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. T...
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