RESOLUTION NO. 114-19
RESOLUTION APPROVING THE VACATION OF A PORTION OF THE SOUTHWESTERLY RIGHT-OF-WAY OF SPORTSPLEX PARKWAY AND A PORTION OF THE SOUTHWESTERLY RIGHT-OF-WAY OF WEST POINT PARKWAY
WHEREAS, William M. Morgan, III and Robert D. Boothe are the owners of the property described in that warranty deed dated April 12, 2005, a copy of which is recorded in Deed Book 2272 at Page 904 in the Office of the Judge of Probate of Lee County, Alabama; and
WHEREAS, William M. Morgan, III and Robert D. Boothe are the owners of all of the
property abutting along a portion of the southwesterly right-of-way of Sportsplex Parkway and a portion of the southwesterly portion of West Point Parkway (formerly U.S. Highway 29); and
WHEREAS, a Petition to vacate a portion of the southwesterly right-of-way of Sportsplex Parkway and a portion of the southwesterly right-of-way of West Point Parkway
(formerly U.S. Highway 29), duly executed by William M. Morgan, III and Robert D. Boothe, as the abutting property owners, has been presented to the City Council (the “City Council”) of the City of Opelika, Alabama (the “City”), 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, the portions of the rights-of-way of Sportsplex Parkway and West Point
Parkway (formerly (U.S. Highway 29) to be vacated are more particularly described as follows:
A tract or parcel of land containing 0.20 acres located in Section 34, Township 20
North, Range 27 East, Lee County, Alabama, and being more particularly described as follows: Commence at the southwest corner of Section 33, Township 20 North, Range 27 East; thence N83°23’32”E 5950.38 feet to a point on an old highway right-of-way limit, the point of beginning; thence along said old highway right-of-way limit N11°59’50”W 27.61 feet; thence continue along said old highway right-of-way limit N56°59’50”W 93.03 feet; thence continue along said old highway right-of-way limit N32°54’33”E 77.04 feet to the southwest right-of-way limit of Sportsplex Road; thence along said southwest
right-of-way limit S56°57’26”E 112.74 feet; thence continue along said southwest right-of-way limit S33°02’34”W 20.00 feet; thence leaving said right-of-way limit S33°02’34”W 74.48 feet to the point of beginning.
Being further described according to and as shown by that certain survey or drawing prepared by Barrett-Simpson, Inc., attached hereto and marked Exhibit “B”.
WHEREAS, the Petition states that no property owners 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 remaining portions of the rights-of-way of Sportsplex Parkway and West
Point Parkway (formerly U.S. Highway 29) will remain public rights-of-way; and
WHEREAS, the City desires to reserve to itself a 20-foot wide sanitary sewer easement, as depicted on the attached survey; and
WHEREAS, a public hearing was conducted by the City Council on the 7 th day of May,
2019, at which all persons were given the opportunity to be heard in favor of or in opposition to the proposed rights-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 the portions of the rights-of-way of Sportsplex Parkway and West Point Parkway (formerly U.S. Highway 29) as described in the attached Petition and the rights-of-way of said streets should be conveyed to William M. Morgan, III and Robert D. Boothe as requested by the Petitioners, subject to the existing sanitary sewer easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Opelika that
the vacation of the above-described portions of the rights-of-way of Sportsplex Parkway and
West Point Parkway (formerly U.S. Highway 29) is assented to and approved and the same is
hereby vacated pursuant to the provisions of Section 23-4-20, et.seq. of the Code of Alabama,
and also pursuant to said Code in §35-2-54.
BE IT FURTHER RESOLVED that the City of Opelika, Alabama, a municipal
corporation, remise, release and quitclaim unto William M. Morgan, III and Robert D. Boothe, whatever right, title and interest the said City of Opelika, Alabama, may have acquired in and to the above described portions of the rights-of-way of Sportsplex Parkway and West Point Parkway (formerly U.S. Highway 29) by virtue of the dedication or vacation of said roadways or otherwise, subject to the reservation of the above-described sanitary sewer easement.
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 William M. Morgan, III and Robert D. Boothe, subject to the reservation of the above-described sanitary sewer 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 will cause a copy of this Resolution to be filed in the Probate Office of Lee County, Alabama, and shall further cause a copy of this
Resolution to be published once in a newspaper of general circulation in Lee County, Alabama,
no less than fourteen (14) days after its adoption.
ADOPTED AND APPROVED this the 7th day of May, 2019.
/s/ Eddie Smith
PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ R. G. Shuman CITY CLERK
Legal Run 5/15/2019
