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Quitclaim Deed in Alabama

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					MINUTES OF THE LEE COUNTY COMMISSION, REG. ADJ. TERM, NOVEMBER 28, 2005

         The Lee County Commission convened in regular adjourned session at the Courthouse in
Opelika, Alabama, Monday, November 28, 2005 at 6:00 p.m. The Pledge of Allegiance was
recited, followed by an invocation by Commissioner Holt. The Chairman next introduced the
elected officials and news media representatives in the audience. The Chairman then asked for
citizens comments. There being none, upon recognition by the Chairman that all
Commissioners were present, a quorum was declared and the meeting was officially opened with
the following members recorded as being present: Bill English, Chairman, and Commissioners
Mathan Holt, Johnny Lawrence, Harry Ennis, Annell Smith, and John Andrew Harris.


        Copies of the Consent Agenda items were sent to the Commissioners in their packets,
which included a copy of the minutes of the Lee County Commission meeting held November
14, 2005, two listings of claims, and three bids. First, Captain Craig Meadows presented Bid #4
on a rear projection smart board. Captain Meadows recommended that the Commission accept
the low bid of Daniel Communications for $11,399, which met bid specifications. Next, Captain
Meadows reported on Bid #8 on a document imaging system. Captain Meadows recommended
that the Commission accept the low bid of Berney Office Solutions for $820.41/per month for
the lease on three copiers. Solid Waste Director Jack Marshall reported on Bid #7 for an animal
control transportation unit. Mr. Marshall made a recommendation to accept the negotiated bid
price of $12,048.45 from the low bidder, Deerskin Manufacturing of Springtown, Texas. The
Chairman asked if there were any corrections, additions, deletions or questions about the consent
agenda items as received. There being none, Commissioner Lawrence made a motion, seconded
by Commissioner Holt and unanimously carried that the consent agenda items be approved.


       The item presented under “Old Business” was to approve a petition for the vacation of a
road by Attorney Dana Gentry. Mr. Gentry presented the Commission a plat, a copy of a
Resolution and a quitclaim deed for the Commission’s approval to vacate a portion of Davis
Drive, which was platted but never built. After discussion, and approval of the County Engineer
Neal Hall, Commissioner Ennis made a motion to authorize the Chairman to sign the documents
necessary to vacate this roadway, and adopt the following resolution. His motion was seconded
by Commissioner Holt and unanimously carried. Mr. Gentry stated that he would have a follow-
up advertisement on the action taken.

                                      RESOLUTION

        WHEREAS, Warr-Jordan, LLC, Lisle Development Company, LLC, and the Estate of
Nancy R. Warr, by and through their attorney Dana P. Gentry, have filed their petition and
declaration with the Lee County Commission pursuant to Section 23-4-20, et seq., Code of
Alabama, as amended, seeking thereby the vacation of a roadway in Lee County, AL, herein
particularly described, and

        WHEREAS, this Commission has determined that said petition and declaration are in
conformity with and meet the requirements of the provision of Section 23-4-20, et seq., Code of
Alabama 1975, as amended, and has determined that this Resolution is in the interest of the
public that such street or portion thereof be vacated and shall be filed in the probate court of Lee
County, Alabama;

       WHEREAS, this Commission is of the opinion that said petition should be granted;

        NOW, THEREFORE, BE IT RESOLVED, by the Lee County Commission as
follows:
                                               1.
        That said petition to vacate the following described portion of a roadway in Lee County,
AL, to-wit:
        That said roadway is more commonly described as a portion of Davis Drive, the original
plat of which is recorded in Plat Book 1, Page 17 in the Probate Court of Lee County, AL. That
the portion of this roadway which the petitioners are asking this governing body to vacate is
designated as Parcels “A”, “B”, and “C”, according to a plat of survey dated April 15, 2005 and
prepared by George W. Barrett, RLS Ala. Reg. #11666, which plat is attached to this petition and



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MINUTES OF THE LEE COUNTY COMMISSION, REG. ADJ. TERM, NOVEMBER 28, 2005

referenced as “Exhibit A”, and the metes and bounds legal description derived from said plat is
more particularly described and attached to this petition as “Exhibit B” described as a portion of
Davis Drive, the original plat of which is recorded in Plat Book 1, Page 17 in the Probate Court
of Lee County, AL, and the portion of this roadway which the petitioners are asking this
governing body to vacate is designated as Parcels “A”, “B”, and “C”, according to a plat survey
dated April 15, 2005 and prepared by George W. Barrett, RLS ALA. REG. #11666, said plat
having been filed with the Lee County Commission as Exhibit “A” of the petition to vacate, with
legal boundaries described as follows:

       A tract or parcel of land designated as Parcels “A”, “B”, and “C”, according to a plat
survey entitled “Survey for Petition to Vacate Part of Davis Drive, lying in Sections 27 and 34,
Township 18 North, Range 30 East, Lee County Alabama”, prepared by George W. Barrett,
R.L.S. Ala. Reg. No.11666, dated April 15, 2005, and being more particularly described as
follows:

        COMMENCING at the Northeast intersection of Summerville Road (80’ R.O.W.) and
Thomas Avenue (R.O.W. varies), thence run North 35 degrees 49 minutes 21 seconds West a
distance of 10.00 feet to a point; thence run along the Northern right of way of Thomas Avenue
North 55 degrees 46 minutes 19 seconds East a distance of 509.50 feet to a point; thence
continue along said right of way North 55 degrees 40 minutes 44 seconds East a distance of
148.32 feet to a point; thence continue along said right of way North 55 degrees 42 minutes 38
seconds East a distance of 176.36 feet to an iron pin and the POINT OF BEGINNING; thence
run North 08 degrees 21 minutes 45 seconds West a distance of 46.69 feet to an iron pin; thence
run in a northwesterly direction along a curve having a radius of 163.61 feet for an arc distance
of 147.98 feet to an iron pin; thence run North 60 degrees 19 minutes 10 seconds West a distance
of 335.45 feet to an iron pin; thence run in a westerly and southwesterly direction along a curve
having a radius of 327.88 feet for an arc distance of 367.81 feet to an iron pin located on the
Easterly right of way of Cox Avenue; thence run along said right of way North 55 degrees 24
minutes 23 seconds East a distance of 40.12 feet to an iron pin; thence continue along said right
of way in a northeasterly direction along a curve having a radius of 503.16 feet for an arc
distance of 192.61 feet to an iron pin; thence continue along said right of way in a northeasterly
direction along a curve having a radius of 503.16 feet for an arc distance of 217.99 feet to an iron
pin; thence leaving said right of way run in a south and southeasterly direction along a curve
having a radius of 328.03 feet for an arc distance of 393.55 feet to an iron pin; thence run South
60 degrees 19 minutes 10 seconds East a distance of 291.68 feet to an iron pin; thence run in a
southeasterly direction along a curve having a radius of 203.61 feet for an arc distance of 184.16
to an iron pin; thence run South 08 degrees 21 minutes 45 seconds East a distance of 72.83 feet
to an iron pin; thence run North 65 degrees 17 minutes 33 seconds West a distance of 47.74 feet
to the POINT OF BEGINNING.

       Be and the same hereby is granted and that the above described street be and is hereby
vacated, and that such vacation be and is hereby ratified, confirmed and approved.


        During the pre-meeting, there was much discussion concerning the bids received for solid
waste disposal. During the meeting, Commissioner Lawrence made a motion to set a Special
Meeting on Tuesday, December 6 at 5:00 p.m. in the Commission chambers to discuss the solid
waste bids. His motion was seconded by Commissioner Holt for discussion. Commissioner
Ennis stated that he felt that all steps had been taken to accept bids, and that the bids had been
received and he felt that the lowest responsible bidder should be awarded the bid tonight for
garbage disposal. Commissioner Holt questioned whether a one-year or a three-year contract
should be awarded. Commissioner Harris stated that he agreed with Commissioner Ennis and a
decision should be made tonight, and he felt that a three-year contract would be the best deal for
the county. Commissioner Holt stated that he needed additional time to look at the figures and
decide for himself which solution is best. Mr. Dale Story recommended that the Commission
award the solid waste bid tonight to the low bidder. After discussion, Commissioner Lawrence
stated that he had made a motion to hold a special meeting to discuss the issue further, but after
hearing the discussion from Mr. Marshall, City of Auburn representative Tim Woody, and
Auburn University representative Baker Melson, he stated that he feels that this is a good deal
for Lee County. Commissioner Lawrence made a motion to withdraw his original motion,



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MINUTES OF THE LEE COUNTY COMMISSION, REG. ADJ. TERM, NOVEMBER 28, 2005

however Commissioner Holt declined to withdraw his second, so a vote was taken. The motion
to set a special meeting therefore passed on a 3-2 vote, with Commissioners Holt, Lawrence, and
Smith voting “Yes” and Commissioners Ennis and Harris voting “No.” Having voted on the
prevailing side, Commissioner Lawrence then made a motion to reconsider the previous
question, but that motion died for the lack of a second, as no one on the prevailing side of the
previous vote would second the motion to reconsider. After more discussion, Commissioner
Ennis made a motion to award the bid to the low bidder, Waste Away Group, for a three-year
contract for garbage disposal at $18.30/ton for MSW. Commissioner Harris seconded the
motion, and the motion passed on a 4-1 vote with Commissioners Lawrence, Ennis, Smith and
Harris voting “Yes”, and Commissioner Holt voting “No.”

       Next, Commissioner Lawrence made a motion to cancel the special meeting previously
scheduled for Tuesday, December 6, 2005 to discuss solid waste, due to the acceptance of the
solid waste contract. His motion was seconded by Commissioner Smith and the motion passed
on a majority vote of 4-1 with Commissioners Lawrence, Ennis, Smith and Harris voting “Yes”
and Commissioner Holt voting “No”.

        Mr. Story stated that a public hearing would have to advertised no less than 30 and no
more than 45 days after acceptance, and hearing before the contract could be signed. Next,
discussion took place concerning the awarding of bids for disposal of C&D waste. The C&D
bids were as follows: Waste Away bid $15.75/ton, and Tallassee Landfill bid $7.99/ton. Solid
Waste Director Jack Marshall stated that 77% of the C&D waste was produced in the Smiths
Station area, and therefore, it would put an impossible burden on his department to transport the
waste all the way to the Tallassee landfill. Mr. Marshall stated that taking all items into
consideration he would recommend that the Commission accept the Waste Away bid of
$17.99/ton because of the location of the C&D waste, the condition of the current fleet, and the
amount of C&D waste. Commissioner Lawrence made a motion to award the C&D waste bid to
Waste Away Group for three years at $15.75/ton after consideration of current tipping fees and
travel considerations. His motion was seconded by Commissioner Smith and unanimously
carried.

        After discussion of the solid waste bids, Commissioner Lawrence made a motion to hold
a public hearing on the solid waste bid on January 9, 2006 during the Commission meeting. The
motion was seconded by Commissioner Smith and unanimously carried.


       Judge English informed the Commission that Commissioner Holt was the successful
bidder on behalf of the County for property that was sold at auction on Wednesday, November
30, 2005. The former Ampex/Quantegy Administrative Building with approximately 13,879
square foot was purchased for $357,500 plus closing costs. Commissioner Lawrence made a
motion to approve the purchase of the Corporate Office building contract at $357,500 plus
closing costs and to amend the Capital Improvement budget in that same amount. Seconded by
Commissioner Smith and unanimously carried.


         Commissioner Harris stated that the Commission needed to adjourn into executive
session. After discussion about the subject matter, County Attorney Stan Martin advised that an
executive session was not appropriate to discuss the request for an Attorney General’s opinion
that is in question, and that he could talk with each Commissioner privately. Commissioner
Harris stated that the matter was concerning threatened litigation. Mr. Martin stated that he has
not received any letter to that effect; therefore, he could not recommend adjourning into
executive session on the matter for that reason, and suggested that Commissioner Harris’
attorney contact his office. Commissioner Ennis made a motion to adjourn, seconded by
Commissioner Holt. Commissioner Harris once again stated that upon advice of his attorney, he
would take the issue to court. Commissioner Lawrence stated that there was unanimous consent
at the last meeting to seek an Attorney General’s opinion on the issue, and he felt that Mr.
Martin’s letter addresses those issues. Commissioner Harris questioned the word investigation
used in Mr. Martin’s letter. Commissioner Lawrence stated that the Commission had authorized
Mr. Martin to write the letter and to request an opinion. After more discussion, Commissioner
Lawrence called for the question. Judge English stated that there was a motion and a second on



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MINUTES OF THE LEE COUNTY COMMISSION, REG. ADJ. TERM, NOVEMBER 28, 2005

the table to adjourn. With no further business to come before the Commission, at approximately
7:30 p.m., Commissioner Lawrence made a motion, seconded by Commissioner Smith that the
meeting be adjourned until December 12, 2005.




                                           Minutes approved:


                                           ______________________________
                                           Chairman


                                           ______________________________
                                           Commissioner, District 1


                                           ______________________________
                                           Commissioner, District 2


                                           ______________________________
                                           Commissioner, District 3


                                           ______________________________
                                           Commissioner, District 4


                                           ______________________________
                                           Commissioner, District 5




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