Title
A Resolution Declaring a Portion of Right of Way to be Vacated at 8454 Palmetto Way for a Masonry Mailbox
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)
Travis W. Flowers and Debra M. Flowers have submitted a Declaration of Vacation of a Portion of Right-Of-Way for 8454 Palmetto Way, Foley, Alabama. The advertising requirements have been met and the resolution is ready to be approved by Council. This Resolution should be adopted according to the rules that apply to ordinances that are permanent in nature. There should be a first and second reading or the suspension of the rules for the immediate adoption of the resolution. The first reading can be done the same day as the public hearing and the second reading can be done October 7, 2013.
Body
WHEREAS, a Declaration in writing has been signed and executed in due form by the owners of Lots 73 and 74, Unit Two, of Graham Creek Estates Subdivision as found recorded on Slide Number 1728-A and Slide Number 1728-B and as re-recorded on Slide Number 1782-A and Slide Number 1782-B, and as corrected on Slide number 2069-C and Slide Number 2069-D of the Probate records of Baldwin County, Alabama, (hereinafter the "Lot"), which Declaration is attached hereto as Exhibit "A" and made a part hereof; and
WHEREAS, the Adjoining Owners are desirous of vacating the right-of-way which abuts the above described property but only up to the first edge of the existing curb or pavement, and the Adjoining Owner does not wish to vacate any portion of the right-of-way which is currently improved or used for vehicular travel; and
WHEREAS, the Adjoining Owners have assented to the City reserving and excepting from any vacation of the right-of-way (1) any and all existing and future utility easements and rights to locate, improve, replace, maintain and repair any current or future utility improvements on said Parcel, including but not limited to street lights; (2) a construction easement for any cur...
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