Title
An Ordinance Declaring Certain Real Property Surplus and No Longer Needed for Municipal Purposes and Authorizing the Conveyance of Same to the Town of Loxley
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)
In August of 1996, the City of Foley conveyed to the Town of Loxley the 100' strip of railroad property that was located between County Road 64 on the south to Avenue B on the north. There is an irregular shaped parcel of land that was also owned by L&N Railroad that was deeded to the City of Foley that is also located within this area. The parcel is identified as PIN 26458 and is located just south of Avenue B. It has just been discovered that this parcel was not included in the original deed, therefore, the Town of Loxley is requesting that this parcel also be conveyed to them.
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 surplus and no longer needed for municipal purposes; and
WHEREAS the City finds that it will serve a public purpose to donate the surplus property to the Town of Loxley;
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 the Town of Loxley:
A parcel of irregular-shaped property at Loxley, Baldwin County, Alabama, more particularly described as follows:
Commence at a point 1980 feet north of the southwest corner of Section 11, Township 5 South, Range 3 East, said Baldwin County and 30 feet east of the west line of said Section 11; thence running due east 56.50 feet, more or less, said point being 50 feet from. and at right angles to the center line of Grantor's former Foley Branch main track and the point of beginning; thence continue due east a distance of 267.50 feet, more or less, to a point; thence due south 330 feet to a point; thence due east 153 feet to a point; thence due south 330 feet to a point on the south line of the NW ¼ of the SW ¼ of said Section 11; thence due west along said south line, a distance of 54.50 feet to a point 50 feet from and at right angles to the center line of said main track; thence northwesterly along a line of 50 feet from and parallel with the center line of said main track, a distance of 740 feet, more or less, to the point of beginning, together containing 410 acres, more or less, as shown on Seaboard System Railroad Maps, in Valuation Section No. 58, Maps No. 2 through 19; and acquired by the Seaboard Coast Line Railroad Company through merger between the Seaboard Coast Line Railroad Company and the Louisville and Nashville Railroad Company, effective December 29, 1982, recorded in Misc. Book 44, Page 1277, and name of the surviving company changed to Seaboard System Railroad, Inc. by virtue of name change effective December 29, 1982, recorded in Misc. Book 44, Page 1280.
(the "Subject Property”);
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 quit claim deed to the Town of Loxley for the Subject Property. The form of the deed shall include such reservations and exceptions as are contained in similar conveyances of the former railroad property, including utility easements and sidewalk easements.
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 the Town of Loxley and the transactions herein authorized and approved are hereby ratified, confirmed and approved.
SECTION 5. 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 6. "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 7. All ordinances or parts of ordinances, in any manner conflicting herewith are hereby repealed.
SECTION 8. This ordinance shall become effective upon its publication as required by law.