Title
(Second Reading) An Ordinance Declaring Certain Real Property Surplus and No Longer Needed for Municipal Purposes and Authorizing the Sale of the Same
Summary
WHEREAS, the City of Foley owns certain real property identified as Lot 3B, being a resubdivision of Lot 3 of the Foley Beach Express Industrial Park Unit 7 Subdivision, as recorded on Slide 2969-A on September 19, 2024, in the Office of the Judge of Probate of Baldwin County, Alabama;
WHEREAS, Lot 3B is located within the municipal limits of the City of Foley, Alabama and consisting of approximately 15+/- acres;
WHEREAS, the City of Foley further desires to subdivide Lot 3B into a 3 acre and a 12 acre parcel, more or less, as depicted on the attached map attached hereto as Exhibit “A”;
WHEREAS, the City desires to convey 3+/- acres of Lot 3B to Brabner and Hollon, Inc. for the purposes of developing an office and warehouse;
WHEREAS, the City desires to convey 12+/- acres of Lot 3B to Baldwin Industrial Storage and Warehousing LLC for the purposes of constructing a logistics facility and to support
further growth for their company:
NOW THEREFORE, be it ordained by the City Council of the City of Foley as follows:
SECTION 1. That the City Council hereby finds and declares that the following property, to be subdivide in accordance with Exhibit A, is no longer needed for municipal purposes and that it is in the best interest of the City of Foley to convey the same to Brabner and Hollon, Inc. and Marinetrans Logistics, Inc. on the terms, Ex. restrictions and conditions as set forth in the Purchase Agreements attached hereto as Exhibits “B” and “C”:
Lot 3B, being a resubdivision of Lot 3 of the Foley Beach Express Industrial Park Unit 7 Subdivision, as recorded on Slide 2969-A on September 19, 2024, in the Office of the Judge of Probate of Baldwin County, Alabama;
(the “Subject Property”). The City expressly finds and declares that the consideration expressed in the attached Purchase Agreements to be paid to the City of Foley by each purchaser is good, valuable, sufficient and adequate consideration to the City.
SECTION 2. That, pursuant to Code of Alabama, Section 11-47-20 and applicable law, the Mayor and City Clerk of the City of Foley are hereby authorized and directed to execute, acknowledge, attest and deliver a statutory warranty deed for the Subject Property.
SECTION 3. That the officers of the City, or any one or more of them, are hereby authorized and directed to do and perform or cause to be done or performed in the name and on behalf of the City such other acts, and execute, deliver, file and record such other instruments, documents, certificate, and notifications, all as shall be required by law or necessary or desirable to carry out the provisions and purposes of this Ordinance.
SECTION 4. That this Ordinance shall take effect immediately after its publication as required by law, and all resolutions, ordinances, orders, or parts thereof in conflict or inconsistent
with any provision herein are, to the extent of such conflict or inconsistency, hereby repealed.
SECTION 5. The terms and provisions of this ordinance are severable. If any part or portion of this ordinance is declared invalid, void, or unconstitutional, that portion shall be deemed severed, and the remaining portions of the ordinance shall remain in full force and effect.
SECTION 6. This Ordinance shall become effective immediately upon its adoption and publication as required by law.