HomeMy WebLinkAboutO-1491ORDINANCE NO. 1491
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, AS FOLLOWS:
SECTION 1. It is hereby established and declared that the following described
real property of the City of Fairhope, Alabama, is not needed for public or
municipal purposes during the term of this lease, to -wit:
TAX PARCEL 46-08-28-0-000-014.008
The Northeast Quarter of the Southeast Quarter of Section 28, Township 6
South, Range 2 East, Baldwin County, Alabama.
LESS AND EXCEPT a 50 foot wide strip over and across the eastern end
thereof for County Road #13 Right -of -Way and a 15 foot wide strip over and
across the northern end thereof as recorded in Deed Book 23, Page 196, in the
Office of the Judge of Probate, and being more particularly described as
follows:
Commencing at the Southeast corner of Section 28, Township 6 South, Range
2 East, Baldwin County, Alabama; run North 00 degrees 02 minutes 30
seconds East, along the East Section line, a distance of 1,317.55 feet to a point;
thence run North 89 degrees 52 minutes 32 seconds West, a distance of 50.00
feet to an iron pin lying on the West Right -of -Way line of County Road #13,
for the POINT OF BEGINNING; thence continue North 89 degrees 52
minutes 32 seconds West, a distance of 1,278.13 feet to a point; thence run
North 00 degrees 04 minutes 07 seconds East, a distance of 1,324.96 feet to an
iron pin lying on the South Right -of -Way line of Manley Road; thence run
South 89 degrees 59 minutes 06 seconds East, along said South Right -of -Way
line, a distance of 1,277.51 feet to an iron pin lying on said West Right -of -Way
line; thence run South 00 degrees 02 minutes 30 seconds West along said West
Right -of -Way line, a distance of 1,327.40 feet to the POINT OF BEGINNING,
consisting of 39 acres, more or less, together with all buildings and other
improvements on the same, and appurtenances.
SECTION 2. The City of Fairhope, Alabama, having received an offer from
Fairhope Dairy to lease that real property described in Section 1, above, it is
hereby declared to be in the best interest of the public and the City of Fairhope,
Alabama, to lease said real property to Fairhope Dairy under the following terms
and conditions, to -wit:
The term of this lease agreement shall begin on April 17, 2013 and ending at
midnight on November 30, 2013. The total rent for the term shall be
$2,300.00, which lessee agrees to pay to LESSOR at P.O. Drawer 429,
Fairhope, Al 36533, or at such other place or places as LESSOR may from
time to time designate. The rent shall be paid in installments as follows: lump
sum, at time of execution of lease.
SECTION 3. Pursuant to the authority granted by Section 11-47-21 of the Code
of Alabama of 1975, the Mayor of the City of Fairhope, Alabama, is hereby
directed to execute said lease agreement in the name of the City of Fairhope,
Alabama.
SECTION 4. This ordinance shall become effective immediately upon its
adoption and publication as required by law.
Ordinance No. 1491
Page -2-
SECTION 5. The sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section
of this ordinance shall be declared unconstitutional by a court of competent
jurisdiction, then such ruling shall not affect any other paragraphs and sections,
since the same would have been enacted by the municipality council without the
incorporation of any such unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6. This ordinance shall take effect immediately upon its due adoption
and publication as required by law.
ADOPTED THIS 8TH DAY OF APRIL, 2013
ATTEST:
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