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HomeMy WebLinkAbout12-03-1958 Special Meeting Called- 5 - WAIVER OF NOTICE The undersigned, constituting all of the members of the Board of Directors of the Water Works and Sewer Board of the City of Fairhope, a municipal corporation under the laws of Alabama, hereby waive notice of the time, place and purpose of a special meeting of the said board of directors called to be held on the 34 day of December, 1958 at 3:oo otclock, P M. and consent to the transaction of any business that may come before the said meeting. Dated this 3j day of December, 1958. "A AND --P.LLL a §M U1= between THE WA WORNS AND SUM BOARD OF TO CXTYOF FAIRROPE... a public dorporation W-Aer the laws of Alabama#, party of the first part (hqrpin called "the board") and the C1W OF FAMOPH,* a muniolpal qorporam I tion, under the laws of, Alabama# party of the geao4d part (herein called "tha city', V JZNS &S ET.H 1- 11 1 "M _." !,p �n consideration of the agreements by the city hereinafter tlet;;:>Uts the board; 004 4ereby grant, bargain, sell,, odnveys. transfe;& and adiign to the. city th6 entire water and sanitary sew;qr oyatem of the board'isituated In' the city and in the territory contiguous thoreto in Baldwin Bounty, Alaba=j including the'welles, pumps and' appurtenances th6rotoj, reservoirs, tanks* pipet, water transmission mainsswater- dlotrtbuti" systov6zetors., hydrants, valvos, and services $z,conaeotion therewithp sanitary sewers,* matins, lateraI .0 mAnholes and appurte" nancoo thereto k,,.6u fall aowora* soww 41op 1 plant., lift or pumping atations, oash and morohandice on hands water onband# account*, and bills re cetvablev cash and investments in any opeeial fug oreated Ander any of the mortgagegi, and deedo ,of trust heroifiatteP refor;led to or otherwise, inveotmqnts of 4ny and all 'X1n4,$* 404all Of the board's othorpropertieb* rqal# personal and mixed, tangible or Intang:-ible rorming, a part of or appertaining to, or, used, or usof,41, in 091M d water and- sanitary sewer. systems including pArt#ula;'1yS but iq without .inviting the generality otUe jar4qjAge ow here in above contained, the fallow ing.deocrIbed proportips located in Baldwin, County, Alabamas. r -2 - (a) Beginning at a point r7 feet East of the South- west corner and on the South line of Lot 4, Block 5, Divi- sion 4, according to plat of the Fairhope Single Tax Cor- poration property* recorded in '--.be office of the Judge of Probate of Baldwin County, Alabama, in Miscl. :Book 1, at paves 320-21; thence North 36 feat; thence West 19.5 feet; thence North 96 feet to a point on the North line of Lot 3 in said Block 5; thence East 42.5 feet along the North line of said Tot 3; thence South 132 feet to the Sou';;h line of said Lot 4; thence West 23 feet along the South line of said Lot 4 to the point of beginning; (b) Beginning at a point 40' feet East and 20 feet South of the Northwest corner of Lot 1.1, Block 5, Divi- sion 4,, according to said plat of the Fairhope Single Tax Corporation property; thence West 14 feet; thence South 14 feet; thence East 14 feet; thence North 14 feet to the point of beginning; (c) Starting at the intersection of the center lines of Bayview Street and Magnolia Avenue in Division 1, according to said plat of the Fairhope Single Tax Corporation property; thence South 890 West 446.3 feet; thence South 350 521 West 248 feet; thence North 730 181 West 420.2 feet to a point of beginning; thence .from the point of beginning North 310 421 East 71 feet; thence South 730 181 East 65 feet; thence South 310 421 West 71 feet; thence North 73° 18, West 65 feet to the point of beginning; (d) Starting at the Northwest corner of Block 6, Division 3, according to said plat of the Fairhope Single Tax Corporation property; thence North 33 feet; thence East 351 feet along the North line of Section 18, Township 6 South, Range 2 East; thence North 15.5. feet to a point of beginning; thence from the point of beginning North 850 301 East a distance of 122.5 feet; thence South 270 East a distance of 61 feet; thence South 160 West a distance of 67 feet; thence South 730 West a distance of 105.5 feet; thence North 430 West a distance of 122 feet; thence North 460 East a distance of 73.2 feet to the point of beginning; (e) Starting at the Northwest corner of Block 6, Division 3, according to said plat of the Fairhope Single Tax Corporation property; thence North 33 feet; thence East 351 feet; thence North 15.5 feet; thence North 850 301 East a distance of 122.5 feet to a point of begin- ning; Thence from the point of beginning North 850 301 East a distance of 9.5 feet; thence South 270 East a distance of 91.5 feet; thence South 60 151 West a distance of 227 feet; thence South 780 071 West a dis- tance of ?9 feet; thence North 250 �51 West a distance of 290 feet; thence North 460 East a distance of 0.2 feet; thence South 430 East a distance of 122 feet; thence North 730 East a distance of 105.5 feet; thence North 160 East a distance of 67 feet; thence North 270 West a distance of 61 feet to the point of beginning; (f) Starting at the Southwest corner of the intersection of Beach View Avenue and Pier Street in the Magnolia Beach Addition, thence running in a Southwesterly direction along the West side of Beach View Avenue, 130 feet; thence in a Northwesterly direction and parallel to the. South side of Pier Street, 30 feet to a point of beginning, thence from -3- the point of beginning parallel to the West side of Beach View Avenue in a Northeasterly direction 25 feet; thence parallel to the South side of Pier Street and in a Northwesterly direction 25 feet; thence parallel to the West side of Beach View Avenue and in a Southwesterly direction 25 feet; thence parallel to the South side of Pier Street and in a Southeasterly direction 25 feet to the point of beginning; all according to plat of the Magnolia Beach Addition to Fairhope, recorded in the office of the Judge of Probate of Baldwin County, Alabama, in Miscl. Book 1, at page 331; (g) Easements for the installation and main- tenance of sewers in and under the following lands: (1) A strip of land 20 feet wide, 10 feet on each side of a line described as follows: Begin- ning at a point 80 feet North and 988.6 feet West of the Northeast corner of Block 26, Division 4, according to said plat of the Fairhope Single Tax Corporation property recorded in the office of the Judge of Probate of Baldwin County in Miscl. Book 1, at pages 320-21, said point being on the North line of Fairhope Avenue; thence North 310 391 West a distance of 303.7 feet; thence North 370 521 West a distance of 869 feet; thence North 440 421 West a distance of 605 feet; thence North 180 431 East a distance of 301 feet; thence North 570 571 West a distance of 392 feet; thence North 570 241 West a distance of 149.6 feet to a point on the East line of the High School lot; said point on the East line of the High School lot being described as follows: South 200 West a distance of 361.8 feet from the Southwest corner of lot 23, Block 12, Volanta, as shown on said plat, along the East side of Section Street; thence South 700 East a distance of 695 feet; thence South 934.6 feet to the said point; (2) A strip of land 20 feet wide, 10 feet on each side of a line described as follows: Begin- ning at a point 219.1 feet South of the Northeast corner of Section 18, Township 6 South, Range 2 East, and on the East line of said Section 18; thence North 730 471 West a distance of 133 feet; thence South 700 451 West to a point on the North boundary line of Bayou Charbon: Also from the above beginning point South 730 471 East to the West side of Section Street; All according to said plat of the Fairhope Single Tax Corporation; (3) Beginning at a point described as follows: from the Southwest corner of Lot 23, Block 12, Volanta, according to said plat of the -Fairhope Single Tax Corporation property; South 200 West a distance of 361.8 feet al the East side of Section Street; thence South 70 East a distance of 695 feet; thence South a distance of 934.6 feet to said beginning point: A strip of land 20 feet wide, 10 feet on each side of a line described as follows: From the -4- above beginning point North 570 24, West a dis- tance of 173.4 feet; thence North 520 54, West a distance of 280 feet; thence North 64° 44t West a distance of 212 feet; thence North 420 26, West a distance of 330 feet; thence North 730 471 West to a point on the East side of Section Street: The line North 730 471 West if continued for a total distance of 177.5 feet goes to a point on the East line of said Section 18, 219.1 feet South of the Northeast corner of said Section 18; (4) A strip of land 20 feet wide, 10 feet on each side of a line described as follows: Starting at the Northwest corner of Block 6, Division 3, according to said plat of the Fairhope Single Tax Corporation property; thence North 33 feet; thence East 351 feet; thence North 15.5 feet; thence North 850 301 East a distance of 35.5 feet to a point of beginning: Thence from the point of beginning North 20 201 East a distance of 86.8 feet; (5) A strip of land 20 feet wide, 10 feet on each side of a line described as follows: Starting at the Northwest corner of Block 6, Division 3, according to said plat of the Fairhope Single Tax Corporation property; thence North 33 feet; thence East 351 feet; thence N rth 15.5 feet; thence North 850 301 East a distance of 35.5 feet; thence North 20 201 East a distance of 86.8 feet to a point of beginning: Thence from the point of beginning North 20 201 East a distance of 112.6 feet; thence North 630 171 West a distance of 178.3 feet; thence North 840 031 West a distance of 300 feet; thence North 740 231 West a distance of 160 feet; thence North 560 17' West a distance of 140 feet; thence North 860 521 West a distance of 250 feet; thence South 860 55, West a distance of 200 feet; thence North 810 501 West a distance of 300 feet more or less to Mobile Bay, and thence along the same line 200 feet, more or less out into Mobile Bay to existing crib; (6) A strip of land 20 feet wide, 10 feet on each side of a line described as follows: Start at the Southeast corner, Division 4, according to said plat of the Fairhope Single Tax Corporation property; thence East 1266.9 feet along the North side of Morphy Avenue to a point of beginning: Thence from the point of beginning North 360 56, West a distance of 361.7 feet; thence North 250 311 West a distance of 153 feet; thence North 490 56, West a distance of 743.6 feet; thence North 220 11l West a distance of 150.1 feet to the South side of Fairhope Avenues; (7) A strip of land 20 feet wide, 10 feet on each side of a line described as follows: Start at the Southeast corner of Block A. Division 4, ac- cording to,_said plat of the Fairhope Single Tax Corporation property; thence South 10 feet; thence East 20 feet to point of beginning: Thence from point of beginning East 176 feet; thence South 340 feet to North side of Stimpson Street; Al- Also together with all other lands,and interests in lands which are used �n the operation of the said water and rsardtary sssew®r system and owned by the boards and all franeh1seg*. perm a, eas+ mentst rights of gray, crossing agreementas priv legesas,# imunities, and licenses of the beard under and pursuant to which the board is authorized to engage In the operation in the city and the territory contiguous thereto of the said. 'crater and sanitary sewer system, including particularly that eartain water franchisp granted to the board by the *1ty by ordinance adoptod by the .city council of the cgity and. approvod on ,August T 1950 entitled "`. ordinanae granting a water franohi4e to The Water Wore ,arid Sewer Board of the City of ,Va1,rhope O Its suodoes ors, and assignsup and that oertaln sewer fran- chise; granted to the. board by the city by ordinaxaae adopted by the city evil hci�. of the city and approved on August T 1950 entitled. "A�c ordinance granting a. serer franchi6e to The Water Works and Serer Soard off` th City of irhopesw its suo", sora -and asaigns" . TO HAVE AM TO HOLD the same unto the o ty# its $usc*esst s an4l'a0alanos forever. Tfie board shoos, hereby aQvenaht with the 0ity and its successors an# assigns that the board is lawfully ss+e zed• `of an iadefeauible 0000 in Fee siMpla . in. and to the properties hereby oonveyedl that It has a good right to sell and convey the samo, as. a oresal, 4;; that the she are Free :from -all, en umbrancee :except the mortgages: ,an4 deeds of trust boreunder referred: tot an that the board will. forevor 'warrant, and defend: the title or the olty to the said properties. against t o lawful,olalms rot all per** sans whmsoever axoept those (;Jalmlng undor tbo said mortgages and: doedO off' trust:« in oonoiddteration. of -the Forego 0onveyan0e and t 'an f'0' to. i, t.# the a ty does by s oeptan* oftb 8 natrumsen.t and by its execution hsereor asaum and awe to perform all of the,A&TOOMOUtO en the Part Of the board heretofore, m944 and all obligations on the part of the board heretofore incurred 10 s:o ect10n with the said grater and sanitary sewer system, in4luding particularly the obligations Qn the part of tho board contained in that certain mortgage and deed of trust between the 'board and -6- 'the Merchants .Natimal Berk. of N4bile dated July 1,, .2950 which was exeeuted .as :security for the f4o tgage, Water and Sewer Revehu$. Bon"of the hoard dated Jul 1,,, 1951O..".and th# ljgations ithe Wt of thio board cgntained In tbat certain mortgage and deed of trust :betwde- ii . The lrv4=1m National BanX qf Xobjle: ,tee As of uis 1953 which waq :gxecuted as .t curIty fair the Water and Hewer fieven Banda* :Second Series, of the board dated Juiy i 19531 prvvidedi h©wevar; that the- assumption and agreement on'the part,of the -+pity evntained ran this ,pare._ graph shall be and hereby is limited. to the revenues which might hereafter be derived from the seperation ,c the said "ter and vanitary, per-aystemf, zo that tbe Ob- ligation, of the e3t aris ing cut. _ "sad aeuszption azid: agreement shall be payai le and- perf ormad aole4y eat of $aid reveouea.and s 1i not bo a ,ge rai obligation an: the +art of the -City for the pant cr perf*rmaAC# ,cif which th& other revenue e' - � ta�.i�' per „ °cif the city ,may be, utilizOd. IN WITMM VMW" the, partleo hereto have Cauged this indentures to be executed in their respective Vcr rate. rmws and their] respective t;srperate seals tO be hereunto, affixed. and attested by their duly, authorized off 3cers thin l -i-tray of December, i958• I WATER �'0� ��� B�,AR�3 Filed -Ze ! / — ---------- (W" T. =, Y- OF VAnwp'is Recorded ------ .��6ok �-------page---...�� ,Judge of ProbaA y Iros chaiimari 'of- its, Board of 0-1101;51 Attept. i t �� ��� OLOv tiag b�,s i fts secretary/r CITY OF VAnUiOPR G � it Ox ._ STATE 'Oil AB t Comte OF LMN I-t4,�e 4 Notary, Public y�.�.ar.� a ' � Asa 0ou y a -state., Chairmanher+� € *e or r so ich tify the Board of Director! of T1w dater Works .arm Suter Boast of the Sty - " Fairhope* a aubllo corporation under the laws of Alab , is signed to- the_" foregoing Instrument And rho " t , acknowledged. before .me on thin. day that.* being informed of the contents of the within; instrumntI. ha,# as auch officer and with dull authority.. executed the same voluntarily on the day the ars- date for and as act of said. oorporation. Given under my hand and seal th3 yVeeoember,, 19 .. m Lary Public; STATE OF ALAAM COMP OF BAD' a Notes public in car said county In sa sta e-,,# hereby e,er* tify that E.B.. Overton„ lihose name at Mayor of the City of'. Fa rhope,t a munialpal corporation under the laws: pf Ala�bsau4s is- signed to the. �oregoia1 :�tr ceat a eho is known to meacknowledged before me on ihia, -rimy -that, being: inf Ormd. of the contents of the within instrument, * are such of- ficer and with Pull autborlty.& exeoutO4 the Wm voluntarily on the day the same #ears, date° for .and a$ the act of said. aorporat # :riven =der my hard, and off i6ial dal this -�. day _of Deoemb4mo 19,584 Public