Meeting Type: BCC Regular Meeting
Meeting Date: 11/5/2024
Item Status: New
From: Roger H. Rendleman, County Administrator
Submitted by: Anu Gary, Administrative Services Manager
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ITEM TITLE
Title
Correction Deed for Baldwin Regional Area Transit System Hub Property Located in Foley, Alabama
Body
STAFF RECOMMENDATION
Recommendation
Due to an error in the original Statutory Warranty Deed (dated July 19, 2021, Instrument Number 1949232) describing the portion of the BRATS Hub property conveyed to the Baldwin County Commission by the City of Foley, authorize the Chairman to execute the Correction Deed which corrects the Statutory Warranty Deed.
End
BACKGROUND INFORMATION
Previous Commission action/date: See below.
Background: The City of Foley is requesting the County Commission to execute a Correction Deed for the BRATS Hub property in Foley which was deeded to the County in 2021 by the City to be used as a parking area for BRATS and first responders who will utilize the First Responders Safe Room facility being constructed by the City on its portion of the property.
The legal description in Exhibit A to the original Statutory Warranty Deed (attached) erroneously described the property being conveyed to the County. The attached Correction Deed corrects the Statutory Warranty Deed for the record.
PREVIOUS COMMISSION ACTION:
October 5, 2021, BCC Regular Meeting - The Commission took the following actions related to the BRATS Hub Property located in Foley, Alabama: 1) Accept the subject property from the City of Foley and make the Statutory Warranty Deed a part of the record; and 2) Approve the termination of the Lease Agreement between the City of Foley and the Baldwin County Commission originally entered into June 2, 1969, for the property leased by the County and used as a BRATS Hub (between N. Poplar Street and Juniper Street) in Foley, Alabama, said termination to be effective on October 5, 2021; and 3) Authorize the Chairman to execute a Reciprocal Easement Agreement between the City of Foley and the Baldwin County Commission, which allows either party to park vehicles on the other party's portion of the subdivided property and walk between the parcels. The agreement will be effective on October 5, 2021.
July 20, 2021, BCC Regular Meeting - The Commission took the following actions:
1) Approve the termination of the Lease Agreement between the City of Foley and the Baldwin County Commission originally entered into on June 2, 1969, for the property leased by the County and used as a BRATS Hub (between N. Poplar Street and Juniper Street) in Foley, Alabama, said termination to be effective once the eastern half of the property has been conveyed to the Baldwin County Commission by the City of Foley; and 2) Authorize the Chairman to execute a notice of termination of the Lease Agreement to the City of Foley; and 3) Authorize the Chairman to execute the Statutory Warranty Deed along with any other necessary documents accepting the subject property from the City of Foley; and 4) Authorize the Chairman to execute a Reciprocal Easement Agreement between the City of Foley and the Baldwin County Commission, which allows either party to park vehicles on the other party's portion of the subdivided property and walk between the parcels. The agreement will be effective upon full execution of the document. The approval of the acceptance of the subject property by Baldwin County and the approval of the Reciprocal Easement Agreement are contingent upon County Attorney’s review and approval of the final documents to be received from the City of Foley
May 18, 2021, BCC Regular Meeting - The Commission approved the request from the City of Foley regarding the use of a portion of County leased property, currently used as the BRATS Hub, located between N. Poplar Street and Juniper Street in Foley, Alabama, as a location for a proposed first responder safe room and parking area, contingent upon the following terms: 1) The City and County terminating the long-term lease on the entire property allowing for the 130-spot parking alternative for the first responder safe room on the western half of the property. 2) The County accepting the eastern half of the property from the City as a County-owned property. 3) The County and City entering into a cross parking agreement so both the County and the City can use the parking on the property. 4) The City coordinating with the County so that the County can book the use of the facility for training needs when the facility is not being used for emergencies or City training.
FINANCIAL IMPACT
Total cost of recommendation: N/A
Budget line item(s) to be used: N/A
If this is not a budgeted expenditure, does the recommendation create a need for funding? N/A
LEGAL IMPACT
Is legal review necessary for this staff recommendation and related documents?
Yes, County Attorney review and approval is required.
Reviewed/approved by: Approved by County Attorney 10/15/2024 akg
Additional comments: N/A
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? N/A
If the proof of publication affidavit is not attached, list the reason: N/A
FOLLOW UP IMPLEMENTATION
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: Administration Department
Action required (list contact persons/addresses if documents are to be mailed or emailed): Record Correction Deed in Probate.
Correspondence to the City of Foley (with a copy of fully executed and recorded Correction Deed):
The Honorable Ralph Hellmich, Mayor
City of Foley
ATTN: Katy Taylor, City Clerk
407 E. Laurel Avenue
Foley, Alabama 36535
cc: Roger Rendleman
Ann Simpson
Frank Lundy
Wanda Gautney
Chris Bulman / Derrick Crocker
Madison Steele
Additional instructions/notes: Administration - Update Deed Book for BRATS Hub Property Foley by adding fully executed and recorded Correction Deed, City of Foley correspondence, 11/05/2024 agenda item and minutes excerpt.
Add corrected deed to reciprocal easement agreement.
Original recorded Correction Deed in Deed Book.