The Birmingham age-herald., 1916-05-05
Resolution
By Hop

Whereas, at a meeting of the board of commissioners of the city of Bir- mingham, held on the sSth day of November, 1913, the following resolu- tion was adopted:
 Resolution authorizing the vacation of a portion of the subdivision known as Mount Pleasant. owned by the Ems ley-Pratt Highland company and au thorizing resurvey thereof"
 Whereas. Ensley-Pratt Highland company has petitioned for the vaca- tion of the present map and plan of the Ensley-Pratt Highland company's subdivision known as Mount Pleasant, lying in the southwest quarter of the southeast quarter of section 32, town ship IT, south, range 3, west as re- corded in map book 8, at page 39, of the record of maps in the office of the judge of probate of Jefferson county, Alabama (except the survey of lots >, g, and 10, in block 2, of said sub division and except so much of the street. avenue and alley as abut on said lots according to the said survey). to the end that the streets, avenues and alleys intersecting eaid survey may be more conveniently laid off and rearranged; and.
 Whereas, it appears that the said Ensley-Pratt Highland company is the owner of all the lands in said survey abuttlng on the streets. avenues and alleys which are to be vacated; and,
 Whereas. said Ensley Pratt Highland company proposes to dedicate to the public all of the streets. avenues and alleys in said survey as shown by the new map and survey thereof known as Virginia Heights. presented to the board on this day and duly identified by the following indorsement of the city engineer: Approved in accord ance with the resolution adopted by the board of commissioners of the city of Birmingham on this 18th day of November, 1913, w. G. Kirkpatrick. city engineer" and.
 Whereas, said resurvey has been duly adopted by the said Ensley-Pratt Highland company, as of th.e 18th day or November, 1913, and certified bv Charles w. Woodruff of Totten X Woodruff, surveyors and engineers. in accordance with the laws of Alabama; and,
 Whereas. it appears that convenient means of ingress and egress to and rom the property involved will he aIIorded to the property owners own Ing property embraced in said man and plat by the dedication of the streets, avenues and alleys shown on said new map and survey.
 NOW therefore be it resolved hv
 
 or Birmingham, That the assent of this board be, and it is hereby, given to the vacation of the map and plat of tha sald subdivision of Mount Pleasant fex cept the survey of lots 8, 9 and 1O in plock of said subdivision, and excenf so much or the street. avenue and al ley as abut on said lots, accoraino to the sald survey, as the same is found of record in map book 8. at pace % or the record of maps in the office of the Judge or probate. of Jefferson conn ", Alabama, and that the annulment ana rededication declared by the ter,r,s or the certificate indorsed upon said new map and survey, known as Vir ginia Heights, be, and the sama <, hereby, approved
 whereas, through an oversight said resoiutlon was not recorded on the minutes or the meeting of the board or commissioners on said date: and.
 "hereas,> the foregoing resolution was published as required by law on December the 10th, 1913, in the Bir mlngham Ase-Hera1d, daily newsna- per of general circulation published in the city of Birmingham: and,
 Whereas. some question has arisen as to the legality Of said resolution on account of the fact that the same was not recorded in the minutes of saIl meetng; and
 Whereas the cltN commission is de- s1rous of removing any doubt as to the legality of said vacation and re. dedication as provided for in said resp lution
 Now therefore. be it resolved by inc city commission of the city of Bjr mingham. That the resolution herein above set forth. adopted on the aStb day or November. 1913, and published on December the 10th. 1918 ana re~ nff judge of Jefferson county, Alabama. in volume 754 of deeds, page 21S. as ex hlblt "A to certain declaration of vacation filed by the Ensley-Pratt Highland company on the 18th day Of December, 1913. be and the same is hereby readopted. ratified and con flrmed and the minutes of the meetin.. of November the 2Sth. 1913, be and the same are amended by the inser- tion of the said resolution and rec ord or the introduction and adoption of the same as required by law.
 Be 1t further resolved. That the sec retary Of this commisst,n be author lzed ana directed to record this reso- luton on the minutes of this meeting Which, when so recorded, shall operata as an amendment to the minutes of the meeting of November 2Sth. 1912. and shall also operate as readop ton, ratification and confirmation of the action so taken.
 Be it further resolved, That the adoption of this resolution shall not affect certain contract entered into be- tween the city of Birmin gham and the Birmingham Railway, Light and Pow CT company, bearing date 18th day of March. 1916 but the vacation of said original map and the rededication thereof shall be in accordance with the provisions of said contract
 AnprOypd March 1Q1c
 GEORGE B. WARD, # President Board of Commissioners.
 true copy
 e R T.TOYD (itvH C,larIx