The Birmingham age-herald., 1913-07-18
CITY ORDINANCES
RESOLUTION

WHEREAS, the Elyton Land company
prior to the year 1873, by the survey
plat or map of its lands now constitut-
ing the City of birmingham, Jefferson
county Alabama, and suburbs, or a
large part thereof, then made py IT.
dedicated Third avenue, north, and an
alley between First avenue, north, anu
Second avenue, north, and also an alley
between Second avenue, north, and salu
Third avenue, through that certain
tract or parcel of land In the SAID Clty
of Birmingham which Is described as
follows: Commencing with the inter-
section of the southern boundary nne
of the right of way of the South anu
North Alabama Railroad company enow
commonly known as the right OF way
of the louisville & Nashville Railroad
company, with the northern boundary
line OF First avenue, north, In the cas- !,
ern part of said city, according 10 salo
survey, plat or map, and thence run
ming in northeasterly direction, along
the southern boundary line of said right
of way to its intersection with the
western boundary line OF S2nd street
according to said survey. plat or map,
and thence, in a southerly direction
along the western boundary line of said
32nd street. to the northern boundary
line of said First avenue, and thence
in a westerly direction along the north
ern boundary line of said First avenue,
to the point of beginning, so thal sara
Third avenue and said alleys as so
dedicated, extend from the southern
boundary line of the said right of way
in an easterly direction through said
tract or parcel of land, TO the western
boundary line of 22nd street, though
neither of said portion of said avenue
nor said portions of the said alleys
have In fact been opened up or used
as public highways through said tract
or parcel of land, but, after their dedl-
cation by the said Elyton Land COM
pany, were quit-claimed by said COM
pany to the Sloss Furnace company, a
body corporate, from whom said Sloss-
Sheffield Steel & Iron company de-
rives its claim of title, and since such
quit claim said parts of said Third ave-
nue. and of said alleys have been used
by the said Sloss Furnace company, the
Sloss Iron & Steel company, body
corporate, through whom the Sloss-
Sheffield Steel & Iron company also
derives its claim of title, and by the
said Sloss- Sheffield Steel & Iron com
pany, as a part of Its Stag pile, and as
a part of plant for the manufacture
of pig iron, for many years, and the
said Sloss-Sheffield Steel * Iron com
paay still so occupies the same. and
WHEREAS the actual opening of
said part of said Third avenue and of
said alleys, as public highways will
practically destroy said furnace plant,
and the interest of the general public
does not require the opening of said
part of said avenue and alleys, and
WHEREAS. that portion OF said
Third avenue which was so dedicated
across said tract or parcel of land is
hundred and fifty-five (355) feet. more
or less in length measured along the
center line thereof, and that portion
of said alley between said First and
Second avenues so dedicated across said
tract or parcel of land, is twenty GOD
feet in width and eleven hundred and
fifteen feet 1l15), more or less, In
length, measured along the center line
thereof, and that portion of said alley
between said Second and Third ave-
nues so dedicated across said tract or
parcel of land Is twenty l20) feet in
width and five hundred and seventy
(5701 feet, more or less, IN length,
measured along the center line thereof,
and
WHEREAS, 1t is made known to this
Board that all the owners of the lands
abutting on said parts of said Third
avenue and of said alleys so dedicated
through said tract or parcel of land, as
aforesaid, have Joined in written in
Strument declaring the same to be va
Gated which instrument has been duly
executed and acknowledged by said
owners, as required by section 6032 OF
the present code Of Alabama dso1),
and has requested this Board to assent
to such vacation, and
WHEREAS, convenient means of in
gress and egress to and from their
property are afforded to other property
owners owning property in the tract
of land embraced in the survey, plat or
map so made by the said Elyton Land
company as aforesaid. by the remain
ing streets and alleys dedicated by said
survey, plat or map, and
WHEREAS, said City and said Sloss-
Sheffield Steel & Iron company have
entered into a contemporaneous agree
ment dated the eth day of June, 1913,
relating, among other matters. to the
future rededication and opening of said
portion of said avenue and alleys.
NOW, THEREFORE. be It RE-
SOLVED by the Board of Commission
ers of the City of Birmingham, that the
assent of this Board and of the said
City of Birmingham be, and the same is
hereby given and this Board and said
City do, hereby, consent to the vacation
of said parts of said Third avenue and
said alleys so dedicated through said
tract or parcel of land. as aforesaid;
that Is to say, those parts thereof which
extend from the southerly boundary
line of the said right OF way of the
said South and North Alabama Rail-
road company, in an easterly direction
to the western boundary line of said
32nd street, according to said survey,
plat or map.t
Approved July IS. 1913
c. ExUM, President
Board of Commissioners,
A. o. LANE, Commissioner,
JAMES WEATHERLY.
Attest: Commissioner.