Title
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A DECLARATION OF RESTRICTIVE COVENANTS IN FAVOR OF NATIONAL FISH AND WILDLIFE FOUNDATION
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)
Consideration of an ordinance to authorize the Mayor to execute a declaration of restrictive covenants in favor of the National Fish and Wildlife Foundation. This is regarding the 94 acre property at the terminus of Barner Road. The covenants place the property in conservation while allowing a stream restoration to be constructed.
SOURCE OF FUNDING:
Please provide the amount requested: ______NA______
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, on March 13, 2020, the City of Foley purchased property from Bill H. Bengtson, Jr., said deed attached hereto as Exhibit “A” (hereinafter the “Property”) and
WHEREAS, the Property was purchased, in large part, from funds provided by the National Fish and Wildlife Foundation (hereinafter “NFWF”); and
WHEREAS, NFWF has requested that additional restrictive covenants be placed upon the Property as enumerated in the Declaration attached hereto as Exhibit “B;” and
WHEREAS, the additional restrictive covenants requested by NFWF only burden the property in ways that are surplus or superfluous to the City’s intended use; and
WHEREAS, it is in the best interest of the public and the City, and it will promote the public health, safety and welfare of the community to impose the additional restrictions as stated in the Declaration on the Property;
NOW THEREFORE, be it ordained by the City Council of the City of Foley as follows:
1. That the City Council hereby finds and declares that the Declaration attached hereto as Exhibit “B” is reasonable and necessary to fulfill the purposes of the conveyance of the Property and that it is in the best interests of the City to execute the same.
2. That the Mayor and City Clerk of the City of Foley are hereby authorized and directed to execute, acknowledge, attest and deliver the Declaration attached hereto as Exhibit “B” and to cause same to be recorded in the Probate Records of Baldwin County.
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.
4. That any prior actions taken or agreements made or documents executed by any officers of the City in connection with the Declaration are hereby ratified, confirmed and approved.
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.