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NOTICE OF CITY COUNCIL ACTION ...
NOTICE OF CITY COUNCIL ACTION This public notice relates to an old 10 wide alley abutting East Street, more particularly described as follows: THAT CERTAIN 10 FOOT WIDE ALLEY LYING BETWEEN TRACT 1-A AND TRACT 1-D OF BLOCK 29, AS SHOWN ON A MAP OF THE CITY OF ATHENS, ALABAMA, AS SHOWN AT PLAT BOOK A, PAGE 17 IN THE OFFICE OF THE JUDGE OF PROBATE OF LIMESTONE COUNTY, ALABAMA (the Public Way). The City Council considered whether the Public Way should be vacated pursuant to the provisions of 23-4-1, et seq. of the Code of Alabama. The City Council conducted a public hearing to address this matter, and then approved a Resolution concerning this matter, at its regular meeting on April 22, 2024, at 4:30 p.m., at the City Council Chambers in the City Hall of the City of Athens, Alabama, located at 200 Hobbs Street West, Athens, Alabama 35611. The City Councils Resolution stated in part as follows: 1. The Public Way is hereby vacated upon the City Clerks filing of this Resolution with the Probate Court of Limestone County. Upon such vacation, the City Council does thereupon divest itself of all public rights and liabilities therein in accordance with 23-4-2(b) of the Code of Alabama, except as may be otherwise stated herein. 2. Upon (a) payment by Scott Marshall of the Citys administrative and legal costs related to the vacation of the Public Way as determined by the City Clerk, and (b) the Citys receipt of a written public utility and drainage easement over the area of the Public Way (which easement shall endure and persist for the benefit of the City after the vacation of the Public Way), in a manner and form that is satisfactory to the Mayor, then the City Clerk shall cause a copy of this Resolution to be filed with the Probate Court of Limestone County. Such filing shall operate as a declaration of the governing bodys vacation and shall divest all public rights and liabilities, including any rights which may have been acquired by prescription, in the Public Way, except as may be otherwise stated herein. 3. Title and all public rights in the Public Way shall vest in the abutting owner(s), to the extent and as provided for by law. 4. However, notwithstanding anything herein to the contrary, any entities (such as the City by and through Athens Utilities) with utility/storm drainage lines, equipment, or facilities in place at the time of vacation, shall have the right to continue to access, maintain, extend, and enlarge their lines, equipment, and facilities to the same extent as if the vacation of the Public Way had not occurred. Moreover, such entities may continue to move across and along the vacated area to reach their lines, equipment, and facilities for the above purposes as if the vacation had not occurred. Additionally, the City shall have such rights as are described in the easement referenced in #2, above. 5. The City Clerk shall cause notice of this action to be published once in the Athens News Courier no later than 14 days after the adoption of this Resolution. Said Resolution also stated that the vacation is in the interest of the public, and stated that the action will not deprive property owners of any right to convenient and reasonable means of ingress and egress. Said Resolution is on file with the City Clerk of the City of Athens, Alabama, for review by the public. Athens City Council Published on: April 25, 2024
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