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ORDINANCE NO. 1294
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AN ORDINANCE DIRECTING THE TRANSFER OF AN
EASEMENT OVER A TWENTY FOOT STRIP OF LAND TO THE
WEST OF THE PROPERTY LOCATED AT 72 FAIRHOPE AVENUE
AND DECLARING SAID EASEMENT OVER .iAID PROPERTY TO
BE SURPLUS AND THAT THE TRANSFER WILL NOT AFFECT •.�
THE PROPERTY AS NEEDED FOR PUBLIC OR MUNICIPAL
PURPOSES.
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:
Commencing at the Southwest intersection of Fairhope Avenue and Bayview Avenue in the
City of Fairhope, Alabama, run South along the West right-of-way line of Said Bayview
Avenue (66 foot right-of-way), a distance of 225.31 feet; thence South 89 degrees, 56
minutes, 29 seconds West, 84.0 feet to the point of beginning; thence continue South 89
degrees, 56 minutes, 29 seconds West, 20 feet to a point, thence run North and parallel with
Bayview Avenue a distance of 225.31 feet to a point, thence North 89 degrees, 56 minutes,
29 seconds East, along the South right-of-way line of said Fairhope Avenue (80 foot right-
of--%„y' ) a distance oftfeet to the point of f beginning .
Section 2. The CITY COUNCIL OF THE CITY OF FAIRHOPE, has determined that
the above described property if made subject to the proposed easement will not
adversely affect the property as it is used for public or municipal purposes and the
Mayor is authorized to execute an Easement Deed regarding said property to Bayview
Ventures, L.L.C. for payment of $1,000.00 to the general fund. The Easement Deed
shall grant an easement over and on said property for engress-egress and utility service.
Said deed shall recite that Grantee shall maintain the easement and the property.
SECTION3: SEVERABILITY CLAUSE — The provisions of this Ordinance are
severable. If any part of this Ordinance is declared invalid or unconstitutional by a
court of competent jurisdiction, such declaration shall not affect the part that remains.
Section 4. This ordinance shall take effect immediately upon due adoption and
publication as required by law.
Adopted and approved this 13th day of February , 2006.
Attest:
eniece Johnson, Ci vvtlerk
�2KOLI
ayor
CITY OF FAIRHOPE
P.O. DWR 429
FAIRHOPE, AL 36533