ORDINANCE NO. 115-15

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ORDINANCE NO.   115-15

AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF

QUITCLAIM DEED FROM THE CITY OF OPELIKA, ALABAMA TO

CN OPELIKA HOTEL PARTNERS, INC.

WHEREAS, CN Opelika Hotel Partners, Inc., owns and operates the Fairfield Inn and Suites located on Interstate Drive in Tiger Town; and

WHEREAS, a portion of old Hamilton Road that was abandoned by the State of Alabama in 2003; and

WHEREAS, there is some confusion as to whether the City of Opelika (the “City”) currently has ownership over a portion of the abandoned roadway as described in Section 1 below; and

WHEREAS, in 2009 the Opelika Planning Commission approved a plat of Tiger Town Subdivision evidencing the intent of the City that the portion of the abandoned roadway described below be a part of Lot 1-A of said subdivision; and

WHEREAS, the Fairfield Inn and Suites is situated upon said Lot 1-A of Tiger Town Subdivision; and

WHEREAS, the City desires to assist CN Opelika Hotel Partners, Inc., in clarifying ownership by declaring that it transfers any municipal ownership it may have in the property described below to CN Hotel Partners, Inc.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Opelika, Alabama, as follows:

Section 1.    It is hereby established and declared that the following described real property is not needed for public or municipal purposes, to-wit:

Lot 1-A of Tiger Town Subdivision, a Resubdivision of Lot 1, as shown by plat of survey dated February 13, 2007, and filed for record in Town Plat Book 29, at Page 41, in the Office of the Judge of Probate of Lee County, Alabama, specifically the following property conveyed to the City of Opelika by the State of Alabama on July 7, 2003, in Deed Book 2240, at Page 475, in the Office of the Judge of Probate of Lee County, Alabama, and described as Parcel D:

A part of the E1/2 of the SE1/4 of Section 23 and the W1/2 of the SW1/4 of Section 24, T-19-N, R-26-E on Project NH-9062(2), also identified as the Tigertown Development, in Lee County, Alabama and being more fully described as follows:Commencing at a present R/W monument at the intersection of the west R/W line of U.S. Highway 280 and the south R/W line of Hamilton Road, said monument offset 100 feet from the centerline of Hamilton Road at Station 12+00.

Thence S 70°13’48” W and along the present R/W line a distance of 102.98 feet to a present R/W monument (said monument offset 80 feet from centerline of Hamilton Road at Station 13+00);

Thence S 53°48’25” W and along the present R/W line a distance of 200.71 feet to a present R/W monument (said monument offset 100 feet from centerline of Hamilton Road at Station 15+00);

Thence S 61°1’13” W and along the present R/W line a distance of 290.58 feet to a present R/W monument (said monument offset 80 feet from centerline of Hamilton Road at Station 18+00); which is the point of BEGINNING;

Thence S 47°39’7” W and along the present R/W line a distance of 255.52 feet to a present R/W monument;

Thence S 39°21’7” W and along the present R/W line a distance of 299.55 feet to a present R/W monument;

Thence following the curvature thereof an arc distance of 356.66 feet to a point on the present R/W line of Interstate 85 (said arc having a chord bearing of S 29°46’12” W, a counterclockwise direction, a chord distance of 355.00 feet and a radius of 1066.28 feet) and along the present R/W line;

Thence following the curvature thereof an arc distance of 54.34 feet to a point on the new R/W line (said arc having a chord bearing of S 63°3’54” W, a clockwise direction, a chord distance of 54.34 feet and a radius of 22768.33 feet) and along the present R/W line of Interstate 85;

Thence N 18°30’2” E and along the new R/W line a distance of 8.06 feet to a point on the new R/W line;

Thence following the curvature thereof an arc distance of 305.36 feet to a point on the present R/W line (said arc having a chord bearing of N 1°30’51” E, a counterclockwise direction, a chord distance of 300.91 feet and a radius of 515.00 feet) and along the new R/W line;

Thence following the curvature thereof an arc distance of 142.82 feet to a point on the new R/W line (said arc having a chord bearing of N 35°26’42” E, a clockwise direction, a chord distance of 142.74 feet and a radius of 1226.28 feet) and along the present R/W line;

Thence N 59°9’32” E and along the new R/W line a distance of 599.62 feet to the point and place of BEGINNING containing 1.831 acres, more or less.

Section 2.

That the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest respectively, for and on behalf of the City of Opelika, a quitclaim deed, a copy of which is attached hereto, whereby the City of Opelika does convey the premises described in Section 1 hereof to CN Opelika Hotel Partners, Inc.

Section 3.

That CN Opelika Hotel Partners, Inc., shall remain responsible for the control and maintenance of the real property described in Section 1 above.

Section 4.

That this Ordinance shall take effect immediately upon its adoption, approval and publication as required by law.

Section 5.

The City Clerk is hereby authorized and directed to cause this Ordinance to be published one (1) time in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.

ADOPTED AND APPROVED by the City Council of the City of Opelika, Alabama, on this the 2nd day of June, 2015.

/s/ C. E. “Eddie” Smith, Jr. PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA

ATTEST:

/s/ R. G. Shuman

CITY CLERK

TRANSMITTED TO MAYOR on this the 3rd day of June, 2015.

/s/ R. G. Shuman CITY CLERK

ACTION BY MAYOR

APPROVED this the 3rd day of June, 2015.

/s/ Gary Fuller MAYOR

ATTEST:

/s/ R. G. Shuman

CITY CLERK

Legal run 6/5/15

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