Title
A Resolution Vacating Unopened Right-Of-Way
Summary
A Resolution vacating a 20-foot-wide unopened public right-of-way, approximately 12,600 square feet (0.29 acres), located within Lot 2 of the Replat of the Foley Beach Express West Industrial Park Phase 2. The resolution follows the required public notice and hearing procedures pursuant to Section 23-4-2, Code of Alabama 1975, and provides for the preservation of existing utility rights and the filing of the resolution with the Baldwin County Probate Office.
Body
WHEREAS, the City of Foley, Alabama (the “City”) is the owner of the real property located within Lot 2 of the Replat of the Foley Beach Express West Industrial Park Phase 2, as recorded in Instrument No. 2239967 in the Office of the Judge of Probate of Baldwin County, Alabama; and
WHEREAS, a 20-foot wide north-south unopened public right-of-way runs through said Lot 2, as more particularly described below and depicted on Exhibit A attached hereto (the “Right-of-Way”); and
WHEREAS, the Right-of-Way has never been opened or improved for public travel; and
WHEREAS, the City is the owner of all lands abutting the Right-of-Way; and
WHEREAS, on October 5, 2026, the City Council proposed the vacation of the Right-of-Way and scheduled a public hearing on the proposed vacation for its regularly scheduled meeting on November 16, 2026, pursuant to Section 23-4-2, Code of Alabama 1975; and
WHEREAS, notice of the proposed vacation and public hearing was published once a week for four consecutive weeks prior to the hearing in a newspaper of general circulation in the portion of Baldwin County where the Right-of-Way lies, on October 16, October 23, October 30, and November 6, 2026; and
WHEREAS, a copy of said notice was posted on a bulletin board at the Baldwin County Courthouse and was served by U.S. mail at least 30 days prior to the public hearing on all abutting owners and on all entities known or believed to have facilities or equipment within the Right-of-Way; and
WHEREAS, the City Council held a public hearing on the proposed vacation on November 16, 2026, at which all persons alleging to be affected by the proposed vacation were given the opportunity to submit written objections or to be heard; and
WHEREAS, no other lots or parcels of land will be cut off from access by the vacation of the Right-of-Way, and all other property owners will continue to have convenient and reasonable means of ingress and egress to and from their property over the remaining public streets and rights-of-way; and
WHEREAS, the City Council finds that it is in the interest of the public that the Right-of-Way be vacated.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA, as follows:
Section 1: Description of Right-of-Way. The Right-of-Way vacated by this Resolution is described as follows:
The 20-foot wide north-south right-of-way located within Lot 2 of the Replat of the Foley Beach Express West Industrial Park Phase 2, as recorded in Instrument No. 2239967 in the Office of the Judge of Probate of Baldwin County, Alabama, containing approximately 12,600 square feet (0.29 acres), as depicted on Exhibit A attached hereto and incorporated herein.
Section 2: Public Interest. The City Council finds and declares that it is in the interest of the public that the Right-of-Way be vacated.
Section 3: Vacation. Pursuant to Section 23-4-2, Code of Alabama 1975, the City Council hereby vacates the Right-of-Way and consents to its vacation. Upon filing of this Resolution in the Office of the Judge of Probate of Baldwin County, Alabama, all public rights and liabilities in the Right-of-Way, including any rights acquired by prescription, shall be divested, and title to the Right-of-Way shall vest in the abutting landowner.
Section 4: Utility Rights Preserved. Any entity having utility lines, equipment, or facilities in place within the Right-of-Way at the time of this vacation shall retain the right to continue to maintain, extend, and enlarge such lines, equipment, and facilities to the same extent as if this vacation had not occurred.
Section 5: Filing and Notice. The City Clerk is directed to file a certified copy of this Resolution, together with Exhibit A, in the Office of the Judge of Probate of Baldwin County, Alabama, and to cause notice of the City Council’s action to be published once in a newspaper in Baldwin County no later than 14 days after the adoption of this Resolution.
Section 6: Authorization. The Mayor, City Clerk, City Attorney, and City staff are authorized to take all actions necessary to effectuate this Resolution.
Section 7: Effective Date. This Resolution shall become effective immediately upon its adoption.