File #: 24-0383    Version: 1 Name: A Resolution Approving to Enter Into a Right-Of-Way Agreement
Type: Resolution Status: Adopted
File created: 6/24/2024 In control: City Council
On agenda: 7/1/2024 Final action: 7/1/2024
Title: A Resolution Approving a Right-Of-Way Use Agreement Between the City of Foley and Colt Foley, LLC
Attachments: 1. Foley ROW Use Agreement 118 W Laurel revised June 21

Title

A Resolution Approving a Right-Of-Way Use Agreement Between the City of Foley and Colt Foley, LLC

 

 

Summary

Description of Topic: (who, what, where, when, why and how much)

Grumpy's is located at 214 W. Laurel Avenue, Foley, and has interior seating for 44 patrons. They wish to add two tables with four chairs on the sidewalk, which is 10' wide from the parking curb to the building.  If added they would intrude approximately 3' from the building. The zoning ordinance does not cite specifically the approval process but it requires action and approval by Council.

 

Budgetary Impact:

   Non-Capital Item:

      ____ Budgeted under account #_______________ (discussion item)

      ____ Not budgeted, requesting transfer of $__________ from Account #______________ to Account #_____________.

      ____ Not budgeted requiring increase to account #___________ in the amount of $____________.

 

   Capital - Departmental

      ____ Budgeted under account #______________ for $___________ and described in budget as __________________________________.

                    Additional amount needed, if any: Increase in budget of  $_____________ OR, transfer of $___________ from Account #____________ to Account #_______________

      ____ Not Budgeted - account #____________ requires budget increase of $_____________.

 

   Capital Project - **THE PRE-PROJECT CHECKLIST AND BUDGET CHECKLIST MUST BE ATTACHED TO THIS FILE**

      In current year Capital Projects Plan: 

        _____ Yes, planned amount $___________, requesting $_________ as total project estimate, including contingencies, under account #_________________

        _____ No, requesting $___________ as total project estimate, including contingencies, under account #____________________

 

Body

WHEREAS, COLT Foley desires to encroach on the right-of-way of the public roads designated as West Laurel Avenue, North Alston Street and West Jessamine Avenue for the

purposes of constructing or erecting dining and picnic tables, covered outdoor kitchen area containing smokers, and a dumpster, with dumpster pad, within the said right-of-way as more

particularly shown on the diagrams, attached hereto as Exhibit A, and incorporated herein, and

WHEREAS, it is to the material advantage of COLT Foley to effect this encroachment, and the City, in the exercise of authority conferred upon it by statute, is willing to permit the

encroachment within the limits of the right-of-way as indicated, subject to the conditions of the attached agreement.

                     NOW THEREFORE BE IT RESOLVED that the City Council of the City of Foley, Alabama, as follows:

                     SECTION 1: Approves the attached Right-Of-Way Use Agreement between the City of Foley and Colt Foley, LLC.

                     SECTION 2: This Resolution shall become effective immediately upon its adoption as required by law.