Title
Authorizing the purchase or condemnation of certain real property currently owned by DCF, LLC
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)
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 has been leasing the following real property located on Highway 59 in the corporate limits of the City for use as a public parking lot for many years:
Lots 16, 17, 18 and 19, Block 11 of Magnolia Springs Land Company Subdivision of Foley, Alabama, according to the plat thereof recorded in Map Book 1 at page 25 in the Office of the Judge of Probate of Baldwin County, Alabama.
(the "Parking Lot"); and
WHEREAS, the City's lease expired, and the City is currently continuing to occupy the Parking Lot on a holdover, month-to-month basis; and
WHEREAS, the Parking Lot is in need of capital improvements to the pavement, striping, and other matters to improve its functionality, condition, and appreance; and
WHEREAS, the CITY desires to make the capital improvements that are required to the Parking Lot, but only if it can be assured of the public being able to continue to use the Parking Lot for a long enough period of time to justify the expense; and
WHERAS, the City of Foley attempted to enter into a long term lease and to purchase the Parking Lot from the owner, DCF, LLC, but the parties have been unable to come to any agreements; and
WHEREAS, it is in the best interest of the public, and it will serve the general public welfare and public benefit, for the Parking Lot to remain open and available to the public and for the Parking Lot to be improved by the City;
NOW THEREFORE, be it resolved by the City Council of the City of Foley as follows:
1. That the Mayor, subject to legal review and approval, is hereby authorized and directed to execute such documents and to enter into such agreements to pay such sums of money as he deems necessary, reasonable or prudent to negotiate for and purchase the Parking Lot from the owner bearing in mind the fair market value of the Parking Lot at its highest and best use.
2. That if the Mayor is not able to purchase the Parking Lot on mutually agreeable terms, then the law firm of Helmsing, Leach, Herlong Newman & Rouse, P.C. is hereby authorized and directed to incur such expenses and to take such actions, including the prerequisites and the filing of a condemnation action, as are required to condem the Parking Lot from its current owners for continued public use by the City in fee simple (less mineral rights) for which the City hereby obligates itself to pay the compensation deemed owned by the City for the taking of the Parking Lot as a result of the condemnation proceedings.