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ORDINANCE NO. 2021-03
AN ORDINANCE REZONING PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF MOUNDVILLE
WHEREAS, the sole and only owners of the property hereinafter described contiguous within the corporate limits of the City of Moundville did heretofore file with the Moundville Planning Commission a request asking that the said tracts or parcels of land be rezone from RS-1 Residential to C2 Highway Commercial, together with an accurate description of the property or territory to be rezoned together with a map of said territory showing its relationship to the property line within the City of Moundville.
WHEREAS, the governing body of the City of Moundville did determine that it is in the public interest that said property be rezoned from RS-1 Residential to C2 Highway Commercial, within the City of Moundville, and it did further determine that all legal requirements for rezoning said real property have been met pursuant to the Code of Alabama, Sections 11-52-77;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF MOUNDVILLE, ALABAMA, AS FOLLOWS:
SECTION 1. The Council of the City of Moundville, Alabama, finds and declares as the legislative body of the City that it is the best interests of the citizens of the City, and the citizens of the affected area, to rezone the requested area from RS-1 Residential to C2 Highway Commercial as described in Section 2 of this ordinance.
SECTION 2. The described property within the City of Moundville, Alabama, be, and the same are hereby rezoned from RS-1 Residential to C2 Highway Commercial zoning of the City of Moundville, Alabama, and in addition thereto, the following described territory, to-wit:
Jack’s Family Restaurant LP/APC Comer Alabama Hwy 69 South & Park Manor
Parcel#360203062009006000
This ordinance shall be effective and in full force from and after the date of its passage.
ADOPTED this the 6th day of April, 2021.
TONY LESTER, MAYOR
ATTEST: CAROL TOWNSEND, CITY CLERK
1tc/4-14-21
ORDINANCE NO. 2021-05
AN ORDINANCE REZONING PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF MOUNDVILLE
WHEREAS, the sole and only owners of the property hereinafter described contiguous within the corporate limits of the City of Moundville did heretofore file with the Moundville Planning Commission a request asking that the said tracts or parcels of land be rezone from RG-2 Residential to C2 Highway Commercial, together with an accurate description of the property or territory to be rezoned together with a map of said territory showing its relationship to the property line within the City of Moundville.
WHEREAS, the governing body of the City of Moundville did determine that it is in the public interest that said property be rezoned from RG-2 Residential to C2 Highway Commercial, within the City of Moundville, and it did further determine that all legal requirements for rezoning said real property have been met pursuant to the Code of Alabama, Sections 11-52-77;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF MOUNDVILLE, ALABAMA, AS FOLLOWS:
SECTION I. The Council of the City of Moundville, Alabama, finds and declares as the legislative body of the City that it is the best interests of the citizens of the City, and the citizens of the affected area, to rezone the requested area from RG-2 Residential to C2 Highway Commercial as described in Section 2 of this ordinance.
SECTION 2. The described property within the City of Moundville, Alabama, be, and the same are hereby rezoned from RG-2 Residential to C2 Highway Commercial zoning of the City of Moundville, Alabama, and in addition thereto, the following described territory, to-wit:
Jack’s Family Restaurant LP/Buchalter/Grant Louisiana, LLC. Property behind Dollar General & Park Terrace Apartments
Parcel#360203062009005001
This ordinance shall be effective and in full force from and after the date of its passage.
ADOPTED this the 6th day of April, 2021.
TONY LESTER, MAYOR
CAROL TOWNSEND, CITY CLERK
1tc/4-14-21
ORDINANCE NO. 2021-04
AN ORDINANCE REZONING PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF MOUNDVILLE
WHEREAS, the sole and only owners of the property hereinafter described contiguous within the corporate limits of the City of Moundville did heretofore file with the Moundville Planning Commission a request asking that the said tracts or parcels of land be rezone from RS-I Residential to C2 Highway Commercial, together with an accurate description of the property or territory to be rezoned together with a map of said territory showing its relationship to the property line within the City of Moundville.
WHEREAS, the governing body of the City of Moundville did determine that it is in the public interest that said property be rezoned from RS-I Residential to C2 Highway Commercial, within the City of Moundville, and it did further determine that all legal requirements for rezoning said real property have been met pursuant to the Code of Alabama, Sections 11-52-77;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF MOUNDVILLE, ALABAMA, AS FOLLOWS:
SECTION I. The Council of the City of Moundville, Alabama, finds and declares as the legislative body of the City that it is the best interests of the citizens of the City, and the citizens of the affected area, to rezone the requested area from RS-I Residential to C2 Highway Commercial as described in Section 2 of this ordinance.
SECTION 2. The described property within the City of Moundville, Alabama, be, and the same are hereby rezoned from RS-I Residential to C2 Highway Commercial zoning of the City of Moundville, Alabama, and in addition thereto, the following described territory, to-wit:
Jack’s Family Restaurant LP/Buchalter/Grant Louisiana, LLC The lot behind were the old Al Power Sub Station
Was located off of Park Manor Parcel #360203062009005000
This ordinance shall be effective and in full force from and after the date of its
passage.
ADOPTED this the 6th day of April, 2021.
TONY LESTER, MAYOR
ATTEST: CAROL TOWNSEND, CITY CLERK
1tc/4-14-21
ORDINANCE 2021-6
PERMIT AGREEMENT FOR THE ACCOMMODATION OF
UTILITY FACILITIES ON PUBLIC RIGHT-OF-WAY
STATE OF ALABAMA
CITY OF .MOUNDVILLE
DATE _ PERMIT NO. PERMIT AGREEMENT FOR THE ACCOMMODATION OF UTILITY FACILITIES ON PUBLIC RIGHT-OF-WAY THIS AGREEMENT made the day of _ 20_, between the CITY OF MOUNDVILLE, Hereinafter referred to as “Grantor: and ___ doing business at _ hereinafter referred to as Grantee”.
RIGHT OF WAY: In consideration of the sum of$5.00 per linear foot, Grantor hereby grants, permits and conveys to Grantee a permit for the purposes of laying, constructing, operating, inspecting, maintaining, repairing, replacing, substituting, relocating, and removing at location and on a route to be approved by the Grantor, on, in, over and through the following described land in City of Moundville, Alabama; generally, along City roads/streets as follows: _____ all being in City of Moundville, Alabama, more particularly described on the attached map, which said map is on file in the City Engineer’s Office, said route to be determined finally by the Grantor herein. At such time as Grantee has decided the final route of said utility, the City will calculate the total footage of same, and Grantee will pay the cost of same based on such calculation before construction begins thereon. Such road rights-of ways are sometimes referred to herein as the premises.
TERM: The rights granted herein shall be possessed and enjoyed by Grantee so long as the utilities and appurtenances constructed pursuant hereto shall be maintained and operated by Grantee.
ADDITIONAL RIGHTS OF GRANTEE: Grantee shall have the right of ingress and egress to and from the premises for any and all purposes necessary or convenient to the exercise by Grantee of the rights granted herein, such right not to interfere with the normal traffic of the City roads/streets described as the premises and with reasonable advance notice to Grantor of all work to be done thereon.
RIGHTS OF GRANTOR: Grantor reserves the right to use and enjoy the premises to the fullest possible extent without unreasonable interference with the exercise by Grantee of the rights granted herein. It is understood by and between the Grantor and the Grantee that this is a permit, and Grantor reserves the right to convey similar or other permits to public utilities or private parties.
ASSIGNMENTS: The rights granted herein shall not be assignable except with the approval of the Grantor and any attempt by the Grantee to assign any of the rights granted herein either separately or severally, in whole or in part, without such approval, shall be void.
. DEFAULT BY GRANTEE: This agreement and all rights of Grantee hereunder shall, at the option of Grantor, terminate on the failure by Grantee to remedy and default in the performance of any termor condition of this instrument within twenty (20) days after service of written notice of such breach.
WARRANTY OF TITLE: It is understood and agreed by and between the parties hereto that Grantor may not have deeded or condemned rights-of-way over all roadways referred to herein, but it is the intent of Grantor convey the permit herein to the extent of its lawful right to do so and no warranties of title are given by Grantor relating to the premises.
WIDTH OF PERMIT: During construction, clean up, and restoration operations, Grantee shall have the right to utilize a working area of ten feet on both sides of the premises described herein. However, after completion of such operations, Grantee shall have no further right to such temporary working space, and Grantee’s rights shall be limited solely to a permit for the operation and maintenance of the utility in place and all pipelines constructed pursuant to this instrument shall be confined to such permit. The exercise by Grantee of the rights created by this permit shall at all times be subservient to the rights of the Grantor along said premises.
APPURTENANT FACILITIES: Grantee agrees that no appurtenances shall be placed on any utility passing through the premises unless same are recessed and have previously been approved by Grantor. Grantee shall further have right to locate any surface installation on any part of the utility premises, or to fence the whole or any part thereof.
RIGHT OF ACCESS: Grantee shall have the right of ingress and egress to and from the premises for the purposes described herein. Such ingress and egress shall be limited to existing public roads/streets and adjacent rights-of-way.
RELOCATION OF UTILITY ON REQUEST OF GRANTOR: Whenever, in the reasonable opinion of Grantor, the utility interferes with the Grantor’s use of or operations on the premises, Grantee shall, at its own expense and risk, with thirty (30) days after written request therefore by Grantor, lower or relocate and reconstruct such utility to the depth or along the route specified by Grantor in such request. Grantee shall thereafter restore the premises as nearly as possible to the state and conditions they were in prior to such lowering or relocation and reconstruction.
GRANTOR’S USE OF PREMISES: Grantor reserves the right to place along, across and over the utility permit as many roads, streets, sidewalks, passageways, electric light and power lines, water lines, sewer lines, gas lines, telephone poles and telephone lines, drainage structures, and other utilities as Grantor may desire. Grantor reserves the right to fence the whole or any part of the boundaries of the premises and the right to build fences crossing same. Grantor shall have the right to full use and enjoyment of the premises, except for such use as may unreasonably interfere with the exercise by Grantee of the rights granted herein. Grantor shall not construct or permit to be constructed any house or building on or over any utility constructed pursuant to the permit.
BURIAL OF UTILITIES: Grantee agrees to bury all utilities to a depth that is in accordance with the current specifications established by the Alabama Highway Department Utility Manual. Grantee further agrees to bury all utilities at a depth sufficient to place said utility beneath all cross drainage now existing along said permit route. The Grantee herein further agrees that Granter has the right to specify how and where said utility will cross any and all and all creeks along the proposed route. Grantee agrees to bury all utilities constructed on the premises at a sufficient depth so the utilities will not interfere with the cultivation or drainage of the premises.
RESTORATION OF SURFACE: After the installation of any utility, and after the abandonment or expiration of this grant for any cause, grantee shall remove all pipe and other property placed on the premises by or for Grantee, fill and level all ditches, ruts, debris and depressions caused by construction or removal operations, remove all stakes and posts that Grantee may have put into the ground, and generally restore the surface of the premises as near to its original condition as may be possible, all within a reasonable time after the installation of such utility or the abandonment or expiration of this permit. If Grantee fails to do so, Granter may do so at the Grantee’s risk and expense, and Grantee agrees to reimburse Grantor for the costs of such removal and restoration operations.
LIABILITY OF GRANTEE AND INDEMNITY: Grantee shall be fully liable for all injuries to persons or damage to property resulting from the construction, maintenance, or operation of its utility pursuant to this permit. Grantee further agrees to pay Grantor for all damages suffered by Granter as a result of the exercise by Grantee of the rights granted herein. To this end, Grantee agrees to indemnify Grantor against all claims, suits, costs, losses, and expenses that may in any manner result from or arise out of the laying, maintenance, renewal, repair, use, or existence of any utility constructed pursuant to this permit, including the breaking of such utility or the leaking of any substance therefrom. Grantee further agrees that it will indemnify Grantor against all liability and against all losses or damage to persons or property resulting from or in any manner connected with or arising from the laying, maintenance, operation, or presence of its utility or the contents thereof on the premises, or the removal of such utility therefrom. Grantee, or its Contractor conducting the work on the subject utility, further agrees to post a City-wide construction bond in the amount of $25,000.00 to indemnify Granter for any damages or expenses incurred by Granter arising out of the construction of said utility.
TERMINATION: The rights and privileges granted herein shall at the option of Grantor terminate if at any time Grantee fails to maintain and operate any utility on the premises for a period of more than 24 consecutive months. On the termination of the rights granted herein, Grantee shall execute and deliver to Grantor, within twenty (20) days after service of a written demand therefore, a good and sufficient release to all rights hereby granted. Should Grantee fail or refuse to deliver such release to Grantor, a written notice by Grantor reciting the failure or refusal of Grantee to execute and delivery such release, shall after ten (10) days from the date of such notice, be conclusive evidence against Grantee and all persons claiming under Grantee of the termination of this grant
REGULATION: Grantee agrees to and shall comply with all applicable federal, state and local regulations governing the operation of pipelines and transportation of substance therein, including but not limited to the current State of Alabama Highway Department Standards for the accommodation of utilities on highway rights of way
ATTORNEYS’ FEES AND COSTS: Should Grantee breach this agreement in anyway and Grantor is caused to employ attorneys to protect its rights herein, Grantee agrees to pay for any costs incurred by Grantor including reasonable attorneys’ fees.
IN WITNESS WHEREOF, the parties have executed this agreement at City of Moundville, Alabama, on the day and year first above written.
ADOPTED this the 6th day of April, 2021.
TONY LESTER, MAYOR
ATTEST: CAROL TOWNSEND, CITY CLERK
1tc/4-14-21
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by Robert Alan McPherson Jr., Husband and Susan C. McPherson, Wife, Mortgagors, to The Bank of Tuscaloosa, a division of Synovus, on June 4, 2008, said Mortgage being recorded in the Office of the Judge of Probate of Hale County, Alabama at Mortgage Book 357, Page 287, and said Mortgage assigned to RH AL, LLC pursuant to that certain Assignment of Note and Other Loan Documents recorded in said Probate Office at Mortgage Book 2018 PAGE 45, RH AL, LLC, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Hale County, Alabama on April 22, 2021, during the legal hours of sale, the following described real estate, situated in Hale County, Alabama, to-wit:
The land referred to herein below is situated in the Hale County, State of Alabama, and is described as follows:
A parcel of land being a part of the North Half of the Southwest Quarter of the Northeast Quarter of Section 22, Township 23 North, Range 5 East, Hale County, Alabama, more particularly described as follows: Commence at a found concrete monument marking the accepted Northeast corner of said Section 22; thence run South 87 degrees 20 minutes West along the North boundary of said Section of 1315.33 feet to a point marking the accepted Northeast corner of the Northwest Quarter of the Northeast Quarter of said Section; thence run South 2 degrees 23 minutes 45 seconds East for 1318.36 feet to a found 5/8 inch iron pin capped marking the Northeast corner of the North Half of the Southwest Quarter of the Northeast Quarter of said Section 22; thence run South 87 degrees 22 minutes 08 seconds West along the North boundary of said North Half of said Quarter-Quarter for 753.86 feet to a 5/8 inch iron pin capped; thence continue South 87 degrees 22 minutes 08 seconds West along the North boundary of said North Half of said Quarter-Quarter 61.00 feet to a 5/8 inch iron pin capped C. T. Smith P.L.S. #20895, said point being on the West 60 ft. right-of-way margin of the Beckham Bottom Road, a public county road marking the point of beginning of the of the parcel herein conveyed; thence continue South 87 degrees 22 minutes 08 seconds West for 494.00 feet to a 5/8 inch iron pin capped; thence run South 12 degrees 57 minutes 55 seconds East for 182.76 feet to a 5/8 inch iron pin capped; thence run South 84 degrees 36 minutes 37 seconds East for 440.47 feet to a 5/8 inch iron pin capped on the West margin of said Beckham Bottom Road; thence run along the curving West margin of said Road for a chord bearing of North 3 degrees 17 minutes 47 seconds East for a chord distance of 242.55 feet to the Point of Beginning.
Lying and being situated in the N 1/2 of the SW 1/4 of the NE1/4 of Sec. 22, T23N, R5E, Hale County, Alabama.
This property will be sold on an “as is,” “where is” basis, and with all faults.  This property will be sold without warranty or recourse, expressed or implied, as to title, use and/or enjoyment and will be sold subject to the right of redemption of all parties entitled thereto.
Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.
This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.
SUBJECT TO ad valorem taxes.
SUBJECT TO any and all easements, restrictions, encumbrances or other interests of record.
The successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in the form of a Cashier’s Check made payable Walding LLC at the time and place of the sale. The balance of the purchase price must be paid in the form of a Cashier’s Check by noon the next business day at the Law Office of Walding LLC at the address indicated below. Walding LLC reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due. The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of the sale and the indebtedness secured by the real estate. 
This sale is subject to postponement or cancellation.
RH AL, LLC
c/o Donna K. Byrd, Esq.
Walding, LLC
2227 First Avenue South, Suite 100
Birmingham, AL 35233
(205) 307-5049
Attorney for Mortgagee/Transferee
3tc/3-31, 4-7, 4-14
NOTICE OF
COMPLETION
Mitchell Contracting, Inc. has completed its work on the 12” West Side Gravity Sewer Trunk Main Rehab and 8” Centerville Street Gravity Sewer Rehab, CDBG Project # SM-CM-PF-19-036 and GMC Project # CMGM-200007 for the City of Greensboro, Alabama. Any person having a claim against the project should notify the engineering firm of Goodwyn Mills Cawood at (334) 271-3200 within the next thirty days.
4tc/3-24, 31, 4-7, 14