Resolution No. 23-077

RESOLUTION NO. 23-077

WHEREAS, the City Council of the City of Auburn has received a petition to vacate that certain right of way described in the attached Petition for Vacation of the right of way located on Booker Street, Julie Avenue, and the western portion of Pride Avenue in the Auburn city limits; and

WHEREAS, the petition is filed in accordance with the provisions of Section 23-4-20 of the 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, all owners of land abutting the right of way proposed to be vacated have joined in the petition to vacate said right of way; and

WHEREAS, the Petition for Vacation of right of way located on Booker Street, Julie Avenue, and the western portion of Pride Avenue states that no property owner 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, a public hearing was conducted by the Auburn City Council on May 2, 2023, at which time all persons were given an 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 Section 23-4-20 of the Code of Alabama 1975; and

WHEREAS, the City Council of the City of Auburn has determined that it is in the best interest of the City to vacate right of way described in the attached Petition for Vacation of the right of way located on Booker Street, Julie Avenue, and the western portion of Pride Avenue and that the right of way should be returned to the abutting landowners.

NOW, THEREFORE, BE IT RESOLVED that the City of Auburn, Alabama, does hereby assent to the right of way vacation as described in the attached Petition for Vacation of the right of way located on Booker Street, Julie Avenue, and the western portion of Pride Avenue.

BE IT FURTHER RESOLVED that the City of Auburn, Alabama, does hereby remise, release, quitclaim to the aforesaid parties whatever right, title and interest the City of Auburn may have acquired in the property by virtue of the dedication or the vacation of said property, or otherwise, and that Ron Anders, Jr., Mayor of the City of Auburn, is authorized to execute and deliver a Quitclaim Deed to the forenamed parties or persons carrying out the intention of this paragraph and the City Manager be and is hereby authorized and directed on behalf of the City of Auburn to attest the same.

BE IT FURTHER RESOLVED that the City Manager shall cause a copy of this resolution to be filed in the Probate Court of Lee County and shall further cause a copy of this resolution to be published once in a newspaper in Lee County no later than 14 days after its adoption.

ADOPTED AND APPROVED by the City Council of the City of Auburn, Alabama, this the 2nd day of May 2023.

/s/ Ron Anders, Jr,

Mayor

ATTEST:

/s/ Megan McGowen Crouch,

City Manager

The Villager

May 18, 2023