STATE OF ALABAMA
COUNTY OF DEKALB
ORDINANCE NO. 06-06-2022
AN ORDINANCE AUTHORIZING AN EASEMENT AGREEMENT FOR SANITATION VEHICLE TO TURN AROUND AT NORTH END OF ROSEWOOD LAND IN THE CITY OF RAINSVILLE, ALABAMA WITH THE AGREEMENT TO PAVE SAID PORTION OF THE PROPERTY FOR IT’S USE
WHEREAS, Ruth Kilgore, an unmarried woman (Her spouse, Gary Kilgore, is deceased); Tyler Blevins and wife, Lacie Blevins (hereinafter referred to as Owners) are the owners of a certain parcel of real property located in the City of Rainsville, DeKalb County, Alabama as described in the warranty deed for the property, which deed is recorded in the Office of the Judge of Probate of DeKalb County, Alabama in Deed Book 898, Page 2396.
WHEREAS, said property is located at the north end of Rosewood Lane in the City of Rainsville, Alabama.
WHEREAS, the City of Rainsville, Alabama, a municipal corporation (hereinafter referred to as Rainsville), has used and needs to continue to use a portion of the Owners’ property for its sanitation vehicle to turn around, and is in agreement to pave said portion of the property for its use.
WHEREAS, it has been determined advantageous and to be in the best interest of both the Owners and Rainsville that a Permanent Easement of sufficient width and length be conveyed by the Owners to the City of Rainsville in exchange for Rainsville’s agreement to pave that easement.
THEREFORE, for and in consideration of the mutual agreements contained herein, the sufficiency and receipt of which hereby are acknowledged, the Owners do hereby grant and convey to Rainsville, its successors and assigns, a permanent, perpetual, non-exclusive easement, which shall run with the land over and across the following described real property:
Commence at the Northeast corner of Tract 14 of the The Love Farm as shown on plat recorded in Plat Book Four (4) at Pages 187-192 (Slide 84) in the Probate Office of DeKalb County, Alabama and proceed North 89 degrees 56 minutes West along the North boundary of said Tract 14 for a distance of 110.7 feet to the point of beginning of a parcel of land described in Deed Book 898, Page 2396 as recorded in the Probate Office of DeKalb County, Alabama; thence continue North 89 degrees 56 minutes West along the North boundary of said Tract 14 for a distance of 150.0 feet to the Northwest corner of said recorded parcel; thence leaving the North boundary of said Tract 14, proceed South 23 degrees 57 minutes West with the Northwest boundary of said Tract 14 for a distance of 223.8 feet to an existing iron with cap (PLS #18979) marking the Southwest corner of said recorded parcel; thence proceed South 47 degrees 17 minutes East with the Southwest boundary of said recorded parcel for a distance of 78.4 feet to an existing three-eights (3/8) inch rebar located on the North right-of-way boundary of Rosewood Lane, said point being the point of beginning of the following described parcel of land; thence proceed South 89 degrees 40 minutes East with the North right-of-way boundary of Rosewood Lane and the South boundary of said recorded parcel for a distance of 11.8 feet; thence leaving said right-of-way boundary and the South boundary of said recorded parcel, proceed North 28 degrees 28 minutes East for a distance of 41.8 feet to the corner of a concrete slab; thence proceed North 66 degrees 23 minutes West with the Southwest edge of said concrete slab for a distance of 37.8 feet, thence leaving said concrete slab, proceed South 59 degrees 02 minutes West for a distance of 35.3 feet; thence proceed South 44 degrees 39 minutes East for a distance of 47.3 feet to the point of beginning.
SAID PARCEL OF LAND BEING A PORION OF TRACT NO. 14 OF THE LOVE FARM AS RECORDED IN PLAT BOOK FOUR (4) AT PAGES 187-192 (SLIDE 84) IN THE PROBATE OFFICE OF DEKALB COUNTY, ALABAMA AND LYING IN THE NORTHWEST QUARTER (NW ¼) OF THE NORTHEAST QUARTER 9NE ¼) OF SECTION 18, TOWNSHIP 6 SOUTH, RANGE 8 EAST, CITY OF RAINSVILLE, DEKALB COUNTY, ALABAMA AND CONTAINING 1,905 SQUARE FEET MORE OR LESS. (This legal description is provided by Phillips Engineering, Inc.).
It is expressly understood and agreed that Rainsville shall be responsible for paving the easement described above at no cost to the Owners.
The Permanent Easement herein conveyed is permanent, perpetual, non-exclusive, and shall run with the land, and shall inure to the benefit of, shall be binding upon the heirs, administrators, personal representatives, lessees, successors, transferees, and assigns of the undersigned parties.
FURTHER, there is granted to Rainsville a temporary easement, if such is needed, on the Owners’ adjoining land for equipment and supplies to be located during the paving process on the easement property described above, which easement shall be a temporary easement which shall terminate upon completion of paving said easement property.
However, the Permanent Easement described above for the sanitation vehicle to turn around at the North end of Rosewood Lane shall remain in full force and effect after the Temporary Easement for paving terminates.
TO HAVE AND TO HOLD unto the parties hereto, their successors and assigns forever.
IN WITNESS WHEREOF, the City of Rainsville, Alabama, a municipal corporation, has caused its name to be affixed hereto by its Mayor, who is duly authorized, and has caused the same to be attested by its City Clerk, who is duly authorized, and its corporate seal affixed on this the effective day of the 6th day of June, 2022.
Rodger Lingerfelt, Mayor
Kelly Frazier, City Clerk
Publish: June 9, 2022.
Mountain Valley News