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ORDINANCE NO. 1224
AN ORDINANCE TO TRANSFER LAND DEEDED TO CITY AS PARK
LAND BY FAIRHOPE SINGLE TAX COLONY BACK TO FAIRHOPE
SINGLE TAX COLONY FOR DEVELOPMENT AS A PUBLIC PARK,
NOTING SAID LAND SHALL BE DEEDED BACK TO CITY AFTER
IMPROVEMENTS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA AS FOLLOWS:
Section 1. The legal description of the real estate that is the subject matter of this Ordinance is in
Baldwin County, Alabama and is more particularly described as follows:
PARCEL B: Commencing at a Railroad Spike at the Northeast
corner of Section 28, Township 6 South, Range 2 East,
Baldwin County, Alabama, run thence South 89 degrees 49'
52" West, along the South boundary of said Section 28,
235.00 feet to a point for the POINT OF BEGINNING; thence
run South 00 degrees 25' 23" East, 467.21 feet to a point;
thence run South 89 degrees 41' 34" East, 234.09 feet to a
point on the East boundary of said Section 28; thence run
South 00 degrees 19' 13" East, along said East boundary of
said Section 28, 1262.75 feet to a point; thence run South 89
degrees 56' 35" West, 454.21 feet to a Concrete Monument;
thence run North 00 degrees, 21' 32" East, 416.84 feet to a
concrete monument; thence run South 89 degrees 57' 05"
West, 525.00 feet to a point; thence run South 89 degrees 56'
35" West, 370.99 feet to a Concrete Monument; thence run
North 00 degrees 16' 48" East, 1312.40 feet to a point on the
North line of said Section 28; thence run North 89 degrees 49'
52" East, along the said North section line, 1096.58 feet to the
POINT OF BEGINNING. Tract contains 42.17 acres, more or
less. LESS AND EXCEPT any portion lying within County
Road 44.
Section 2. The Fairhope Single Tax Corporation (FSTC) transferred the subject property to the
City of Fairhope (the City) by Park Deed in 2000. The deed stated, "The property conveyed shall
be forever used and developed as a family nature park." The deed contained a reverter clause
saying the land would revert to FSTC if the property is not used as a "family nature park." At
present, the City has not developed the site as a family nature park. Further, the City does not now
have the available funds to develop the property as intended.
Section 3. The CITY COUNCIL OF THE CITY OF FAIRHOPE hereby determines that the
subject property in its present condition is not needed for public or municipal purposes and that
the City is authorized to deed it back to the Fairhope Single Tax Corporation in exchange for
FSTC's promise to improve and develop a substantial portion of the subject property as a "family
nature park" at its expense and then to re -convey the property to the City.
Section 4. The City hereby recognizes that during the time the property is owned by FSTC, FSTC
may convey a small portion of the property for charitable or governmental purposes. Further, the
City thanks and commends FSTC for its generous past donations of parkland and its willingness to
improve the subject property for the benefit of the public and the citizens of Fairhope.
Section 5. The Mayor is hereby authorized to arrange for this exchange and execute a deed for the
City of Fairhope. However, the City property shall be deeded with such restrictions so that the
provisions of this Ordinance shall be implemented.
Section 6. This Ordinance shall become effective immediately upon its due adoption and
publication as required by law.
ADOPTED THIS 9"' DAY OF AUGUST , 2004.
Tim ant, MP
or
Attest
Geniece W. Johnson, City/
ity erk/ reasurer