HomeMy WebLinkAbout06-19-1957 Special MeetingSTATE OF ALABAMA
Saeidw%n County
The City C ounc i I of the City- of Fa i rhope met in special session
at the City Hal I on Wednesday, Junes 19, 1957 at 7:30 P.Al. wi th the
fol Iowl ng members present: Mayor E.B. Overton, City Manager
C.B'. Niemeyer, Gounci Imen Selew. Bergltin, McDaniel sk-Ruffles.
Councilman Shull being absent.
"notion by, Counc i I man McDan i el s seconded by councilman Bel ew.
that the minutes of the previous regular meeting be approved as read.
Motion carried.
Mayor Overton presented a letter from the Alabama State Fl,anning
Board stating that as Football stadium on school grounds is permitted
in an R-I zone. The Mayor also pointed out that the money used in
preliminary work was derived solely from cigarette and beer tax.
Representatives of various groups met with the council in
regards to st ad i urrr being bu i It on high school ground's.
Motion by councilman Ruffles seconded by councilman McDaniel s
that the city proceed wi th park and recreation program on school
grounds as out 11ned, by the parr< and' recreatIon, � Ord. Voting
yes. Councilmen Berglin, Mc Daniels and R�uifles, voting No:
Counci Iman Belew-Motion carried. Counc i (man Belem definitely in favor
of a stad'i um but ar municipal stadium and not a stadium on Public
High School grounds.
Motion by councilman Berglin seconded by councilman Bele:v that
the city deed to the Fairhope,Yacht Club the land Iy4mg south of
proposed new channel in lot A. Sea Cliff as per map recorded in
the off ice of the Judge of Probate of Baldwin County in Deed Book
7 NS,,, at page 9'-I for the purpose, of construction harbor
facilities on a, permanent basis. Motion carried.
Motion by councilman Selew seconded by councilman McDaniel
that the meeting adjourn. Motion Carried.
i4;p Irovec1
Attest----/�„ _ _..
STATE OF ALA"/,.MA
3AL DVI I N COUNTY
KNOW' ALL %VO BY THESE PRESENTS, that whereas heretofore on the 25th day
of June, 1956 the City of Fairhope did lease to the undersigned Fairhope
Yacht Club, a corporation, a portion of Lot A Seacliff as per map recorded
in thp-office of the Judge of Probate -of Caldwin County in Deed Book 7 NS,
at page 90-1; and
Whereas it is noe%, proposed.to widen, deepen and change the boat channel
across a portion of the said land;
Now Therefore, in consideration of the sum of One (41.00) Dollar to it
in hand paid by the City of Fairhope, the receipt of which is hereby acknow—
ledged, the Fait -hope Yacht Club does hereby release and relinquish frcm the
operation of the aforesaid lease agreement, that portion of the lands covered
by the said agreement described as follows, to —wits
Beginning at a point which is 217�.41 feet North 89* 08' 15" 'Nest
of the Northeast corner of Barron DeF erriet Grant, in Section 37,
Township 6 South, Range 2 East, and on the''Nest bank of Fly Creek;
thence, South 20" 22' 'Nest along sa i d shore, I i ne 80 feet; thence
North 69° 38' West 600 feet to the shore I�ine of Mob ile Bay; thence
North 2C° 22* East along said shore 1!ine li%O feet; thence South 69°
381, East 30.0 feet; thence North 20' 22' East 10.0 feet; thence South
69° 381 East 30.0 feet; thence South 200 22' West 35.0 feet, thence
South 690 331 East 80.0 feet; thence North 20* 221 East 35.0 feet;
thence South 690 38' East 130.0 feet; thence North 20* 22' East 30.0
feet; thence South 69° 38' East 320.0 feet to the Western Shore
line, of Fly Creek; thence South I5* 58' West along said shore Iine
13C.3 feet to the point of beginning; containing 2.55 acres, more
or less; being a portion of Lot A of Sea Cliff Subdivision,, in the
VJilliam Patterson Grant in Section 8, Township 6 South, Range 2 East;
Reserving However, to the Fairhope Yacht Club, all such rights and
privileges in the aforesaid lease agreement as may be used and enjoyed by the
Fairhope Yacht Club without interfering with or abridging the rights and ease—
ments.of the United States of America and its assigns while improving Fly
Creek in accordance with a project set forth in House Document No. 194, Eichty—
first Congress, Ist session.
IN 'i'li TNESS %HEREOF the said Fat rhope Yacht Club, a corporation, acting
through and by its C..o7' , and
its , has caused the --se,
presents to be executed and its corporate seal to be hereto affixed this
the day of , 19 ✓� 7
FAIRHOPE
Y.
J
Its
By,
Its
STATE OF ALABAMA
BALDWIN COUNTY
I, , a Notary Public in and for
said County in said State, hereby certify that
and , whose names as
and , respectively, of the Fairhope Yacht Club, a
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 the conveyance, they, as such officers and with full
authority, executed the same voluntarily for and as the act of the
said corporation.
1957. Given under my hand and seal this the ______ day of ,
otaryNPublic, Baldwin County, Ala.
STATE OF ALAOA1114A
BALM M COUNTY
KtIOP,'l ALL MEN BY THESE FRESENTS, that whereas heretofore on the 25th day
of June, 1956 the City of Fairhope did {ease to the undersicned Fairhope
Yacht Club, a corporation, a portion of Lot A Seaeiiff as per map recorded
in the office of the Judge of Probate of Baldwin County in Deed Book 7 NS,.
at page 90-11 and
Whereas it is now proposed to widen,, deepen and change the boat channel
across a portion of the said land,;
Now Therefore, in consideration of the sum of One (S1.00) Dollar to it
In hand paid by the City of Fairhope, the receipt of which is hereby acknow-
[edged, the FetJehope Yacht Club does hereby release and relinquish from the
operation, of the aforesaid lease agree,nent, that portion of the lands covered
by the said agreement described as fo#lowrst to-witx
Begtnning at a point which is 21,75.41 feet north £".9° 013' 15" 'last
of the Northeast corner of Barron DoFerriet Grant, in Section 37,
Township 6 South, Rang e 2 East, and on the Vest bank of Fly Creed:;
thence South 200 221 West along said shore line E0 feet; thence
North 69" 38• West 600 feet to the shore line of Mcbale Bay; thence
North 200 220 cast along said shore line 170 feet; thence South 69
38• East 30.0 feet; thence North 200 22* East 10.0 feet; thence South
69' 389 East 30.0 feet; thence Srxith 200 2v' Vest 35,0 fact; thence
South 690 30t East 80.0 feet; thence North 200 22' East 35.0 feet;
thence South 69' 389 East 130.0 feet; thence North 200 22' East 30.0
feet; thence South 69° 381 East 320.0 feet to the Western Shore
l ine, of Fly Creok;thence South 150 50' ~test along said shore t ine�
130.3 feet to the point of beginning; containing 2.55 acres, more
or Less; being a portion of Lot A of Sea Cliff Subdivision, in the
William Patterson Grant in Section 8. Township 6 South, Range 2 East;
Reserving However, to the Fairhope Yacht Club, all such rights and
privileges in the aforesaid lease agreembnt as may bo used and enjoyed by the
Fairhope Yacht Club without interfering with or abridging the rights and ease-
monts of the United States of America and its assigns while improving fily
Creek in accordance with a project set forth in Houser Document No. 194. Eighty-
first Congress, Ist Session.
IN 1J -MESS WHEREOF the said Fairhope Yacht Club, a corporation, acting
through and b��r�-�1�_ , its I.PJt/ , and
F
Its , has caused these.
presents to be executed and its corporate seat to be hereto affixed this
the _._r._.;Z!'_( day of
FAIR ACHT 13i3
By
Its
By
.- 4��
Its
•
e
sTATZ OF ALABAMA
BALDWIN CDUI
I, , arotary Public in and for
said County n e tote, ere y eert y that
and . , whose names as
and , respectively, of the -r ope Yacht C1u , a
corporation,, Aveasigned to the foregoing conveyance, and who are known
to me, acknowledged before so on this day that, being informed of the
contents of the conveyance, theyy, as such officers and with full
authority, executed the ease voluntairily for and as the act of the
said corporation.
Given under any hand and seal this the _�day of
19570
Notary FuSlics Rldwin County# 140
a
I
F A I R H 0 P E YACHT CLUB
POST OFFICE BOX 1316
FAIRHOPE On Mobile Bay ALABAMA
To the Mayor and Councilmen of the City of Fairhope:
At a special meeting of June 19, 1957 the Board of Governors of
the Fairhope Yacht Club unanimously approved the amendment to
Lease Agreement dated June 25, 1956 covering the lands on the
north side of Fly Creek and further authorize the Commodore,
Mr. Reynolds and the Treasurer, Mr. Krog, to sign said instrument.
In view of this action the following resolution was adopted:
Whereas: The Fairhope Yacht Club will suffer the loss of
vital existing harbor facilities, therefore the
Fairhope Yacht Club requests the City of Fairhope
to deed to the Fairhope Yacht Club the land
lying southe of proposed new channel in Lot A,
Sea Cliff as per map recorded in the office of
the Judge of Probate of Baldwin County in Deed
Book 7 NS, at page 90-1 for the purpose of
constructing harbor facilities on a permanent
basis.
It was regularly moved, seconded and carried by vote that this
authorization be adopted provided that the City of Fairhope
grant the request herein. If this request is not jranted the
Board of Governors do not feel empowered to act until a special
meeting of General Membership is called and informed of new
conditions and changes concerning the channel and this will be
done within six (6) days from date.
I certify that this is a true copy of pertinent parts of the
minutes of the Fairhope Yacht Club.
hJ . J Burns
ec tary
-home of Lightning Neel 135
Anchorage and Club House at Bayou Volanta
� ' rc
•- . "
.4 C UPY
PER.1�iTtTL EASI'T
FLY CR=- K PROTECT
This deed is made and entered into this 7-514-hay of
1957, by and between the City of Fairhope, a municipal corpora -Lion., under the
lags of the State oA. Alabama, acting by and through its da.ly authorized officers
in pursuance of a resolution duly and legally adopted by its Mayor and Council
on the ' day of tt;:" "W 19%, a certified copy of which is
hereto attached as exhibit "A", and made a part hereof, party of the first part,
and the United St,o to s of America and its assigns., party of the second part,
i`11TiZ,�S LTH :
WI-E,REAS, in the river and Harbor .act of Congress approved 17 ray 1950,
provision was made for the improvement of Fly Creek in accordance with a project
set forth in :louse Document No. 194, Eighty-first Congress, lst Session, sub ject
to tale condition that local interests furnish free of cost to the United States
all lands, easements, and rights -of -way needed for the improvement, and
Z1H=�r,,�AS, The party of tine first part has assamed the role of local interests
pursuant to the above referenced act of Congress and is the o?mer in fee simple
of a tract of land situated in Bal&dn County, State of Alabama, and beirg in
Block A. of Sea Cliff Subdivision, in the %'illiam Patterson Grant in Section 8,
Tmmship 6 South, I�a.nge 2 East, St. Stephens I 3ri.dian, &-il&ri.r County, Alabama,
more particularly described as folla!s:
Leginning at a point which is 2175.41 feet N 89° 081 15" W of
the northeast Corner of Barron DeFerriet Gra-at, in Section 37, Tam -
ship 6 South, Range 2 East, and on the 5,Test bank of 1 "Iy Creek;
thence S 200 221 W along said shore line 80 feet;
thence N 690 38' 7:' 600 feet to the shore line of .'lobile Bay;
thence N 200 221 E along said shore line 170 feet;
thence S 690 381E 30.0 feet;
thence Y 200 22' E 10.0 feet;
thence S 690 38' E 30.0 feet;
thence S 200 22t TY 35.0 feet;
thence S 690 381 E 80.0 feet;
thence N 200 221 E 35.0 feet;
thence S 690 381 E 130.0 feet;
thence IV 200 221 E 30.0 feet;
thence S 690 38+ E 320.0 feet to the Western Shore line of Fly Creek;
thence S 150 531 W along sai ci shore line 130.3 feet to the point of
beginning;
containing 2.55 acres more or Less.
Desir-nated as Tract No. A-100-13, Fly Creek Channel, -tight-of-way for
Channel.
AID ',HIMAS, the said tract of land is needed in connection with the
aforesaid L:,v)rovement,
A1(f' l;'•,�iZBFO"'22, In consideration of the sum of one dollar ($P1.00), the
receipt of tJhich is heresy acknc*.ledged, and the benefits to accrue to the
party of the first part that will result from the proposed improvement of
Fly Creek, the part`,- of the first part does hereby grant, bar ai_', sell, and
convey u_ito the party of t1s second part, the perpetual right, pot.Ter, privilege
and easement to enter upon, dig, cut away and/or remove all of the hereinbefore
described tract of land or as-.,mtoh thereof as nay be required for the construc-
tion and maintenance of the aforesaid work of in, or any enlargement
thereof, and to maintain the portion cut away and removed as a part of the
navigable waters of the Un_i_'ced states. FP .33RUIHG f_0?��TT�R, to the party of the
first part, and its assigns, all such r�.ghts and privileges in said tract of
land as Y-i y be used and enjoyed raithomt interfering with or abridging the rights
and easements hereby conve-yed to the party of the second part.
TO HAW A-14Di TO HOLD t1he said rights and easements unto ti.Le party of the
second part, the United States of America, and its assigns, for the purposes
aforesaid, forever. And the said party of the first part, for itself, its
,successors, and assigns, does hereby covenant with the party of the second
part that it is latTfully seized in fee of the aforegranted premises; that the
said 1-)remises are free from all enmi-mbr-nces; the first party has good
right to sell and convoy the same as aforesa.ic'; and that it will warrant and
defend the title of tie same to the said party of t'lle second part, and its
assigns, against the lawful clai.is and deraa nds of all persons.
ii :1I1' 33,S i _OF, T'he said City of Fa_i_rhape has caused its siglk?.ture
to be hereto affixed by the i:i:2-yor of the CitTT of Pairhope and such signature...
to be attested by t-he City Clerk of said City on this the 7-�� cy of
1; 5'l.
ATT_IST :
BY:
icy Cler
CORP011S11L
HERE
CITY Cr PAIR'iOF'1P, AIAIWIA
A tunic ipa l Corpgration :
E - -
BY f �
i iayor
u
STATE OF AI ABA DI
C OUIM OF BALD IIN
a Notary Public in and for said
County in said State, hereby certify that, L. B. Overton, whose name as Nayor
of the City of Fairhope, a municipal corporation, is signed to the foregoing
conveyance, and who is kno,,m to me, acknowledged before me on this day that,
being informed of the contents of said conveyance, he, as such officer and
with Hill authority, executed the same voluntarily for and as the act of said
municipal corporation on the day the same bears date.
Given under my hand and Notarial Seal this day of
1957.
My Caamission Expires
APENDED I'MCLUTIM ADOPTED Pry TIE CITY OF FAIRHOPE, ALABAIR
':1?IE. ,AS, The river and harbor Act approved 17 May 1950 authorized the
construction of a channel 6 feet deep and 80 feet wide from deep -later in
Mobile Lay to and. ir_cludirg a turning basin 6 feet deep 130 feet wide and 330
feet long located near the first bend in Fly Creel. generally in accordance
with the plan of the District Engineer and with such modifications thereof,,
as in the discretion of the Chief of Engineers may be advisable, as shcMn
in House Document 194, 81st Congress, lst Session; and
"II:F,ii AS, the City of Fai rhope, .flab^ria i:3 vi;-.ally interested in the
project for irinrovement of Fly Creek as authorized by said Act; and
" IILRI,A, prior to initiation of work or, this project, it is necessary
in accordance with the -provisions of said Act that local intQrests provide
without cost to Vile United? States all lands, easements, rights -of -way, and
spoil -disposal areas necessary for the construction and subsequent maintenance
of the project, when and as required; hold and save the United at^tes free
from. damages due to the construction and subsequent maintenance of the works;
provide at their own expense necessary mooring facilities, including a
public landing with suitable suil,ply facilities., ,parking areas, and an all-
weather access road to the harbor facilities; maintain the existing timber
jetty at the mouth of the creek; and establish a competent and properly
constituted public body empowered to reLula.te the use, graath, and free
development of the harbor facilities with the -understanding that all such
facilities shall be open to all on equal terms; and
?:'HMEAS, the City of Fairhope, Alabama is agreeable to providing such
rights and assurances as are required by the provisions of said Act;
idCtid TiL�PEFO,w, LF, IT 1?LSOI'VE that the Cit,r of Fairhope, Alabama
hereby agrees and pledges to extend full and complete cooperation to those
who are responsible for the success of this project.. and grants this assurance
that it will provide without cost to the United States all lands, easementsp
rights -of -way, and spoil -disposal areas necessary for the construction and
subsequent maintenance of the -project, when and as required; hold and? save the
United States free from damages due to the construction and subsequent
maintenance of the works; provide at its awn expense rye cessary mooring facilities
including a public landing with suitable supply facilities, parking areas, and
an all-<<aather access raid to the harbor facilities; maintain tine existing
tiraber jetty at the mouth of the creek; and establish a competent and properly
m tJ I la I T' '`N
constituted public body empowered to regulate the use, growth, and free
development of the harbor facilities with the understanding that all such
facilities shall be open to all on equal terms.
This resolution is an amend iient of the resolution ado,,-)ted by the City
of Fairhope on the eleventh day of September 1956.
Adopted by the City of Fairhope, Alabama, this 17th day of
December 19560
(Signed) 1 s%--3.OVeCt031
T-Iayor
ATTEST:
1s/ Marie Moore
I certify that this is a true copy.
T. 0. MILLiiIZD`
Contracting Officer