Meeting Type: BCC Regular Meeting
Meeting Date: 4/16/2024
Item Status: New
From: Frank Lundy, P.E., County Engineer
Mark Acreman, P.E., Assistant County Engineer
Gayle Pierce, Right-of-Way Technician III
Submitted by: Lisa Sangster, Administrative Support Specialist IV
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ITEM TITLE
Title
Case No. VAC-24-1 - Vacation of a Portion of Rosalia Avenue Being a 60 Foot Right-of-Way in Lillian, Alabama
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STAFF RECOMMENDATION
Recommendation
Take the following actions:
1) Approve the request from Ronald E. Bellars, Bertie Bellars, and Bradland, LLC, to vacate a portion of Rosalia Avenue being a 60 foot right-of-way contingent upon Ronald E. Bellars and Bertie Bellars executing a Quitclaim Deed for a portion of 7th Street and a Fee Simple Warranty Deed for a portion of right-of-way at the intersection of County Road 99 and 7th Street to Baldwin County; and
2) Adopt Resolution #2024-088 which approves the vacation in accordance with Section 23-4-2 and Section 23-4-20 of the Code of Alabama 1975; and
3) Authorize the Chairman to execute a Quitclaim Deed conveying any and all right and title to that portion of property owned by Baldwin County located at the intersection of County Road 99 and Rosalia Avenue to Ronald E. Bellars and Bertie Bellars contingent upon approval of the Rosalia Avenue vacation.
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BACKGROUND INFORMATION
Background: Ronald E. Bellars, Bertie Bellars, and Bradland, LLC, are requesting the vacation of a portion of Rosalia Avenue.
Prior to the request for vacation, the Baldwin County Highway Department (BCHD) was notified of unpermitted parking improvements within a portion of the 7th Street ROW located in Lillian. Ronald E. Bellars, owner of Gigi’s Deli, installed the parking improvements for his restaurant and was notified the improvements would have to be removed. Mr. Bellars informed the County that he purchased that portion of 7th Street ROW from the previous owner. Conducting a title search, the BCHD discovered several ambiguities in the title for the conveyance of 7th Street. The BCHD did confirm Mr. Bellars had acquired a portion of the 7th Street ROW by deed but the previous owners may not have had the right to convey since it was believed to be a public County maintained road. Through the title search, the BCHD also discovered a Warranty Deed dated September 30, 1954, for a triangular tract located on the western portion of Bellars’ parcel of land that was conveyed to Baldwin County. No records were found to indicate that the triangular tract was ever vacated or conveyed by the County.
The BCHD is recommending the execution of the following Quitclaim Deeds and Fee Simple Warranty Deed by Ronald E. Bellars, Bertie Bellars and the Baldwin County Commission (BCC) to resolve ROW ambiguities and to support safety improvements at the intersection of 7th Street and County Road 99:
• Quitclaim Deed from Ronald E. Bellars to BCC for the disputed portion of 7th Street ROW
• Fee Simple Warranty Deed from Ronald E. Bellars and Bertie Bellars to BCC for a portion of ROW at the intersection of 7th Street and County Road 99 for safety improvements
• Quitclaim Deed from BCC to Ronald E. Bellars and Bertie Bellars for the triangular tract within Bellars' property
The BCHD also recommends the BCC vacate a portion of Rosalia Avenue by Resolution, per Section 23-4-2 and Section 23-4-20(a) of the Code of Alabama 1975, to Ronald E. Bellars, Bertie Bellars and Bradland, LLC, the abutting property owners. This will provide Mr. Bellars with the space needed to relocate the parking improvements from 7th Street ROW onto his property.
Section 23-4-2 of the Code of Alabama 1975 reads as follows:
Procedure.
(a) Whenever the governing body of a municipality or county proposes to vacate a public street, alley, or highway, or portion thereof, the governing body shall schedule a public hearing prior to taking final action and shall publish notice of the proposed hearing on the vacation in a newspaper of general circulation in the portion of the county where the street, alley, or highway lies once a week for four consecutive weeks in the county prior to deciding the issue at a regularly scheduled meeting of the governing body. A copy of the notice shall be posted on a bulletin board at the county courthouse and shall also be served by U.S. mail at least 30 days prior to the scheduled meeting on any abutting owners and on any entity known to have facilities or equipment such as utility lines, both aerial or buried, within the public right-of-way of the street, alley, or highway to be vacated. The notice shall describe the street, alley, highway, or portion thereof, proposed to be vacated and also give the date, time, and location of the meeting of the governing body at which the proposed vacation is scheduled to be addressed. Any citizen alleging to be affected by the proposed vacation may submit a written objection to the governing body or may request an opportunity to be heard at the public hearing held as required herein.
(b) If the governing body elects to vacate, it shall adopt a resolution which shall describe with accuracy the street, alley, or highway, or portion thereof, to be vacated and shall give the names of the owner or owners of the abutting lots or parcels of land and also the owner or owners of such other lots or parcels of land, if any, which will be cut off from access thereby over some other reasonable and convenient way. The resolution shall further set forth that it is in the interest of the public that such street, alley, or highway, or portion thereof, be vacated ad shall be filed in the probate court of the county. In counties which elect the members of the county commission by single-member districts, the motion to approve the vacation shall be made by the commissioner in whose district the portion of the public street, alley, or highway to be vacated is located. The vacation shall not deprive other property owners of any right they may have to convenient and reasonable means of ingress and egress to and from their property, and if that right is not afforded by the remaining streets and alleys, another street or alley affording that right must be dedicated. The filing of the resolution as required herein shall operate as a declaration of the governing body’s vacation and shall divest all public rights and liabilities, including any rights which may have been acquired by prescription, in that part of the public street, alley, or highway vacated. Title and all public rights, including the right to close the street, alley, or highway vacated, shall vest in the abutting landowners. Entities with utility lines, equipment, or facilities in place at the time of vacation, shall have the right to continue to maintain, extend, and enlarge their lines, equipment, and facilities to the same extent as if the vacation had not occurred. Notice of the governing body’s action shall be published once in a newspaper in the county no later than 14 days after its adoption.
Section 23-4-20(a) of the Code of Alabama 1975 reads as follows:
Subject to the conditions set out in this subsection, 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 by following the procedures set out herein. The owner or owners of the land abutting the street or alley to be vacated shall join in a written petition requesting that the street or alley be vacated and shall file the petition with the governing body with jurisdiction over the street or alley, or portion thereof, requesting the governing body’s approval of the vacation. Following receipt of the written request for assent, the governing body shall act upon the request applying the same notice, hearing, voting, and appeal procedures as set forth in Section 23-4-2 and 23-4-5, and if the governing body approves the vacation, it shall have the same effect as provided therein, including that the vacation shall not deprive other property owners of any right they have to convenient and reasonable means of ingress and egress to and from their property, and if that right is not afforded by the remaining streets and alleys, another street or alley affording that right must be dedicated.
Staff published a notice (see attached) for the public hearing to be held on April 16, 2024, for four (4) consecutive weeks in Gulf Coast Newspapers. Staff also posted said notice on bulletin boards at the Bay Minette Administration Building, the Foley Satellite Courthouse, the Fairhope Satellite Courthouse and Central Annex in Robertsdale.
Previous Commission action/date: N/A
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
Reviewed/approved by: Brad Hicks, County Attorney (Resolution approved 3/25/2024; Quitclaim Deeds and Fee Simple Warranty Deed approved 4/9/2024) los
Additional comments: N/A
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? Yes
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 Staff prepare correspondence and have resolution and Triangular Tract quitclaim deed executed by Chairman. Send documents to Highway Department (Gayle Pierce) for recording (if vacation is granted by the Commission). The Highway Department will have notice of action by the County Commission published in all Gulf Coast Newspapers within 14 days.
Action required (list contact persons/addresses if documents are to be mailed or emailed): Contact:
Mr. Ronald E. Bellars
33261 Pickens Avenue
Lillian, Alabama 36549
Additional instructions/notes: Administration - place in tickler pending receipt of recorded resolution and quitclaim deed and contingencies being met.