Title
(Second Reading) An Ordinance Declaring Certain Real Property Surplus and No Longer Needed for Municipal Purposes and Authorizing the Conveyance of Same to Baldwin County, Alabama
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)
Baldwin County Highway Department is requesting the donation of City ROW so they can pave Russian Road. Orange Beach has already donated their ROW for this project.
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 owns certain real property which is no longer needed for municipal purposes; and
WHEREAS, the City finds that it will serve a public purpose to donate the surplus property to Baldwin County, Alabama.
BE IT ORDAINED that the Foley City Council 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 interests of the City of Foley to donate the same to Baldwin County, Alabama:
A part of the Southeast Quarter of the Northwest Quarter of Section 23, Township 8 South, Range 4 East, identified as Tract Number 5 on the Russian Road, Project No. 0212119 in Baldwin County, Alabama and being more fully described as follows:
Parcel 1 of 1:
Commencing at a set mag nail with washer at the southwest corner of the Southwest Quarter of the Northwest Quarter of Section 23, Township 8 South, Range 4 East, in Baldwin County, Alabama; Thence S89°43’01”E along the south line of said Quarter a distance of 1356.91 feet to a point; Thence N0°0’0”W leaving the south line of said Quarter a distance of 21.26 feet to the grantor’s southwest property corner and being the Point of Beginning of the property herein to be conveyed; Thence N0°02’44”E along the grantor’s west property line a distance of 4.06 feet to a point on the acquired R/W line; Thence along the acquired R/W line and a curve to the right having an arc length of 19.19 feet, a radius of 30030 feet and a chord bearing of N89°45’43”E, terminating said curve at a point (said point is offset 30.00 feet left of and perpendicular to project centerline at Station 23+51.62); Thence N89°46’49”E along the acquired R/W line a distance of 1299.47 feet to a point on the grantor’s east property line; Thence S0°09’36”W along the grantor’s east property line a distance of 12.90 feet to the grantor’s southeast property corner; Thence N89°52’15”W along the grantor’s south property line a distance of 1318.62 feet to the Point of Beginning of the property herein conveyed and containing 0.244 acres, more or less.
And as shown on the right of way map of record in the Baldwin County Highway Department, a copy of which is also deposited in the office of the Judge of Probate as an aid to persons and entities interested therein and as shown on the Property Sketch attached hereto and made a part hereof.
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 warranty deed to Baldwin County, Alabama 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, certificates, 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 any prior actions taken or agreements made or documents executed by any officers of the City in connection with Baldwin County, Alabama and the transactions herein authorized and approved are hereby ratified, confirmed and approved.
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. All ordinances or parts of ordinances, in any manner conflicting herewith are hereby repealed.
SECTION 7. This ordinance shall become effective upon its publication as required by law.