Title
A Resolution Vacating Unopened Right-Of-Way
Summary
A Resolution vacating a 20-foot-wide unopened public right-of-way, approximately 12,600 square feet (0.29 acres), located within Lot 2 of the Replat of the Foley Beach Express West Industrial Park Phase 2. The resolution follows the required public notice and hearing procedures pursuant to Section 23-4-2, Code of Alabama 1975, and provides for the preservation of existing utility rights and the filing of the resolution with the Baldwin County Probate Office.
Body
WHEREAS, the City of Foley, Alabama (the “City”) is the owner of the real property located within Lot 2 of the Replat of the Foley Beach Express West Industrial Park Phase 2, as recorded in Instrument No. 2239967 in the Office of the Judge of Probate of Baldwin County, Alabama; and
WHEREAS, a 20-foot wide north-south unopened public right-of-way runs through said Lot 2, as more particularly described below and depicted on Exhibit A attached hereto (the “Right-of-Way”); and
WHEREAS, the Right-of-Way has never been opened or improved for public travel; and
WHEREAS, the City is the owner of all lands abutting the Right-of-Way; and
WHEREAS, on October 5, 2026, the City Council proposed the vacation of the Right-of-Way and scheduled a public hearing on the proposed vacation for its regularly scheduled meeting on November 16, 2026, pursuant to Section 23-4-2, Code of Alabama 1975; and
WHEREAS, notice of the proposed vacation and public hearing was published once a week for four consecutive weeks prior to the hearing in a newspaper of general circulation in the portion of Baldwin County where the Right-of-Way lies, on October 16, October 23, October 30, and November 6, 2026; and
WHEREAS, a copy of said notice was posted on a bulletin board at the Baldwin County Courthouse and was served by U.S. mail at least 30 days prior to the public hearing on all abutting owners and on all entities known or believed to have facilities or equipment wit...
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