Title
(Second Reading) An Ordinance to Provide for the Conveyance of Certain Real Property of the City of Foley, Alabama
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)
Conveyance of two parcels located in the Bay Minette area that were acquired by the City of Foley from Seaboard Systems Railroad, Inc. These parcels had not previously been declared to be available for sale. Parcels are identified as PPIN #217165 and #093966.
SOURCE OF FUNDING:
Please provide the amount requested: ____________
Is this a budgeted item? Yes /No
Please provide the budgeted amount: $_____________ Account No. ___________________________
If budgeted, is this a capital purchase, capital project, or special fund? _________________________
Was this item included in the Fiscal Year Capital Projects Plan? Yes/No
If yes, please provide the amount included in Capital Projects Plan: $___________
Body
WHEREAS, the City of Foley acquired all of the right, title and interest of Seaboard Systems Railroad, Inc., to its right-of-way leading from the Bay Minette area to the south portion of the City of Foley, and,
WHEREAS, the City proposes to convey certain parcels of the property, subject to the retention of various easements for electric lines, pipelines, sidewalks, etc., and to certain restrictions on building, and,
WHEREAS, it is found and determined by the Mayor and Council of the City of Foley that the real properties hereinafter identified are not presently needed by the City of Foley, except for the future use for the purpose of laying, constructing, maintaining, etc., pipelines, wires, poles, etc., and possible drainage
BE IT ORDAINED that the Foley City Council as follows:
Section 1. That the Mayor is hereby authorized and empowered to convey the parcels or portions of the property hereinafter identified by quitclaim deed, with the restrictions and reservations, and in the manner hereinafter more specifically set out.
Section 2. The parcels to be conveyed are parcels of property acquired by the City of Foley from Seaboard Systems Railroad, Inc., and which are represented, but not warranted, to be one hundred (100) feet in width.
Section 3. The parcels are identified as Parcel #23-08-28-4-000-032.002 , PPIN 217165, and Parcel #23-08-28-1-000-059.000, PPIN 093966, located in Bay Minette, Alabama. Descriptions of the properties obtained from the records of the Tax Assessor of Baldwin County, Alabama are attached to further assist in identifying the property.
Section 4. All conveyances shall be made subject to the following reservations and restrictions, which shall run with the land: An easement and right of use for utility purposes conveyed to The Utilities Board of the City of Foley, its successors or assigns, which provides the right to construct, repair and maintain drainage ditches, storm sewers, and pipelines and appurtenances thereto; pumping stations; regulator stations, compressor stations; storm drains; utilities lines, including, but not limited to electric transmission and distribution lines, telephone lines, cable television or communication lines, and all poles, structures, guys or appurtenances thereto, over, under, along and across the real estate described above, all in accordance with the Easement of record in the office of the Judge of Probate of Baldwin County, Alabama, in Real Property Book 289, page 304-309. Construction of any building or structure on the property is prohibited. Party of the first part specifically reserves for itself and for The Utilities Board of the City of Foley and its assigns, an easement and right of ingress and egress over, along, upon or across the above described strip of land to exercise the rights and privileges reserved. Any use of the real estate described above by the party or parties of the second part (its successors or assigns, or his, her or their heirs or assigns) cannot infringe upon or jeopardize the rights reserved or conveyed to The Utilities Board of the City of Foley by the party of the first part. Party of the first part and The Utilities Board of the City of Foley, or their assigns, cannot be held responsible or liable to the party or parties of the second part (its successors or assigns, or his, her or their heirs, devisees or assigns) for any damages of any kind or nature as a result of the exercise of their rights and privileges reserved in this instrument and in the easement to the Utilities Board.
Section 5. An easement, which is hereby reserved by the Grantor, over said real property for the limited purposes of constructing, improving and maintaining a sidewalk or pedestrian and/or bicycle path which includes the rights to install street lights, benches, and other improvements and facilities that are incidental or related thereto.
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. Approves setting a public hearing to consider the sale of the property.
Section 9. This ordinance shall become effective upon its publication as required by law.