RESOLUTION NO. 160-18
RESOLUTION APPROVING THE VACATION
OF A PORTION OF PRIESTER ROAD
WHEREAS, East Alabama Health Care Authority, a public corporation, is the owner of Lots 2 and 3 of Dixie Baker Subdivision, a copy of which appears of record in Plat Book 40 at Page 33 in the Office of the Judge of Probate of Lee County, Alabama; and
WHEREAS, East Alabama Health Care Authority is the owner of all of the property
abutting along Priester Road between said Lots 2 and 3 of Dixie Baker Subdivision; and
WHEREAS, a Petition to vacate a portion of Priester Road, duly executed by East
Alabama Health Care Authority as the abutting property owner, 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, that portion of Priester Road to be vacated is more particularly described as follows:
Commence and begin at the northwest corner of Lot 3 located on the Eastern
right-of-way of Priester Road of a parcel of land more fully described as follows:
From this point of beginning thence South 02°35’35” East, a distance of 139.03
feet; thence South 86°09’45” West, a distance of 60.02 feet; thence North 02°35’35” West, a distance of 146.61 feet; thence South 86°37’17” East, a distance of 60.33 feet to the point of beginning of a parcel of land, said parcel containing 8,569.6 square feet or 0.20 acres, more or less.
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 portion of Priester Road between the railroad right-of-way and Waverly Parkway will remain a public right-of-way; and
WHEREAS, the City desires to reserve to the City and The Utilities Board of the City of
Opelika utility easements for existing electric lines, water mains and storm water drainage improvements as depicted on the attached survey; and
WHEREAS, a public hearing was conducted by the City Council on the 17 th day of July, 2018, 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 the portion of Priester Road as described in the attached Petition and the right-of-way of said street should be conveyed to East Alabama Health Care Authority as requested by the Petitioner, subject to existing easements for electric lines, water mains and storm water drainage
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Opelika that
the vacation of the above-described portion of Priester Road 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 §32-5-54.
BE IT FURTHER RESOLVED that the City of Opelika, Alabama, a municipal corporation, remise, release and quitclaim unto East Alabama Health Care Authority whatever
right, title and interest the said City of Opelika, Alabama, may have acquired in and to the above portion of Priester Road by virtue of the dedication or vacation of said roadway or otherwise, subject to the reservation of the above-described utility easements.
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 East Alabama Health Care Authority, subject to the reservation of the above-described easements, 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 17th day of July, 2018.
/s/ Eddie Smith
PRESIDENT OF THE CITY COUNCIL OF
THE CITY OF OPELIKA, ALABAMA
/s/ R. G. Shuman
Legal Run 7/25
RESOLUTION NO. 160-18