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Home My WebLink AboutO-1432ORDINANCE NO. 1432 AN ORDINANCE DIRECTING THE TRANSFER OF NUMEROUS PARCELS OF LAND TO THE FAIRHOPE AIRPORT AUTHORITY, A PUBLIC CORPORATION, AND DECLARING SAID PROPERTY TO BE PROPERLY USED BY THE FAIRHOPE AIRPORT AUTHORITY FOR PUBLIC PURPOSES ASSOCIATED WITH AIRPORT OPERATION. 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: See the legal description in the Correction Deed attached hereto and marked "Exhibit A." Section 2. The CITY COUNCIL OF THE CITY OF FAIRHOPE, has determined that the above described property is properly transferred to the Fairhope Authority for the public purposes associated with the operation of the Fairhope Airport also known as the H.L. "Sonny" Callahan Airport, and said property is surplus and is no longer needed for public or municipal purposes not associated with the airport operation and the Mayor is authorized to execute a deed of said property to the Fairhope Airport Authority for use by said airport for public purposes associated with the operation of the airport. SECTION 3: This ordinance shall take effect immediately upon due adoption and publication as required by law. Adopted and approved this 23rd Day of August, 2010 Attest: Lisa A. Hanks, City Clerk STATE OF ALABAMA: COUNTY OF BALDWIN: CORRECTION DEED This deed is a Correction Deed to correct that deed which is recorded in the Records of the Probate Court of Baldwin County, Alabama on March 19, 2007, as instrument number 1037997. KNOW ALL MEN BY THESE PRESENTS, that the CITY OF FAIRHOPE, a municipal corporation organized under the laws of the State of Alabama, the Grantor, in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, hereby acknowledged to have been paid to it by the FAIRHOPE AIRPORT AUTHORITY, a public corporation organized under the laws of Alabama on the 6`b day of March, 2007, the Grantee, does hereby GRANT, BARGAIN, SELL, and CONVEY unto the said Grantee its successors and assigns, all of that real property situated in the County of Baldwin, State of Alabama, described as follows: All of that real property owned by the City of Fairhope comprising or being part of the H.P. "Sonny" Callahan Airport (sometimes known as the Fairhope Municipal Airport), which is located in Sections 4 and 9, Township 7 South, Range 2 East, and Section 33 of Township 6 South, Range 2 East, as well as all easements of all types appurtenant to the real property conveyed hereby, including, without limitation glide path easements and other easements for aircraft clearance. For the sake of clarity, this conveyance includes, without limitation, the following Tax Parcels according to the records of the Baldwin County Revenue Commissioner, numbered as follows at the time of this instrument: Parcel 46-08-33-0-000-020.003 Parcel 46-08-33-0-000-009.001 Parcel 56-02-04-1-001-005.001 Parcel 56-02-04-1-001-006.000 Parcel 5 6-02-04-2-001-001.000 Parcel 56-02-04-3-001-001.000 Parcel 56-02-04-3-001-002.000 Parcel 56-02-04-3-001-003.000 Parcel 56-02-04-4-001-001.001 Parcel 56-02-04-4-001-002.000 Parcel 56-02-04-4-001-003.001 Parcel 56-02-09-0-001-010.001 Parcel 56-02-09-0-001-004.001 Parcel 56-02-09-0-001-003.001 Parcel 56-02-09-1-001-004.002 Parcel 56-02-09-1-001-003.000 Parcel 56-02-09-1-004-010.000 Parcel 56-02-09-2-001-001.000 Parcel 56-02-09-2-001-002.000 Parcel 56-02-09-2-001-013.000 THIS CONVEYANCE IS MADE SUBJECT TO: All matters of record in the Office of the Judge of Probate of Baldwin County, Alabama. Together with all and singular the rights, members, privileges and appurtenances thereunto belonging, or in any wise appertaining; to have and to hold the same unto the Grantee, its successors and assigns, forever. Grantor covenants and agrees with Grantee to execute and deliver to Grantee such additional instruments of conveyance as may be requested by Grantee to further confirm Grantor's intent. 2 IN WITNESS WHEREOF, the CITY OF FAIRHOPE, a municipal corporation, the Grantor, has caused its seal to be hereto affixed and these presents to be executed by its Mayor and attested by its City Clerk on thisp4YAlay ofj*, 2010. THE CITY OF FAIRHOPE, A Municipal Corporation, (AFFIX SEAL) ATTEST: City Clerk STATE OF ALABAMA: COUNTY OF BALDWIN: I, the undersigned authority, a Notary Public in and for said State and County, do hereby certify that /i/y/ of IYI. kAfi-f and whose names as Mayor and City Clerk of the CITY OF FAIRHOPE, a Municipal Corporation, are signed to the foregoing conveyance, and who are known to me, acknowledged before me on this day, that, being informed of the contents of said conveyance, they, as such officers, and with full authority, executed the same voluntarily for and as the act of the said municipal corporation. 3 Given under my hand and official notarial seal on this theA day ofA�1&1 2010. &IW& IV 6J167-&2A9&a-' NOTARY PUBLIC NOTARY PUBLIC STATE OF ALABAMA AT LARGE MY COMMISSION EXPIRES: Apr 1, 2012 Grantor's Address Grantee's Address: BONDED TNRU NOTARY PUBLIC UNDERWRITERS CITY OF FAIRHOPE FAIRHOPE AIRPORT AUTHORITY 161 North Section St. 161 North Section St. Fairhope, Alabama, 36532 Fairhope, Alabama, 36532 This instrument prepared by: David A. Bagwell Lawyer P.O. Box 2126 Fairhope, AL 36533 0 I, LISA A. HANKS, as City Clerk of the CITY OF FAIRHOPE, ALABAMA, hereby certify that the attached pages numbered 1 to 5, inclusive, constitute a true, correct and complete copy of all those portions of the minutes of a meeting of the City Council of the said City held on August 23, 2010, pertaining to the matters therein set out, as the same appear in the official records of proceedings of said City, and that the attached documents designated Exhibits A-C constitute true, correct and complete copies of the forms of the said documents presented to the said meeting. WITNESS my signature as City Clerk of said City, under its seal, this 24th day of August, 2010. City Clerk of the CIT OF FAIRHOPE, ALABAMA EXCERPTS FOM THE MINUTES OF A REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, HELD ON AUGUST 23, 2010 The Mayor and City Council of the City of Fairhope, Alabama, met in regular session at the City Hall in the City of Fairhope, Alabama, on August 23, 2010, at 6:00 o'clock p.m. The meeting was called to order by the Council President Mixon, who acted as chairman of the meeting. Upon roll call, the following were found to be present: PRESENT ABSENT Lonnie Mixon, Council President Debbie Quinn, Councilmember Daniel Stankoski, Councilmember Mike Ford, Councilmember Rick Kingrea, Councilmember Timothy M. Kant, Mayor Marion E. Wynne, City Attorney Lisa A. Hanks, City Clerk Lisa A. Hanks, the City Clerk, who was also present, acted as clerk of the meeting. A quorum being present, the chairman announced that the meeting was open for the transaction of business. The following ordinance was introduced in writing by Councilmember Stankoski: