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HomeMy WebLinkAboutO-1276ORDINANCE NO. 1276 AN ORDINANCE TO TRANSFER LAND DEEDED TO CITY AS LAND FOR MUNICIPAL PURPOSES BY FAIRHOPE SINGLE TAX COLONY BACK TO FAIRHOPE SINGLE TAX COLONY FOR DEVELOPMENT AS A HISTORIC MUSEUM 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: A lot 85 feet by 155 feet, Lot 3 and North 18 feet Lot 4 and West 33 feet Lot 10 and Northwest 18 feet by 33 feet Lot 9 Fairhope Single Tax Land all in Block 5 Division 4 of the land of the said Fairhope Single Tax Corporation, as per its pat filed for record, September 13, 1911. Section 2. The Fairhope Single Tax Corporation (FSTC) transferred the subject property to the City of Fairhope (the City) by Deed on August 10, 1935. That deed stated, "But this conveyance is made upon the condition that should the property conveyed ceases to be used for municipal purposes the title shall revest in grantor, or its successors." The deed contained a reverter clause saying the land would revert to FSTC if the property is not used for municipal purposes. 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 FSTC in exchange for FSTC's promise to improve and develop the subject property as a history museum at its expense and then to re -convey the property to the City. Section 4. Further the City thanks and commends FSTC for its generous past donations of land 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 and approved this 14`h Attest: Geniece Johnson, City ler reasurer day of November , 2005. DTith�yMj.Kant, Nkkayor