Easement correction to facilitate sale of property to McDonald's in Robertsdale

Posted 12/19/11

ROBERTSDALE, Alabama — The Robertsdale City Council passed a pair of measures at its meeting Monday morning to facilitate the sale of property on Highway 59 to fast food giant McDonald’s.

At its meeting Oct. 3 the Council voted to enter into …

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Easement correction to facilitate sale of property to McDonald's in Robertsdale

Posted

ROBERTSDALE, Alabama — The Robertsdale City Council passed a pair of measures at its meeting Monday morning to facilitate the sale of property on Highway 59 to fast food giant McDonald’s.

At its meeting Oct. 3 the Council voted to enter into a maintenance agreement with the Alabama Department of Transportation, which essentially says the city will accept routine maintenance should McDonald’s vacate the property.

It was announced at that time that an offer was made to purchase two properties owned by Judy Brill, the former Country Cook-N restaurant which she owned and operated with her late husband, Steve Brill, and property currently being operated as Judy’s Hair Salon in Robertsdale.

Robertsdale City Engineer Greg Smith has been working with Mike Crowley, area construction manager for McDonald’s to work out some minor details on the property, located at the corner of Highway 59 and Media Drive.

At Monday’s meeting, Smith said the Council needed to take action to repair an error that was done when a county right of way was acquired for Highway 59 years ago.

“There doesn’t appear to be anything there and it hasn’t been used for anything,” Smith said, adding that when the right of way was acquired, it included a county easement that cuts through the middle of the property.

In order to fix the error, the Baldwin County Commission was scheduled to vote on a quit claim deed to the city at its meeting on Tuesday, Mayor Charles Murphy said Monday.

The city’s first action, he said, needed to be to go ahead and accept the quit claim deed from the County, then pass a measure approving whatever process is deemed necessary to clear the easement.

“There are other property owners involved,” Murphy said, “but we need to go ahead and take care of this property because they are waiting on this to close (the sale).”

The City Council voted unanimously Monday to approve both measures. Council member Aubrey Grant was not present at Monday’s meeting.

During an interview in October, Smith said the City’s Zoning Board of Adjustments has already approved a variance, waiving the city’s requirement of a 10-foot green space between the property and the right-of-way.

The city has also entered into a purchase agreement for a retention pond located behind Twin Oaks Shopping Center, which would be utilized by the restaurant.

Smith said building plans have been submitted for approval to his office for consideration and construction should begin by the first of the year and should be completed within 90 days after starting construction.

In other action Monday, the Council:

• Changed its meeting date for the first meeting in January from Jan. 2 to Jan. 3 because city offices will be closed on Monday for the New Year’s holiday.

• Adopted Resolution No. 016-11 approving grant administration services for the city’s $100,000 grant to replace traffic and street lights along Highway 59 with more energy efficient lighting, to Premier Grants Consulting LLC.

• Adopted Ordinance No. 005-11 to amend the City Code increasing the maximum fine for misdemeanor offenses from $500 to $1,000. City Attorney Ken Raines said the ordinance was necessary because of a Federal mandate. The Council voted unanimously, first to suspend the rules then approved the measure by roll-call vote.

• Adopted Resolution No. 017-11 approving a $2,000 cash advance to Chief Brad Kendrick in order to attend FBI training in January.