Title
A Resolution of the City Council of the City of Foley, Alabama, Accepting the Donation of Certain Real Property From Springdale Stores, Inc.
Body
WHEREAS, Springdale Stores, Inc., an Alabama corporation (the “Grantor”), has executed a Gift Deed conveying to the City of Foley (the “City”) approximately five (5) acres of real property located in Baldwin County, Alabama, as more particularly described herein; and
WHEREAS, said conveyance is made for no consideration other than the nominal sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration necessary to validate the conveyance; and
WHEREAS, the Grantor desires to voluntarily transfer, assign, and set over unto the City all right, title, and interest in and to the real property described herein as a gift; and
WHEREAS, the City Council finds that accepting the donation of said property is in the best interest of the City and will benefit the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA, as follows:
SECTION 1: The City Council of the City of Foley hereby accepts the donation of certain real property from Springdale Stores, Inc., as described in the Gift Deed executed by Robert S. Frost, Chief Executive Officer of said corporation.
SECTION 2: The real property conveyed and accepted by this Resolution is located in Baldwin County, Alabama, and contains approximately five (5) acres, more particularly described as follows:
PARCEL B
COMMENCING AT A 5" CONCRETE MONUMENT WITH A BRASS DISK STAMPED AS THE CORNER OF SECTIONS 14, 15, 22 AND 23 OF TOWNSHIP 7 SOUTH, RANGE 4 EAST AND HAVING A STAMPED DATE OF “1969”, SAID MONUMENT BEING HELD AS THE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 7 SOUTH, RANGE 4 EAST, BALDWIN COUNTY, ALABAMA; THENCE RUN SOUTH 00°01'04" EAST ALONG THE EAST LINE OF SAID SECTION 22 A DISTANCE OF 2659.39 FEET TO A 5/8” IRON REBAR WITH CAP (CA#1196); THENCE RUN NORTH 89°59'53" WEST ALONG THE HALF SECTION LINE OF SAID SECTION 22 A DISTANCE OF 1531.37 FEET TO A 5/8” IRON REBAR WITH CAP (CA#1196) AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY OF SAID FERN AVENUE; THENCE RUN WESTERLY ALONG THE NORTH RIGHT-OF-WAY OF SAID FERN AVENUE AND A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1274.63 FEET, AN ARC LENGTH OF 304.78 FEET, A CHORD BEARING NORTH 83°03’22" WEST, AND A CHORD DISTANCE OF 304.05 FEET TO A 1/2" IRON REBAR WITH CAP (VOLKERT); THENCE RUN NORTH 89°57'14" WEST ALONG SAID FERN AVENUE A DISTANCE OF 477.26 FEET TO A 5/8” IRON REBAR WITH CAP (CA#1196) FOR THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°57'14" WEST ALONG SAID FERN AVENUE A DISTANCE OF 350.00 FEET TO A 5/8” IRON REBAR WITH CAP (CA#1196) LYING 15 FEET EASTERLY OF THE NORTH-SOUTH HALF SECTION LINE OF SAID SECTION 22 AND BEING THE EASTERLY RIGHT-OF-WAY OF A 30’ WIDE UNOPENED PUBLIC ROAD; THENCE LEAVING SAID FERN AVENUE RUN NORTH 00°06'29" WEST ALONG SAID EAST RIGHT-OF-WAY AND PARALLEL TO SAID HALF SECTION LINE A DISTANCE OF 622.00 FEET TO A 5/8” IRON REBAR WITH CAP (CA#1196); THENCE LEAVING SAID EAST RIGHT-OF-WAY RUN NORTH 90°00’00" EAST A DISTANCE OF 350.00 FEET TO A 5/8” IRON REBAR WITH CAP (CA#1196); THENCE RUN SOUTH 00°06'29" EAST A DISTANCE OF 622.28 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 5.00 ACRES, MORE OR LESS.
SECTION 3: The above-described property is accepted by the City in its “AS-IS, WHERE-IS” condition, subject to all matters of public record, all zoning and subdivision restrictions, easements and rights-of-way, the lien for ad valorem taxes which have accrued but are not yet due and payable, and any parties in possession under lease.
SECTION 4: The Mayor and City Clerk of the City of Foley are hereby authorized to execute any documents necessary to accept and record the Gift Deed and to take any additional actions required to complete the transfer of the property to the City.
SECTION 5: This Resolution shall become effective immediately upon its adoption.