Title
Vacation of right of ways on two separate areas of Beck Road.
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)
Beck Road runs east and west from Juniper Street and turns south in between the properties the City purchased for the sports fields. The City of Foley finds that it is prudent to relocate/reroute two portions of Beck Road as outlined on the attached map. Before the vacation of these two parcels can take place the City Engineer must gain an easement from the property owners so that a right of way can be in place so that a certain parcels of land will not be land locked. If the easement is not acquired prior to the vacation then it will have to be contingent upon gaining the easement. If the easement is never gained the vacation will be null and void.
Body
WHEREAS, the City of Foley desires to vacate right of ways on two separate areas of Beck Road, and
WHEREAS, the purpose of the vacation is due to the Engineering Department having to reroute/relocate a portion of Beck Road to accommodate the ballfields and Coastal Alabama Farmers and Fishermens Market, and
WHEREAS, pursuant to Section 23-4-2 of Code of Alabama 1975, notice of said request for vacation was published and a public hearing was held on the 16th day of March, 2015, and
WHEREAS, proper notice of said request for vacation was given to the following adjacent property owners:
Edward Wallace Jr., PIN # 011500
BC Foley, LLC, PIN #'s 062539, 003790 and 089331
City of Foley Public Facilities Cooperative District, PIN #'s 040018 and 083386
Gulf Coast Community Bank, PIN #'s 040018 and 089331
D.R. Horton, Inc-Birmingham, PIN # 288288
Crossroads, LLC, PIN #288288
Castille Real Estate Co., LLC., PIN # 025665
Elmwood Foley, LLC., PIN # 067635
Scott Boone & Daniel McGuire, PIN #025665, and
WHEREAS, the legal description of the two sections to be vacated are as follows:
Area #1
That portion of the right-of-way up to the first edge of the existing curb or street improvements which abut all of that portion of the Beck Road Right-Of-Way, both Dedicated and Prescriptive lying between the East Line of Baldwin County Tax Parcel 05-61- 02-04-0-000-003.000 and the West Line of Baldwin County Tax Parcel 05-61-02-04-0-000-004.000. Said section of Right-Of-Way begins at the Southeast Corner of said Parcel 05-61-02-04-0-000-003.000 and runs northerly approximately 1212 feet to the South Right-Of-Way line of Pride Drive as found recorded in the Probate records of Baldwin County, Alabama, which land is located in the corporate limits of the City of Foley, Baldwin County, Alabama (hereinbefore and hereinafter, the "Parcel").
Area #2
That portion of the right-of-way up to the first edge of the existing curb or street improvements which abut of all of that portion of the Beck Road, Right-Of-Way, both Dedicated and Prescriptive lying between the North Line of Baldwin County Tax Parcel 05-61- 02-04-0-000-015.000 and the South Line of Baldwin County Tax Parcel 05-61-02-04-0-000-005.003. Said section of Right-Of-Way begins at the intersection of the West Right-Of-Way line of Pride Drive and the North Line of Baldwin County Tax Parcel 05-61-02- 04-0-000-015.000 and runs westerly approximately 500 feet to the West Line of Baldwin County Tax Parcel 05-61-02-04-0-000-015.000 as found recorded in the Probate records of Baldwin County, Alabama, as found recorded in the Probate records of Baldwin County, Alabama, which land is located in the corporate limits of the City of Foley, Baldwin County, Alabama (hereinbefore and hereinafter, the "Parcel").
WHEREAS, it appears to the Council of the City of Foley, Alabama that the vacation of the said right of ways is in order and that convenient and reasonable means of ingress and egress is afforded to all other property owners owning properties that adjoin Beck Road, and
WHEREAS, it is in the interest of the public that the said right of ways 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 right of ways 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.