Council meeting to be held on Monday, November 16, 2026; and
WHEREAS, the City Council desires to authorize the City Clerk, City Attorney, and appropriate City staff to take all actions necessary to effectuate the notice and publication requirements of Section 23-4-2, Code of Alabama 1975, in advance of the November 16, 2026 public hearing.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Foley, Alabama, as follows:
SECTION: The City Council hereby proposes the vacation of the 20-foot unopened right-of-way crossing a portion of the City-owned 18-acre parcel identified as PIN 633595, originally dedicated by Magnolia Springs Land Company to the Baldwin County Highway Department by instrument dated June 15, 1906, and recorded in Deed Book 22, Page 316, in the Probate Court of Baldwin County, Alabama.
SECTION 2: A public hearing on the proposed vacation shall be held at the regularly scheduled City Council meeting on Monday, November 16, 2026, prior to any final action by the City Council concerning the proposed vacation.
SECTION 3: The City Clerk, City Attorney, and appropriate City staff are hereby authorized and directed to take all actions necessary to comply with the notice, publication, posting, and mailing requirements of Section 23-4-2, Code of Alabama 1975, in advance of the November 16, 2026 public hearing.
SECTION 4: Nothing contained in this Resolution shall constitute final action vacating the above-described right-of-way. Final action concerning the proposed vacation shall be considered by the City Council following the required public hearing and compliance with all applicable statutory requirements.
SECTION 5: This Resolution shall become effective immediately upon its adoption.