Title
A Resolution of the City Council of the City of Foley, Alabama, Authorizing the Dedication of a Thirty-Foot (30') Wide Strip of City-Owned Real Property.
Summary
Description of Topic: (who, what, where, when, why and how much)
Budgetary Impact:
Non-Capital Item:
____ Budgeted under account #_______________ (discussion item)
____ Not budgeted, requesting transfer of $__________ from Account #______________ to Account #_____________.**Request to Transfer Departmental Budget Dollars form must be attached**
____ Not budgeted requiring increase to account #___________ in the amount of $____________.**Request to Increase Departmental Budget Dollars form must be attached**
Capital - Departmental **Capital Purchase Worksheet form must be attached**
____ Budgeted under account #______________ for $_________ and described in budget as ________________________. Additional amount needed, if any: Increase in budget of $_________ OR, transfer of $________ from Account #____________ to Account #_____________**Request to Increase OR Request toTransfer Departmental Budget Dollars form must be attached**
____ Not Budgeted - account #____________ requires budget increase of $_____________.**Request to Increase Departmental Budget Dollars form must be attached**
Capital Project - **If requesting to start a project, a Capital Project Worksheet form must be attached**
In current year Capital Projects Plan:
_____ Yes, described as __________________________, planned amount $___________, requesting $_________ as total project estimate, including contingencies, under account #_________________
_____ No, requesting $___________ as total project estimate, including contingencies, under account #____________________.
_____ Yes, requesting an increase of $___________ to an already approved project titled ________________________ that is being tracked under Account No. ___________________.
_____ No, requesting an increase of $__________ to an already approved project titled _______________________ that is being tracked under Account No. _________________.
Body
WHEREAS, the City of Foley, Alabama (the “City”), is the owner in fee simple of certain real property situated in Baldwin County, Alabama, bearing Tax Parcel Nos. 05-54-05-21-2-000-003.000 and 05-54-05-21-2-000-014.000 described as follows, to-wit:
COMMENCING AT THE NORTHWEST CORNER OF BLOCK “A” OF REIMER SUBDIVISION, AS RECORDED IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA, ON SLIDE 128-B; THENCE S-89º46’00”-W, A DISTANCE OF 120.00 FEET, TO A POINT LOCATED ON THE EAST RIGHT-OF-WAY LINE OF STATE HWY 59 (N. MCKENZIE ST); THENCE RUN N-00°14’00”-W, A DISTANCE OF 30.00 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, TO A POINT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE RUN N-00°00’00”-E ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 166.42 FEET, TO A POINT; THENCE RUN N-89º54’21”-E, LEAVING SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 675.79 FEET, TO A POINT, THENCE RUN S-00°08’25”-W, A DISTANCE OF 164.73 FEET, TO A POINT; THENCE RUN S-89º46’00”-W, A DISTANCE OF 676.78 FEET TO THE POINT OF BEGINNING. (the “Subject Property”); and
WHEREAS, the City is undertaking a capital improvement project designated GMC Project No. CMOB240064 (Right-of-Way Acquisitions, Mid-North Foley) (the “Project”); and
WHEREAS, in connection with the Project, the City desires to dedicate a thirty-foot (30’) wide strip of the Subject Property, containing 0.40 acres (17,460 square feet), more or less, as public right-of-way, the legal description of which is attached hereto as Exhibit A and the layout of which is shown on Exhibit B, attached hereto and incorporated herein by reference (the “Right-of-Way”); and
WHEREAS, the City Council has considered the matter and finds that the dedication of the Right-of-Way serves a valid public purpose and confers a substantial public benefit by providing for the establishment, construction, use, and maintenance of public right-of-way, roadway, drainage, and related public infrastructure, and by promoting the public health, safety, convenience, and welfare of the citizens of the City of Foley; and
WHEREAS, the City Council finds that it is in the best interest of the City and the public to authorize the dedication of the Right-of-Way and to authorize the Mayor and City Clerk to execute, attest, record, and deliver a Right-of-Way Dedication instrument on behalf of the City;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Foley, Alabama, as follows:
SECTION 1: Findings. The foregoing recitals are true and correct and are incorporated herein by reference as findings of the City Council.
SECTION 2: Approval of Dedication. The City Council hereby approves and authorizes the dedication of the Right-of-Way, being a thirty-foot (30’) wide strip of the Subject Property more particularly described in Exhibit A and as depicted in Exhibit B hereto, as public right-of-way for public use.
SECTION 3: Authorization to Execute. The Mayor of the City of Foley is hereby authorized and directed to execute the Right-of-Way Dedication instrument, and the City Clerk is hereby authorized and directed to attest the same and to affix the municipal seal thereto, in substantially the form presented to and reviewed by the City Council, with such non-substantive changes as may be approved by the City Attorney.
SECTION 4: Authorization to Record and Deliver. The Mayor and City Clerk are hereby authorized and directed to record the executed Right-of-Way Dedication instrument in the Office of the Judge of Probate of Baldwin County, Alabama, and to deliver such instrument and take such further actions as may be necessary or appropriate to carry out the intent of this Resolution.
SECTION 5: Acceptance. To the extent required, the City Council, on behalf of the City and the public, hereby accepts the dedication of the Right-of-Way for public right-of-way purposes.
SECTION 6: Ratification. All prior acts of the officers, employees, and agents of the City taken in furtherance of the matters authorized by this Resolution are hereby ratified, confirmed, and approved.
SECTION 7: Severability. If any provision of this Resolution is held invalid, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect.
SECTION 8: Effective Date. This Resolution shall take effect immediately upon its adoption.
SECTION 9: This Resolution shall become effective immediately upon its adoption as required by law.