RESOLUTION NO.
082-17
RESOLUTION APPROVING THE VACATION OF SCOTT CIRCLE
WHEREAS, on January 19, 2017, MALCOLM C. HUMPHRIES, MARY JANE HUMPHRIES, PAUL GABERLAVAGE, VIRGINIA GABERLAVAGE, TYLER ANTHONY MONDAY and JENNIFER MONDAY, were the owners of all of the property abutting along Scott Circle in the City of Opelika, Alabama as shown on plat of Dista-Cast Acres Subdivision, a copy of which appears of record in Plat Book 4 at Page 37 in the Office of the Judge of Probate of Lee County, Alabama; and
WHEREAS, the area described as Scott Circle in the Dista-Cast Acres Subdivision is referred to as Judson Street as shown on Brookwood First Addition, a copy of which appears of record in Plat Book 7 at Page 170 in the Office of the Judge of Probate of Lee County, Alabama; and
WHEREAS, a Petition to Vacate Scott Circle, duly executed by the abutting property owners, has been duly presented to the City Council (the “City Council”) of the City of Opelika, Alabama, a municipal corporation, for the assent and approval of the governing body, said Petition with map attached being hereto affixed, marked Exhibit “A” and made a part hereof; and
WHEREAS, the Petition is filed in accordance with the provisions of §23-4-20, Code of Alabama, 1975, which provides that any street or alley may be vacated, in whole or in part, by the owner or owners of the land abutting the street or alley or abutting that portion of the street or alley desired to be vacated; and
WHEREAS, on January 20, 2017, Malcolm C. Humphries, Sr., died testate a resident of Lee County, Alabama; and
WHEREAS, upon the death of Malcolm C. Humphries, Mary Jane Humphries became the sole owner of Lot 1 of Dista-Cast Acres Subdivision, a copy of which appears of record in Plat Book 4 at Page 37 in the Office of the Judge of Probate of Lee County, Alabama; and
WHEREAS, on March 16, 2017, Mary Jane Humphries conveyed Lot 1 of Dista-Cast Acres to Elizabeth Ann Merchant; and
WHEREAS, all owners of land abutting the portion of said Scott Circle (a.k.a. Judson Street) proposed to be vacated have joined in the Petition to vacate said right-of-way; and
WHEREAS, the portion of Scott Circle (a.k.a. Judson Street) to be vacated is more particularly described as follows:
Commence at a point known as the Southwest Corner of Section 6, T-19-N, R-27-E, Lee County, Alabama; thence N 87°52’00” E 2,641.40’ to a point; thence N 00°54’00” E 807.10’ to a set nail located on the East Right-of-Way (60’) of Rocky Brook Road and the POINT OF BEGINNING for the herein described parcel of land (said point also located on the South side of Judson Street); thence leaving said South side continue along said East Right-of-Way (60’) of Rocky Brook Road N 00°53’12” W 103.36’ to a cotton spindle located in a curve on the North side of Judson Street; thence leaving said East Right-of-Way (60’) of Rocky Brook Road and along said North side of Judson Street the following two (2) courses: (1) Chord Bearing S 54°26’06” E, Chord Distance 48.26’, Radius 30.00’; (2) N 72°01’00” E 168.20’ to an iron pin; thence leaving said North side S 00°51’04” E 62.88’ to an iron pin located on the South side of Judson Street; thence along said South side of Judson Street S 72°02’54” W 208.73’ to a set nail pin and the point of beginning. Containing 0.30 acres, more or less, and lying in and being a part of the SW ¼ of the SE ¼ of Section 6, T-19-N, R-27-E, Lee County, Alabama.
Being further described as Parcel B according to Boundary Survey for Mary Jane Humphries, a copy of which is attached hereto and marked as Exhibit “B”.
WHEREAS, Scott Circle has never, in fact, been opened or used by anyone as a public street; and
WHEREAS, the Petition states that no property owner will be deprived of any right they may have to convenient and reasonable means of ingress and egress to and from their property as a result of the requested vacation; and
WHEREAS, the Petitioners have requested that the City convey to Mary Jane Humphries whatever right, title and interest which the City may have acquired in and to the above-described street; and
WHEREAS, the City desires to reserve a 10-foot wide storm water drainage easement according to and as shown on the Boundary Survey, a copy of which is attached hereto as Exhibit “B”.
WHEREAS, a public hearing was conducted by the City Council on the 18th day of April, 2017, at which all persons were given the opportunity to be heard in favor of or in opposition to the proposed right-of-way vacation; and
WHEREAS, public notice of the public hearing was provided in accordance with §23-4-2, Code of Alabama, 1975; and
WHEREAS, the City Council has determined that it is in the best interest of the City to vacate Scott Circle (a.k.a. Judson Street) as described in the attached Petition and that the right-of-way should be conveyed to Elizabeth Ann Merchant, subject to the reservation by the City of a ten (10) foot wide storm water drainage easement as shown on the Boundary Survey marked Exhibit “B” and attached hereto.
NOW, THEREFORE, BE IT RESOLVED by the City Council that the vacation of Scott Circle (a.k.a. Judson Street), as shown on plat of Dista-Cast Acres Subdivision, a copy of which appears in Plat Book 4 at Page 37 in the Office of the Judge of Probate of Lee County, Alabama, is assented to and approved and the same is hereby vacated pursuant to the provisions of §23-4-20, et.seq. of the Code of Alabama 1975 and also pursuant to Alabama Code §35-2-54.
BE IT FURTHER RESOLVED, that the City of Opelika, Alabama, a municipal corporation, remise, release and quitclaim unto ELIZABETH ANN MECHANT whatever right, title and interest the City of Opelika, Alabama, may have acquired in and to the above-described portion of Scott Circle (a.k.a. Judson Street) by virtue of the dedication of said street or otherwise.
BE IT FURTHER RESOLVED, that Gary Fuller, the Mayor of the City of Opelika, Alabama, a municipal corporation, be and he is hereby authorized and directed on behalf of the City of Opelika, Alabama, to execute a quitclaim deed to Elizabeth Ann Merchant, subject to the reservation of the above-described 10-foot wide storm water drainage easement, for the purpose of carrying out the intent and intention of this Resolution and that Robert G. Shuman, City Clerk, be and he is hereby authorized and directed on behalf of the City of Opelika, Alabama, to attest the same.
BE IT FURTHER RESOLVED, that the City Clerk shall cause a copy of this Resolution to be filed in the Probate Office of Lee County, Alabama, and further cause a copy of this Resolution to be published once in a newspaper of general circulation in Lee County, Alabama, no later than fourteen (14) days after its adoption.
ADOPTED AND APPROVED this the 18th day of April, 2017.
/s/ Patricia A. Jones
PRESIDENT PRO-TEM OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ R. G. Shuman
CITY CLERK
Legal run 4/26/17
RESOLUTION APPROVING THE VACATION OF SCOTT CIRCLE
