RESOLUTION NO. 051-19
RESOLUTION APPROVING THE VACATION OF A PORTION OF THE EASTERLY RIGHT-OF-WAY OF ANDERSON ROAD AND A PORTION OF THE NORTHERLY RIGHT-OF-WAY OF U.S. HIGHWAY 29
WHEREAS, Exit 64 LLC, an Alabama limited liability company, is the owner of the
property described in that certain statutory warranty deed dated June 12, 2017, a copy of which is recorded in Deed Book 2515 at Page 370 in the Office of the Judge of Probate of Lee County, Alabama; and
WHEREAS, Exit 64 LLC is the owner of all of the property abutting along a portion of
the easterly right-of-way of Anderson Road and a portion of the northerly right-of-way of U.S. Highway 29 (West Point Parkway); and
WHEREAS, a Petition to vacate a portion of the easterly right-of-way of Anderson Road and a portion of the northerly right-of-way of U.S. Highway 29 (West Point Parkway), duly executed by Exit 64 LLC, 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, the portions of the rights-of-way of Anderson Road and U.S. Highway 29 (West Point Parkway) to be vacated are more particularly described as follows:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 34, T-20-N, R-
27-E, LEE COUNTY, ALABAMA; THENCE RUN N 00º00’00” W, 754.92
FEET TO A POINT; THENCE RUN S 90º00’00” E, 938.10 FEET TO A FOUND CONCRETE MONUMENT LYING AT THE BEGINNING OF A RIGHT OF WAY FLARE AT THE INTERSECTION OF THE EASTERLY RIGHT OF WAY OF ANDERSON ROAD (ROW VARIES) AND THE NORTHERLY RIGHT OF WAY OF U.S. HIGHWAY NO. 29 (300’ ROW); THENCE RUN ALONG SAID FLARE S 11º17’08” E, 140.79 FEET TO A FOUND CONCRETE MONUMENT LYING AT THE END OF SAID RIGHT OF WAY FLARE; THENCE CONTINUE ALONG SAID NORTHERLY RIGHT OF WAY OF U.S. HIGHWAY NO. 29 S 57º07’29” E, 224.90 FEET TO A FOUND CONCRETE MONUMENT LYING AT THE BEGINNING OF A RIGHT OF WAY FLARE AT THE INTERSECTION OF THE NORTHERLY RIGHT OF WAY OF U.S. HIGHWAY NO. 29 (300’ ROW) AND THE WESTERLY RIGHT OF WAY OF INTERSTATE NO. 85 (ROW VARIES);
THENCE LEAVING SAID NORTHERLY RIGHT OF WAY, RUN S 32º52’31”
W, 75.00 FEET TO A POINT; THENCE RUN N 57º07’29” W, 256.61 FEET TO A POINT; THENCE RUN N 11º17’08” W, 95.71 FEET TO A POINT; THENCE RUN N 33º02’19” E, 107.34 FEET TO THE POINT OF BEGINNING.
SAID DESCRIBED PARCEL LYING AND BEING SITUATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
34, T-20-N, R-27-E, LEE COUNTY, ALABAMA AND CONTAINS 0.618 ACRES (26,925 SF.) MORE OR LESS
Being further described according to and as shown by that certain survey or drawing prepared by Goodwyn Mills and Cawood attached hereto and marked Exhibit “A”.
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 Anderson Road and U.S.
Highway 29 (West Point Parkway) will remain public rights-of-way; and
WHEREAS, the City desires to reserve to Alabama Power Company, The Utilities Board of the City of Opelika and Bellsouth Telecommunications, LLC, d/b/a AT&T Alabama, utility easements for existing electric power lines, water mains and cable television and telecommunications fiber conduit as depicted on the attached survey; and
WHEREAS, a public hearing was conducted by the City Council on the 5th day of March, 2019, 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 portions of the rights-of-way of Anderson Road and U.S. Highway 29 (West Point Parkway) as described in the attached Petition and the rights-of-way of said streets should be conveyed to Exit 64 LLC as requested by the Petitioner, subject to existing easements for electric power lines, water mains and cable television and telecommunications fiber conduit.
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 Anderson Road and 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 Exit 64 LLC, 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 Anderson Road and U.S. Highway 29 (West Point Parkway) by virtue of the dedication or vacation of said roadways 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 Exit 64 LLC, subject to the reservation of the above-described utility 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 19th day of March, 2019.
/s/ Eddie Smith
PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST:
/s R. G. Shuman
CITY CLERK
Legal Run 3/27/2019
NOTICE OF APPOINTMENT
ESTATE OF MICHAEL SHANE HOLDER
COURT OF PROBATE
Letters Testamentary of said deceased having been granted to the undersigned on the 22nd day of March, 2019, by the Hon. Bill English, Judge of the Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
Witness my hand, and dated this the 22nd day of March, 2019.
SHARIE HOLDER
Legal Run 3/27, 4/3, & 4/10/19