Title
An Ordinance For County Lease Termination, Sale and Parking Agreement
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)
On June 2, 1969, the City of Foley and the Baldwin County Commission entered into a long-term lease agreement (99 years) for PPIN# 64600 located at the northwest corner of North Poplar Street and East Berry Avenue for the purpose of a barn and maintenance headquarters of the Baldwin County Highway Department and other related uses. This location has been selected for the First Responders Safe Room. This parcel will be subdivided into two separate adjacent parcels. The City desires to convey the east half of the parcel to Baldwin County for the continued use of a barn and maintenance headquarters. The west half of the parcel will be the First Responders Safe Room site.
Body
WHEREAS, the City of Foley owns certain real property located at the northwest corner of North Poplar Street and East Berry Avenue which the City leased to the Baldwin County Commission on or around June 2, 1969 for a 99-year term; and
WHEREAS, the City and the Baldwin County Commission mutually desire to terminate the Lease at this time even though it has term remaining; and
WHEREAS, the City has subdivided the property that is currently leased to Baldwin County into two lots; and
WHEREAS, the City desires to convey title to the eastern lot created from the subdivided property to the Baldwin County Commission, and the City desires to retain title to the western lot; and
WHEREAS, the City and the Baldwin County Commission mutually desire to enter into a cross-parking agreement whereby either party can park vehicles on the other party’s portion of the subdivided property, and walk between the parcels;
NOW, THEREFORE, BE IT ORDAINED by the Foley City Council as follows:
SECTION 1. That the City Council hereby finds and declares that the following property is no longer needed for municipal purposes, and that it is in the best interests of the City of Foley to convey the same to the Baldwin County Commission:
LOT 2 OF THE REPLAT OF A PORTION OF LOTS 10, 11 & 12 OF THE SUMMIT ADDITION TO FOLEY, A DIVISION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 7 SOUTH, RANGE 4 EAST, AS SHOWN ON PLAT THEREOF RECORDED IN MAP BOOK 1, PAGE 30 IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA; LESS THE NORTH 10 FEET OF ALL SAID LOTS AND THE EAST 10 FEET OF SAID LOT 12 AS STATED IN DEED BOOK 374, PAGE 237 RECORDED IN SAID PROBATE OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING FROM A 3/4" CRIMPED TOP IRON PIPE AT THE RIGHT-OF-WAY CENTERLINE INTERSECTION OF JUNIPER STREET AND BERRY AVENUE (STREET) AS SHOWN ON THE SUBDIVISION PLAT FOR SUMMIT ADDITION TO FOLEY, A DIVISION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 7 SOUTH, RANGE 4 EAST, RECORDED IN MAP BOOK 1, PAGE 30 IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA; THENCE RUN SOUTH 00°21'14" WEST ALONG SAID CENTERLINE OF JUNIPER STREET A DISTANCE OF 30.15 FEET TO A POINT; THENCE LEAVING SAID CENTERLINE RUN WEST A DISTANCE OF 30.00 FEET TO A 5/8” IRON REBAR WITH CAP (CA#156) ON THE WEST RIGHT-OF-WAY OF JUNIPER STREET FOR THE POINT OF BEGINNING; THENCE RUN SOUTH 00°19'23" WEST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 389.36 FEET TO A 1/2" IRON REBAR WITH CAP (CA#512); THENCE LAVING SAID WEST RIGHT-OF-WAY SOUTH 89°56'09" WEST A DISTANCE OF 240.60 FEET TO A 5/8" IRON REBAR WITH CAP (CA#156); THENCE RUN NORTH 00°36'21" EAST A DISTANCE OF 152.29 FEET TO A 5/8” IRON REBAR WITH CAP (CA#156); THENCE RUN NORTH 89°57'42" EAST A DISTANCE OF 75.01 FEET TO A 5/8” IRON REBAR WITH CAP (CA#156); THENCE RUN NORTH 00°00'00" EAST A DISTANCE OF 236.59 FEET TO A 5/8” IRON REBAR WITH CAP (CA#156) LYING ON THE SOUTH RIGHT-OF-WAY OF BERRY AVENUE; THENCE RUN NORTH 89°45'23" EAST A DISTANCE OF 166.18 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 1.74 ACRES, MORE OR LESS.
(the “Subject Property”)
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 to the Baldwin County Commission for the Subject Property along with any other necessary documents to effectuate the conveyance of 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, certificates, and notifications, all as shall be required by law or necessary or desirable to carry out the provisions and purposes of this Ordinance, including any such documents as are required to (i) terminate the lease dated June 2, 1969 between the City and the Baldwin County Commission; (ii) convey title to the Subject Property; and (iii) create the cross-parking agreement between the Subject Property and the land retained by the City of Foley which had previously been leased to the Baldwin County Commission.
SECTION 4. That any prior actions taken or agreements made or documents executed by any officers of the City in connection with the Baldwin County Commission and the transactions herein authorized and approved are hereby ratified, confirmed and approved.
SECTION 5. 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 6. 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 7. All ordinances or parts of ordinances, in any manner conflicting herewith are hereby repealed.
SECTION 8. This ordinance shall become effective upon its publication as required by law.