Title
(First Reading) A Resolution Approving the Vacation of Various Rights-Of -Way
Summary
The purpose of this request is to facilitate construction of a large housing development. The public hearing will be held on June 1, 2020 with ads running May 6, 13, 20 and 27, 2020 to comply with the advertising requirements. Adjoining landowners will be notified.
Body
WHEREAS, the Foley City Council desires to vacate portions of various unopened right of way to FB Express, LLC described as follows:
The following described rights-of-way having been created by that certain deed from Magnolia
Springs Land Company to the HighwayCommissioners of Baldwin County, Alabama by deed dated
December 12, 1907 and recorded in Deed Book 22, page 314, et seq.:
A PORTION OF UNOPENED RIGHTS-OF-WAY LYING WITHIN
SECTION 1, TOWNSHIP 7 SOUTH, RANGE 4 EAST, AS
FOLLOWS:
1. A 20' WIDE STRIP OF LAND RUNNING EAST AND
WEST ADJACENT TO AND NORTH OF THE SOUTH LINE OF
THE SOUTHWEST QUARTER OF SECTION 1.
2. A 20' WIDE STRIP OF LAND RUNNING NORTH AND
SOUTH ADJACENT TO AND EAST OF THE WEST LINE OF
THE SOUTHWEST QUARTER OF SECTION 1.
3. A 15' WIDE STRIP OF LAND RUNNING EAST AND
WEST ADJACENT TO AND SOUTH OF THE NORTH LINE OF
THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 1.
A PORTION OF UNOPENED RIGHTS-OF-WAY LYING WITHIN
SECTION 2, TOWNSHIP 7 SOUTH, RANGE 4 EAST, AS
FOLLOWS:
4. A 20' WIDE STRIP OF LAND RUNNING NORTH AND
SOUTH ADJACENT TO AND WEST OF THE EAST LINE OF
THE SOUTHEAST QUARTER OF SECTION 2.
5. A 20' WIDE STRIP OF LAND RUNNING EAST AND
WEST ADJACENT TO AND NORTH OF THE SOUTH LINE OF
SECTION 2.
6. A 30' WIDE STRIP OF LAND RUNNING NORTH AND
SOUTH ALONG THE HALF- SECTION LINE THROUGH THE
NORTH HALF OF SECTION 2.
7. A 30' WIDE STRIP OF LAND RUNNING NORTH AND
SOUTH, ALONG THE HALF SECTION LINE OF THE SOUTH
HALF OF THE SOUTH HALF OF SECTION 2.
8. A 30' WIDE STRIP OF LAND RUNNING EAST AND
WEST, ALONG THE HALF SECTION LINE OF THE WEST
HALF OF THE WEST HALF OF SECTION 2.
8A. THE NORTH 15 FEET OF THE NORTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 2.
8B. THE SOUTH 15 FEET OF THE SOUTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 2.
8C. THE NORTH 15 FEET OF THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 2.
8D. THE SOUTH 15 FEET OF THE SOUTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 2.
8E. THE EAST 15 FEET OF THE NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 2.
8F. THE WEST 15 FEET OF THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 2.
A PORTION OF UNOPENED RIGHTS-OF-WAY LYING WITHIN
SECTION 10, TOWNSHIP 7 SOUTH, RANGE 4 EAST, AS
FOLLOWS:
9. A 20' WIDE STRIP OF LAND RUNNING NORTH AND
SOUTH ADJACENT TO AND WEST OF THE EAST LINE OF
THE NORTHEAST QUARTER OF SECTION 10.
10. A 15-FOOT WIDE STRIP OF LAND RUNNING EAST
AND WEST OFF THE SOUTH LINE OF THE NORTHEAST
QUARTER OF SECTION 10.
A PORTION OF UNOPENED RIGHTS-OF-WAY LYING
WITHIN SECTION 11, TOWNSHIP 7 SOUTH, RANGE 4 EAST,
AS FOLLOWS:
11. A 15' WIDE STRIP OF LAND RUNNING NORTH AND
SOUTH ADJACENT TO AND WEST OF THE EAST LINE OF
THE NORTHWEST QUARTER OF SECTION 11.
12. A 20' WIDE STRIP OF LAND RUNNING EAST AND
WEST ADJACENT TO AND SOUTH OF THE NORTH LINE OF
THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 11.
13. A 15' WIDE STRIP OF LAND RUNNING NORTH AND
SOUTH, ADJACENT TO AND EAST OF THE WEST LINE OF
THE NORTH 865.26 FEET OF THE NORTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 11.
14. A 20' WIDE STRIP OF LAND RUNNING NORTH AND
SOUTH ADJACENT TO AND EAST OF THE WEST LINE OF
THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 11.
15. A 20' WIDE STRIP OF LAND RUNNING EAST AND
WEST ADJACENT AND TO THE NORTH OF THE SOUTH LINE
OF THE NORTHWEST QUARTER OF SECTION 11.
A PORTION OF UNOPENED RIGHTS-OF-WAY LYING WITHIN
SECTION 14, TOWNSHIP 7 SOUTH, RANGE 4 EAST, AS
FOLLOWS:
16. A 20' WIDE STRIP OF LAND RUNNING EAST AND
WEST ADJACENT AND TO THE SOUTH OFTHE NORTH LINE
OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 14.
The following described rights-of-way having been created by that certain Right-of-WayDeed from
Jerry Resmondo to Baldwin County dated April 19, 1956 and recorded in Real Property Book 386,
pages 1363, et. seq.:
17. A 20' WIDE STRIP OF LAND RUNNING NORTH AND
SOUTH ADJACENT TO AND EAST OF THE WEST LINE OF
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 2, TOWNSHIP 7 SOUTH, RANGE 4 EAST.
B. The Petitioners, pursuant to Ala. Code 1975, Section 23-4-2 and Section
23-4-20, desire to vacate those portions of the unopened rights-of-way described in Paragraph A.
of this Petition, and, pursuant to applicable law, destroy the force and effect of all public rights
which may have accrued in those portions of the rights-of-way described in Paragraph A. of this
Petition and to divest all public rights, including any and all rights which may have been acquired
by prescription in and to those portion of the right-of-way described in Paragraph A. of this Petition.
C. The roadways described in Paragraph A. of this Petition are located within
the corporate limits of the City of Foley, Baldwin County, Alabama.
D. Those rights-of-way described in Paragraph A. of this Petition are of no use
to the public as a public right-of-way, and the vacation of said rights-of-way is a public necessity.
E. Those rights-of-way described in Paragraph A. of this Petition will not be
maintained by the City of Foley or Baldwin County, Alabama.
F. It is in the interest of the public that the portion of those rights-of-way
described in Paragraph A. of this Petition be closed and vacated.
G. The vacation of those rights-of-way described in Paragraph A. of this Petition
shall not deprive other property owners of such rights as they may have to convenient and
reasonable means of ingress and egress to and from their property.
H. The owners of properties abutting the rights-of-way sought to be vacated who
are not named as Petitioners herein are, on information and belief, the following:
a. Woerner Foley Farm North, LLC
818 N. McKenzie Street
Foley, AL 36585
b. Alabama Sheriff's Boys & Girls Ranches
c/o Nick Rauccio
P. O. Box 240009
Montgomery, AL 36124
c. Gopoca Holdings, LLC
7 Sugar Bowl Lane
Pensacola, FL 32561
d. Jerry Dugger
818 N. Juniper
Foley, AL 36535
e. Calloway RV & Campground, LLC
1708 Fox Croft Blvd.
Baton Rouge, LA 70815
f. Upper City Limits Farm, Inc.
P. O. Box 904
Gulf Shores, AL 36547
g. John D'Aversa
and Judy Faye D'Aversa
3800 Cotton Way
Orange Beach, AL 36561
h. 256, LLC
110 Azalea Ave. E.
Foley, AL 36535
i. Fred Kichler
14591 Kichler Circle W
Elberta, AL 36530
WHEREAS, the purpose for the vacation is to facilitate construct for a large development, and
WHEREAS, pursuant to Section 23-4-2 of Code of Alabama 1975, notice of said request for vacation was published and a hearing was held on the 1st day of June, 2020, and
WHEREAS, it appears to the Council of the City of Foley, Alabama that the vacation of said Right-Of-Way is in order and that convenient and reasonable means of ingress and egress is afforded to all other property owners owning properties that adjoin the Right-Of-Way, and
WHEREAS, it is in the interest of the public that the said Right-Of-Way be vacated.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Foley, Alabama, as follows:
SECTION 1: The vacation of the hereinabove described Rights-Of-Way is assented to and approved and same is hereby vacated pursuant to the provisions of Section 23-4-20 of the Alabama Code of 1975.
SECTION 2: Entities with utility lines, equipment, or facilities in place at the time of vacation, shall have the right to continue to maintain, extend, and enlarge their lines, equipment, and facilities to the same extent as if the vacation has not occurred.
SECTION 3: This Resolution shall become effective immediately upon its adoption as required by law.