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An Ordinance Declaring Certain Real Property Surplus and No Longer Needed for Municipal Purposes and Authorizing the Transfer of the Same in Exchange for Other Real Property On Certain Terms and Conditions
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WHEREAS, the City of Foley (“City”) owns certain real property identified as PPIN #39815 and 72520, in Foley, Alabama consisting of approximately 5 +/- acres and described as being LOTS 1-12 AND LOTS 13-24, Block F, according to the plat thereof of the Reimer Subdivision of the SW ¼ of NW ¼ Section 21, Township 7 South, Range 4 East, Baldwin County, Alabama, as recorded in Map Book 3, Page 58 (Slide 128-B) Probate Records, Baldwin County, Alabama (the “City Property”); and
WHEREAS, Professional Center North, LLC (“PCN”) owns certain real property identified as PPIN #83219 and 18300, in Foley, Alabama described as follows:
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-89°46'00"-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-89°54'21"-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-89°46'00"-W, A DISTANCE OF 676.78 FEET TO THE POINT OF BEGINNING.
(the “PCN Property”); and
WHEREAS, the City and PCN each desire to sell and exchange with each other the City Property (less forty-seven feet along the eastern boundary) and the PCN Property on certain terms, conditions, and understandings; and
WHEREAS, the City has determined that the City property is no longer needed for municipal purposes other than the reservations and exceptions contained herein, and the City finds that this transaction will serve a public purpose;
NOW, THEREFORE, BE IT ORDAINED by the Foley City Council as follows:
SECTION 1. That the City Council hereby finds and declares that, except as provided herein, the City Property is no longer needed for municipal purposes and that it is in the best interest of the City of Foley to market and sell the same to PCN for $1,074,977, but providing a credit to PCN of $951,000 from the purchase price for the value of the PCN Property to be conveyed to the City at a simultaneous closing, and providing a credit to PCN of $24,000 for the one-year delay in PCN’s possession of the City Property following closing, thereby leaving a balance owed by PCN to the City of $99,977 at closing (less the City’s 50% share of closing costs and expenses and after pro-ration of property taxes and other typical real estate closing adjustments):
BLOCK F, REIMER SUBDIVISION, AS SHOWN ON PLAT THEREOF RECORDED IN MAP BOOK 3 PAGE 58 (SLIDE 128-B) IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA.
LESS AND EXCEPT THE EASTERLY PORTION OF SAID BLOCK F WHICH IS DEDICATED FOR RIGHT-OF-WAY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING FROM A 1/2" IRON REBAR WITH CAP (ILLEGIBLE) LYING ON THE SOUTH RIGHT-OF-WAY OF A 60' WIDE UNOPENED ROADWAY AT THE NORTHWEST CORNER OF BLOCK F OF REIMER SUBDIVISION RECORDED IN MAP BOOK 3 PAGE 58 (SLIDE 128-B) IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA; THENCE RUN NORTH 89°36'12" EAST ALONG SAID SOUTH RIGHT-OF-WAY A DISTANCE OF 304.40 FEET TO A 5/8” IRON REBAR IRON REBAR WITH CAP (CA#1196) FOR THE POINT OF BEGINNING; THENCE RUN NORTH POINT OF BEGINNING; THENCE RUN NORTH ; THENCE RUN NORTH 89°48'43" EAST A DISTANCE OF 47.41 FEET TO A POINT LYING ON THE WEST RIGHT-OF-WAY OF A 30' WIDE UNOPENED ROADWAY; THENCE RUN SOUTH 00°10'41" EAST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 613.12 FEET TO A POINT LYING ON THE NORTH RIGHT-OF-WAY OF EAST FERN AVENUE (100' RIGHT-OF-WAY); THENCE RUN SOUTH 89°58'26" WEST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 49.95 FEET TO A 5/8” IRON REBAR IRON REBAR WITH CAP (CA#1196); THENCE LEAVING SAID NORTH RIGHT-OF-WAY RUN NORTH 00°03'34" EAST A DISTANCE OF 612.99 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 0.69 ACRES (29,840 SQUARE FEET), MORE OR LESS.
Said less and exception shall be reserved and retained by the City to add to the existing public right of way.
Possession of the City Property will be retained by the City for a period of one-year following the closing.
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 City 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.”