Title
(Second Reading) An Ordinance Declaring Certain Real Property Surplus and No Longer Needed for Municipal Purposes and Authorizing the Sale of the Same
Body
WHEREAS, the City of Foley owns certain real property identified as Lot 1A, being a resubdivision of Lot 1 of the Foley Beach Express Industrial Park Subdivision, as recorded on Slide 2186-C on November 3, 2004, in the Office of the Judge of Probate of Baldwin County, Alabama;
WHEREAS, Lot 1A is located within the municipal limits of the City of Foley, Alabama and consisting of approximately 2.6 +/- acres;
WHEREAS, A-1 Insulating Co., Inc., a Gadsden-based insulation business, desires to locate an office and warehouse in the City of Foley with the goal of expanding their business to the southern portion of the State of Alabama;
WHEREAS, the City desires to convey Lot 1A to A-1 Insulating Co., Inc., on certain terms, restrictions, and conditions;
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 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 A-I Insulation Co., Inc. on the terms, restrictions and conditions as set forth in the Purchase and Sale Agreement attached hereto as Exhibit “A” Lot 1A, being a resubdivision of Lot 1 of the Foley Beach Express Industrial Park Subdivision, as recorded on Slide 2186-C on November 3, 2004 in the Office of the Judge of Probate of Baldwin County, Alabama, LESS AND EXCEPT the North 20’ of said Lot 1A which is being reserved for future right of way and is more particularly described as follows: [insert boundaries of north 20’] (the “Subject Property”). The City expressly finds and declares that the consideration expressed in the attached Purchase and Sale Agreement to be paid to the City of Foley by A-1 Insulating Co., Inc. 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 as required by law.