redacted letter from richard cater, state of alabama to melissa waters, usepa. subject

State of Alabama Department of Finance Legal Division 600 Dexter Avenue, Suite E-3 I 0 Montgomery, AL 36104 Telephone: (334) 242-4220 Fax: (334) 242-2008 www.finance.alabamagov Robert Bentley Governor

Richard H. Cater Chief Legal Counsel

David A. Perry Director of Finance

May 6, 2011

Ms. Melissa Waters SEIMB 11 tb Floor U.S. Environmental Protection Agency 61 Forsyth Street, S.W. Atlanta, GA 30303 RE:

Request for Information Concerning Property Located at 310-312 & 328 Dexter Avenue and 309 & 317 Washington Avenue Pursuant to Section 104 of CERCLA for the Capital City Plume Superfund Site (Site) in Montgomery, Alabama Dated March 24, 2011

Dear Ms. Waters: The above Request for Information addressed to Mr. David Perry in his capacity as Secretary of the Alabama Judicial Building Authority (AJBA) has been forwarded to the undersigned for response. Mr. Perry serves ex officio as Secretary of the AJBA by virtue of his office as Director of Finance for the State of Alabama The Legal Division provides legal services to the Director, and, at his direction, on a case-by-case basis on behalf of AJBA Thank you for extending the deadline for responding to May 9, 2011. Enclosed are the responses of the AJBA to the questions presented in the Request. The information provided is the result of the efforts of the staff of the Administrative Office of Courts, the Alabama Attorney General's Office, the Debt Management Division, this division of the Finance Department and the Alabama Building Co Please call me with any questions regarding this Re

Enclosures: Response to Request, Exhibits A, B, C & D cc: Patricia Haigler, Debt Management Robert Tambling, Attorney General's Office Nathan Wilson, Administrative Office of Courts

Response of the Alabama Judicial Building Authority to the Request for Information Concerning Property Located at 310-312 & 328 Dexter Avenue and 309 & 317 \Vashington A venue Pursuant to Section 104 of CERCLA for the Capital City Plume Superfund Site (Site) in Montgomery, Alabama Dated March 24, 2011 Following are answers of the Alabama Judicial Building Authority to the questions posed in the above described Request. The numbers correspond to the numbered questions on the Request: Ownership of310-312 & 328 Dexter Avenue and 309 & 317 Washington Avenue 1. The Alabama Judicial Building Authority ("The AJBA") is the owner of the property located at the 300 block on Dexter A venue, which encompasses 310-312 & 328 Dexter A venue and 309 & 317 Washington Avenue. The AJBA acquired several parcels on the aforementioned block in 1990. Legible copies of the deeds are provided herewith. Please see Attaclunent A. The AJBA currently holds a fee simple interest in the property located at 310-312 & 328 Dexter A venue and 309 & 317 Washington A venue. 3. The AJBA has not transferred fee simple interest of the property located at 310-312 & 328 Dexter Avenue and 309 & 317 Washington Avenue. However, since acquisition of the property located at the block of 300 Dexter Avenue, the AJBA has entered into leases of the property with the Unified Judicial System of the State of Alabama. You and Your Company 4. A. Legal Name: Alabama Judicial Building Authority B. Date and state of incorporation: December 10, 1986, State of Alabama C. Physical Address: 300 Dexter Avenue, Montgomery, AL 36104 D. Mailing Address: 300 Dexter A venue, Montgomery, AL 36104

5. Richard H. Cater, Chief Legal Counsel Alabama Department of Finance Legal Division 600 Dexter A venue, Suite E-306 Montgomery, Alabama 36104 (334) 242-4220 6. The AJBA is a public corporation and instrumentality of the State of Alabama created by and having corporate powers and functions set forth in Act No. 86-420 adopted at the 1986 Regular Session ofthe Legislature of Alabama and approved April 29, 1986. The AJBA has served as the financing vehicle for the acquisition of land and building of the Heflin-Torbert Judicial Building. It also leases the land and the building to the Unified Judicial System of the State of Alabama. The following oftices of the Unified Judicial System are located 1

within the Heflin-Torbert Judicial Building: Supreme Court of Alabama, Alabama Court of Criminal Appeals, Alabama Court of Civil Appeals, Alabama Supreme Court Law Library, Alabama Sentencing Commission, and the Administrative Office ofComts. 7. Each of the oHices enumerated in 6, supra, engages in general govemment work involving the state Judicial System. 8. N/A Relevant Affiliations 9. Neither the AJBA nor the tenants within the AJBA have conducted business with The Montgomery Advertiser, Gannett Company, Inc., or the Alabama State Department of Education, other than possibly the occasional placing of legal notices in the Montgomery Advertiser newspaper. Acquisition of 310-312 & 328 Dexter A venue and 309 & 317 Washington A venue 10. After a diligent search, no contracts between the grantors and the AJBA were located. 11. No current state employees have knowledge of the prope11y prior to acquisition. Attachment B hereto consists of minutes of meetings of the Alabama Judicial Building Authority held September 12, 1988, December 14, 1988, January 12, 1989, May 10, 1989 and June 21, 1990, in which the meeting attendees discussed the status of acquiting the various parcels comprising the 300 block of Dexter A venue. Also attached hereto as Attaclunent C is an appraisal repmi that was conducted prior to acquisition on certain parcels located at the 300 block of Dexter Avenue. 12. After a diligent search, no infonnation was discovered about investigations unde1taken prior to acquisition of the site relating to the following: A. The previous owner(s) of the property except routine examination of public records to establish a chain of title;

B. the histmical uses of the property; C. by an environmental professional, except an asbestos study of buildings on the acquired prope1iy was commissioned around the time of acquisition of the prope1iy in preparation for demolition of said buildings. (Attaclm1ent Dis correspondence from Environmental Materials Consultants, the finn that conducted the study, in which it proposes a plan for asbestos removal on the various structures that were located at the 300 block of Dexter Avenue); D. the potential for contamination at the property;

2

E. any review of state, federal, or local govemment records conceming contamination at the property;

F. involving visual inspection of the property, except an appraisal report on certain parcels that is provided as Attachment C.

13. No limitations disclosed in available records. 14. The AJBA, nor any of its personnel have neither any specialized knowledge or experience relating to evaluating or remediating enviromnental contamination on properties.

15. A. None. To the best of the knowledge of the AJBA, it has not and is not releasing hazardous substances on, about, or beneath the property and is not aware of the existence of any hazardous materials that existed prior to acquisition. B. N/A.

C. N/A.

16. Only recently have employees of the Administrative Office of Courts on the Ground Floor of the Heflin-Torbert Judicial Building complained about air quality. 17. The AJBA is in the process of commissioning an enviromnental study conceming the air quality in ce1iain areas of the Building. Other Sources of Infonnation 18. The following individuals might be familiar with the acquisition of the property located at the 300 block of Dexter A venue: Fairley McDonald

Mr. McDonald was retained as p1ivate counsel by the AJBA to assist in acquiring the property located at the 300 block of Dexter A venue. He cmTently works at the Alabama Department of Insurance. Lee Miller

Mr. Miller served as counsel to the Alabama Depmiment of Finance. Assisted the AJ BA in acquiring the prope1iy located at the 300 block of Dexter Avenue. He is cmTently retired.

3

Jack Dixon Mr. Dixon worked in the Office of the Chief Justice. He was the project leader for the acquisition of the property located at the 300 block of Dexter A venue and for the construction of the Judicial Building. He is currently retired. 19. Any solicited documents that are not available to the extent they may have existed, appear to have been lost, misfiled or misplaced. A. AJBA's maintenance of records relating to title to the property to the extent that are available by financial records and minutes of board meetings. B. The fate of any missing records is unknown to cmTent administrators. C. If they existed, contracts for purchase of property, title documents, enviromnental site assessments, etc. D. Unknown except for those persons name in Item 18 above. E. Alabama Department ofFinance Division of Debt Management 100 N. Union Street, Room 224 Montgomery, Alabama 36130-2617

Submitted: May 5, 2011

4

Attachment A

-----------------

.t

T

SCALE: I"

=~0'

-I

OEXTER "b,

I!O.b'

AVENUE 53.8

1:.!.1

70.!;1

I 'I I I

'V·

{,.

0

..

PMca.IO

Q

-

g

., "'2

PARCEL 9.01

PMCEL.9

., "'

-N ~

"'

.

I

I

"'I

I I \

I !OC' ~0

GO

ll'areel. (71

at the southweGt co~nor ot HUll street ang OQXter Avenue as said cornor is now looated by the sid~walk ~aving; thenoo west along t.~e south sido of Dexter Avenuo fifty-four feet and ten inches; then~e south on9 hun~red and. ten f~at, ~ore o~ lase, to lot 7 on the 'oii'Jet aida o:( H.ull Street1 thenoo;o east. 54 feet en~ 10 inches to tho west cide of Hull Streett thence no~th alonq tho west ~ide of Hull Street one hund~o~ an~ tan !oat mora or lees, to the point of ~o9innin~1 tho wast fou~ faet ~nd ten inches of tho;, propsrty here~n convoyed beiny ~ubject. to joint alley rights wit.h the ~roperty wo5t thoreot as stated in the deed ft-0111 M. W. Stuart, at 0.1.., to Rosgio L. MUrray ahd the deed f~ H. w. Gtuart and v1fa to James S. Pinkard, eaid deeds boing rocorde~ respectively in the Office of the Judge of P~obate of Montgomery county, Al~bama, in Deed Boo~ 71, at Paqe 63, ~nd Deod Book 87, at Page 318: the afo~odesc~ibed premise-; beinq known as Lot 215 and tho east fou~ feet ten i~chee o£ Lot 25 on the south side if Dexter Avonue in tho.t portion ot the City o! MQntgom.,ry, Alabama, forlllerly la\own as ''New neg~nning

JrhilaHS J>.C.; tJNlalOWN CLl\IHAlnS ) nlM THROUGH "l.OO,n; and ) W. V. :r..YlmL'i, in hia official.) I

)

capacity a~ Tax collector of ) Montgomery county, Alabama, ) )

Defendants.

l ./--···.

TO

TilE

BONO!i1ABLE

HONTGO~Y

tl'l~

the

STATE

jurisdiction o:C

County,

PRO~

OF

12

FOR

l>1a:lntiff STATE OF A.LABAMA, acti119 by anc:l BUILDING

~lab~a,

aG

Bl'\~

COMM!SSIOU,

this 1>onorfessional unde"'

th~

WILL:I:AAS,

&

laws of the State of Alabama that

pro:>fe:;sional

practice

business within

10.

ESPY

The

of lav and. has

Montgome~

Defendant

is a

P.C.,

co:>rporation duly organized and validly

existing

enqaqGS

in the

its principal place of

County, Alabama.

ALVIN

HOLMES

REAL~~

COMPAN~

is

a

partnership, sole prop;rietorship, or some business entity other than a

corporatiol'\ that baa

vithin Montgome"'Y County, 11.

its principal place of busine!n that has its principal place of bu&iness within 12.

The

thsn

~usinese

lJ •

county, Alabama.

Defendant

proprieto,.&hip, other

~ontqomery

a

li'.t:LHAM'S

partne:t"o::hip, corporation

BEAUTY

is

SHOl>

a

or sQmO form of :bu$1neas that

has

its

principal

sole ent;!,ty

place

of

vithin Montgomery County, Alabama. Defel'\dant

The

unincorporated

AI..MIAHA

agsociation

OEMOCBA'l."IC

or

CONFEREliCE

to~

some

of

i&

an

political

organization other than a corpo:>ration that has its p:rinoipal place of businoss, vithin Mo:>ntgomery The

l.4,

Oefen~ant

coun~y.

MORTGAGE PLUS,

Alabama.

INC.

which Cloos busine.&& in Montgomery County,

1

;la

a corporation

Alal:ltnna,

under the

name MORTGAGE PLOS HOME LOANS. ~5.

those

'rhe Defendants UN1010WN CI.AIMANTS. "1" THnotlGH "lOO" are

per~o:>ns,

corporations,

partn~rships,

propriotorehips, or

other business entities ot whatovar description, if any, who may claim any interest :l.n tho propertiee; which a;re the subject of this Complaint,

as horeinafter d.oscribed, but whoee identities

inte,.est~

and the

so claimed, if any, are not known to Plaint:!.!!

aftor the exorcise o.t ro.asonable d.iligenca.

litequest

is

maClo

that said TJNIQIOWN CLI\.IMANT5 "1" 'l'HROUGH "100 11 be apprised o:f the fact o! this action and be otherwise made Defendants herein by publication pursuant to

....... ~- .......... ·-·····

·~-..I. •• J • • •

_

·-·· ....

•

••

,., __ .. , ..

'

•...................,

A.~.civ.P.

,.,:·

«c;

'«

-=·Q•?"'' ro

Rule 4.3 •

• .............. ·

0508

0236 The

16.

Def;'eml.ant

co~nty,

Montc;romsry

v.

W.

LYElRLEY

CATRERINE G.

or tract of real pJ:operty,

located

as

and

aJ:e joint owners vith rig-ht ct:

ot: that certail'l parcel

improvements

Alabama,

JESSE W.

husband ancl wife,

survivorehip with

Oefendants

15

1n

Montgomery

south McDonough

county,

StNet,

sa.l,.d,

doeignated a:!l Parcel 1], on eltllibit "l"

hereto and bei.n9 111ore paJ:ticularly descJ:ibcd ae

fellow~:~:,

wit: Lot NUlllber 7 on the east eiciG~ of McDonough Street, fJ:onting 50 feet on said stJ:"eet and running baek of even width 100 feet, in that pa:t"t of the cit.y of Montgomery tormorly calle~ "Ne\ol Philadelphia."

4

••••••'''' • ''"'"'" ', .......... ,.., ..........~~~ ..... l._,.~.. ,,n,••

to-

0509

0238 Boin9' .th(! same parcel or tract of roal property described as follows ·accordinq to th~t certain Douglas o. by 1988, dated February 2, s~ttvey, Sheehan, Alllb= !{egistered Land survoyor Nwnber ::159'>, to-wit~

Commence at the southoast eornor of McDonough Street and OelCtEir Avenue; thence J:Un :oouthorly along the east s.l.de of McDonough Street 110.0 teet to the point of beq.l.nnin9; thence from the po.l.nt of thonce run beginnin9 run easterly lOO,O feet: southerly o;o.o feott thence run westerly 100.0 foot to a point on the east !!:ide of McDonough Street; thence run north .. rly along the east aid¢ of McOOnoug-h Street ~o, o feet to the point or beginning. The said described p:c-operty being Lot 7 on the east s.l.de of McDonou9h Street in that part of ~nd known Al,.bama, Montgomery, of City the as "New Philadelph;l.a" ~neyor Number 3!095, to-wit: B~9in at the southWI'!St corner or Hull Street and Dexter Avt.lnue; thence. run southerly al.on.; the west side o:t: Hull Street 107, ~~ f9et; thence ve~terly 54.5 feet; thence northerly l08.6 feet to a point on tho couth side o! 0¢xter Avenue~ thence run easterly along tho south side of Dexter Avenue 54.9 feet to the point ot .beginning; tbe ~aiel deacribed ~roperty ~eing lot 25 in the east 4.B3 feet of lot 25 on the south $iyol;' Number ~595, to-wit:

de~cribed

Begin at the northwest earner of Hull and Washington St~eete; thenoe run vosterlY ~long tbe north side of Washington Stroet l.Ol. o fee.t) thence northerly 101,5 t:oet; thence run oaate:rly and parallel to Washin9ton et~oet 100.~ feet to a point on tho west side ot Hull St~Qat; thence run southerly along th~ 9aBt sido o~ Hull St~~et 101.5 feet to the point o~ ber;rinninq, Tne a aid cl~:scdbed p:tcoperty being part ot. lo~G 25 and 25 on ~9 north ~ide of wash~n~on Stt"cet in that part o:f the City o;t Montgomery, Al.!ll>e.m~, known and d.esignatod ac> "Ne'li Pniladel:phia" an~ contain1nq 10,2~1.1 (l:qua~o feet.

=

~t

is the

info~ation

inforlll~tion

and belief of tho Plaintiff, and upon such

and belief it

i~

aver:tced, that tho Detondant

~LTON,

ESPY & WILLtAMS, P.c., occupios the toreqoinq described parcel or traot of real ~roperty and/or the irnprovomenta thereon, and

s

0236 oecup~ncy

c:laims a pos!:l:assory or traet

anCljo;r

oaeupaney

tllo

improvolllents

ag;roement,

or

thereon

some

0513

interest in sai, but the identities of said tiNXNOWN

any

"lOO" and the interests. so claimed,

THROUG~

"1'1

CLA!MANTS

.tf

any, are not Xnown to Plaintiff after the oxel:'cise of reasonable diligenee. The Defendant W. V. L'll!:ll.J:.Y,

2!;;.

as

Ta~

in

Collector of

tho:.

Montgo~Qry

properties

respective

parasraphs

(~0)

through

(23),

in his official eapaeity

County, Alabama, has an interest

in

doscribe.d. 1nolu$ive,

by

fore'i{oill9'

the virtue

of

sueh

oftieial eapac:ity.

Allegations ~9 to Plaintiff's Right to ~a~e ·Prl:e~y by Emlnrmt Domain and to Maintain Tl!.la Act on 2 6.

The

STATE

.BUILDl;NC

Gtatutory authority under to

ac~iro

COMMISSION

§4l-9-~4l(a)

tno

has

eXpress

(1), Coda of Alabama 1975,

lands for and. on behalf of tho STATE OF

ALA~AMA

by

condewtat;Lon. 27.

B;, its approval of 191!6 Act lio, 86-4:20,

iJ4l•l0-:260 Alabama real

~~··code

Le'i{ialatu~:e

J;lrcporty

has

of Alabama 1975 [l9BS

h~totore

public

Alabama,

for

ueo

facility,

:boinit

"l..''

(20) through (23)

all of tbe right, title

of tJNz;NOWN CLAlMAlexte:r: AVenue, and a~s:o a pareal baq1nning at a point on tho·woat aiae of Soutb Hull stre~:~t in tho City of Montqomeey, Al~bl!:rna, 107.3 feot Gouth of tho intersection of too west aide ot South Hull Street and the sou~ eide of Oexter Avenua; thence south along South Hull Stroet 50.5 feet to the north ~ide of a briok w~lll thenoe weGt along tho no:r:th side of the wall 100.0 f~t ~o the west ~ida of a ~rick Wall; thenee north along the ~est ~ids of the ~all 45.0 feot to the north side of a briek wall: said point being 111.0 feet south l

•

••

•

. . . . . . . . . . . . . . . . . . . . . . . . . , ____

.•

...---··

•.•

b•

·----

• • , .... _ , .. .

4Jr~o.~.'·x·w.;·.,,-~

... -·J·•·'

111!Y I UII ll PA&E Ub I I

of Dc.~xter Avenue; thena., easterly e.lonoration

paid l:>y

tho

of which

a:t:e

GRANTOR aoes by

these presents REMISE, RELEASE, QUIT-CLAIM, ana CONVEY unto th~

ALABAMA JVDICIAL BUILDIIJC: AUTHORITY [referred to herein

as

"CRAN'I'BI:lnJ,

a

;PUbliC!

C!O.tl>Orati §20 of Aot No. 96codified as §41-l0-279, Code ot

~etcrence

420,

Alabama to-wit I

1975 1

"§4~-10-279.

which states Exemption

frg~

as

follows,

taxation,

Tho :~Jroperties ot the authority and the income thorefrom, all lea~e agreement5 m~de by the authority, all l:>onds issued by tho authority an~ the income th~refrom and all lien not1oo=, mortga~~~. assignments anCI financing statements filed with respect thereto shall be forever .ex~mpt from any and all taxation in the state." TO Rli.VB TO Hot.D tho

aforegranted premises to tho said

GRANrEE, it~ QUcceasors and a~signs, FO~. lN ~SG WHEREoF, BLUEPRINT SE~VICE, INC., an Alabama corporation, ha~ caused t~i~ instrument to behaH by

T.-..~ W. lkr.~

attested by on this thi.t

f.L;...._ G. ~' zSfe day ot IM~

,

~e

executed in· its

;l.b president,

ita

~@;,

and to be

of 199o.

BLUEPRINT SERVlCE, INC., a Alabama corporation

"'~~ SEAL)

STATE OF ALABAMA

authority, a

~~lie in and for

certify

that

~~~~~~~~~~-:'::~~~~~~~~==~~:;-- Ofwho~& names BLUEPRINT orporation duly orqan;l zoed

exhibit

of Ten and N0/100 dollars

valuable

BRUCE,

of which are

~RANTOR

CIAIM.

in

as MORTGAG:t; PLUS [ rsferx-~d to h(lre:l.n as

suf~~ccncy

said

~nd

eai~

in

the

county

of

property bsing commonly

St~eot a~cl bei~9

desi9nated as

block survay attache:d. hereto as

and bQ!nq further described

!19

follows, to wit!

commencing at a point on the vost siclo o~ north of washington alon9 the west ~ide of Hull street 62. J feet t.;> the north rAea or a brick wall; thence we~;terly along sai~ b~iek wal.l. :t.OO teet to the \olest face of anothe:r brick; wall: thence south along said \r!All 150.5 tr:oot; thence east 100,7 toot to tho point of beginning. ~ull Street 102 feet ~vonue; thenoo north

Soinq the same l'areal or tract of real proporty dascJ;"ibed as follows according to that certain survey, dated February 2, l9SS, ~y oougla~ o. Sheehan, Alabama Rc9isterod tand 1 surveyo:r Number 359~, tovit: ·. commence

at the northwoeet corn~r of and Hull Streets: thonce run northerly along the w~;~et a:ide of ~ull street 101,5 toet to th~;~ point of beginning; thenoo trom the point of

Washingto~

.,......_....:._.

boginning run weGte~ly 100,4 fe~t; thence 62,0 :foet; the11ce (!asterly lOO.D feet to a point on th~ weet aid~ ot Hull StJ;OJ~t; thenco ru11 eoutherl:y ;!.lon'if the ~ost side of Hull Str~et 52.2~ feet to the poi11t ot beq1nninq. The ~aid des~ibed prop~rty lying and beinq situated on the woet Gide of null street betvGen Waahinqto11 StJ;Qet and OextGr ~vonua in that part ot the City ot Montqo~ery, Alabama, Known and designated northe~ly

Philt~del~;>hia"

liS "New 6,224.~

an~

containing

equllre toat.

~

*• *•

~

~

• • •

* • • • • • •

A

A

*

The abovo described property is not the holtlest.oad Of GRJ\NTOR. ·

lt is the intent of tho GRANTO~ herein to convoy to GRANTEE, its suecesaore and assigns.,

any anama, bounde~ on the north by OOlCter Avenue, on tho ea!Pt by South Hu.ll Street, on the south by waahi.ngton Avenue [Stree.t], t~nd on tho 'Weflt by South McDOnough street, whe.ther the sa~e is co~rectly des~rib~d herein or not. The foreqoinq doscribod roal property is convoyed Joy GIRAHTOR to GRl\NTEE for the U$0 and benofit of tho state of ~labaQa fa~ pUbli~ nso liB the Gite of a new State judicial facility, as defined in and authorized and contemplatsd by Act No. 66-420 ot the Le9islature of the st~te of Alabama {said aot bein~ coOifil;l.d as UU-10-260 et ~·, coda of Alabama 19?5], an(l th1~ convey!'l.nce ia made to GRANT~E, a pW!lie corporation organizeli pursuant to eaid ~ot ~o. 86-420, for the purpoaoe and to the onds contemplated by sai(l Act No. 86-420. eonv~yanc.;a

marh• by GRANTOR in of thoso co;.rtain proco;.edinga pursuant to the AlAbama Eminent Oomain Code of 1986, §§lB-lA-l at ~., Code of Ala~ama 1975, styled State of Alabama, e€~. 1 v. Jesse w. HempeJ:ley,

Thla full

eF

is

settlement

aL,

No,

~eJ;oof

21754,

pending

as

of

the

in the Probt~te Court tor Montgomery county, Alabama. The consideration fo~ th1s conveyance paid by GRANTEE to G~TOR ia in lieu of and to the e~eluaion of e~ch awa~d of compenea:mn, bounded on the north b:y OQXter F>venuo, on th" east by South HUl.l strQet, on tho south by Waahin~on Avenue (6~reet), and on the west by South McDOnough Street, whether the same i& eorrectly describe~.herein or not. The toregoinq desoribed real property !a convoyed for the, u~:: .. and benefit of the stato of Alabama for PUblic use, A& the aito of a new state judichl :faeility, as datineo: in an~ authorizQd and contemplated by Act No. 96-420 of tho Lagisl.awro of the State at Alabama [~aid aot §§41-J.0-260 at .!EQg., coo:'lo of being coane:r l\.venue, in tl"l~t part of the city of Montgo111ery rormerly eall.elllDa ~egistered Land surveyor No. 3595, of ~otosaional Eng~nco:ring Consultants, Inc::., Montgomery, Alab ... ma, to-wit: Begin at a point on the llorth si.:to of Washington street 50.0 ~eet east of McDonough Street1 thenea run northerly an~ pa~allal to McDonouqh Street 1.1.0.1 feat; thence run easterly 50.0 toet; thence run southerly ~nd ~arallel to MoDonoQgh stro.at 110.2 feet to 11. point on the north aide of Waahir'lo;fton stroet; thonce run wes.terly along the north sido of wa,:::hington StJ;"e.:.t 50,0 feet to tho point of ~eginn:J.ng. The a,id ~eacribed property being lot 22 on the north ~ide of Washington Street in that part of the City of Mont.;tome:ry, Alabe.JII, known and deai·gnated ae "No.w Philadelphia," and c~ntaining 5,507,5 aquaro feet,

Jilarce1 9 Four (4) paJ;"COla o:t real property, together with any improv~ments tnareon, in tha City anQ County o:t Montgcl!lory, being d~:osoribed as follows, to-wit: lleginning at a point on the south eidoa. of Dexte:t" Avenue 90,3 feet east at McDonough St~eot; thence south a distance ot llO.o teet to a point 7g.3 :te~t east of McDonough Stroot; thenc::a ea~t and parallel 3

.. l 023PACE D013 with Dexter Avonue a di&tance o% 20.0 teat; thence south 69.9 :feet 1 thence 9nst a distanc:a of 51. 0 feat; thonca north 179.2 toot to ~he so~th side of Dexter A.venue r thence wast along DGxta~ Avenue a distance or 70.2 feet to the point of beginning; baing al~o deaori~d ~a LOt 2J on the south aide of Dexter Avenue an~ tba east 20 feet of Lot 22 on the south side of Daxte~ Avenue and the north le.5 feet of Lot 23 en tho North siy the authority ang lien notices, incomo theretrolD and all the aasignmante and financing etat~enta mo~tgagoe, filed with reopect thereto Bhall be forever exempt t>:oltl an'} and e.ll taxation in the state." TO HAVl!: Jllll1) TO BoLD tho 11fore9ranted p>:emi:;ee ~aid

aucces~oro

GnANTEE, ito

ot

th• State ot

said GRANTEE,

t-he

a~si~ne,

Al11bama, GRANTOR

ar~

that they ri~ht

tho

11fore~entionad

t>lt~t

atoromentiane~

it ia

premise&l

GRAN~o~ ha~

G~NTEE,

to eell and convey tho e11me to the

sl.looo"sors an:ther to be approvad by

st~ta

of

~labama,

G~y

Hunt,

a~

Governor

11nd to be attested by Glen erOWQer,

6

·~LPT 11113 rr.cr oU16 as

secreta~

oo'M

ct~y

or

Of

State o( tho state of

~'

Alab~a,

on

thi~

the

;J.!IIJ9,

AI.Aril~Mh

llUILDING

COMMISSION 1

an

l:l9Qncy of tho State o( Alal:la:ma

"" &t fkt;;;

&!YHii; 14GOVeri\OrOf thQ s te ot Alabam~ Itlil Chainnan

ATTEST:

/:?Ld",_t:::_ a~ State EUd9et

Ch~Lea Rowe,

Officer

Its Seoro.ta:ry

APPlWVED BY s

ATTEST:

G/LI=t;:d~ Secretary o~ State of the of Alabama

stat~

(SEAL)

STATE OF ALABAMA COU~Y

OF MONTGOME.R!i

I, the underoignQd authority, a Notary ~blie in and ro~ said Stat$ at Large, h$rQby certif~ that GUY ~ whoaa name as GOVERNOR OF TH.e STATE OF AlABAMA AND CHAIRMAN OF TliE A~BAMA BUILDING COMMISSloN, is $!gnad to thQ foregoin9 instru~ent, and who ls known to me, acknowl~dgad berorQ me on this day that, baing informod of the contents ot this inatrumont, he, as oueh office!:' and with full authority, cxc.outad the ~amo voluntarily for and as thQ act or t.aid Alabama su!ld!ng commi~~!on.

1

~;.fT I 011 rr.r.E G011 '+L

Given u9der my h~nd anct official seal thi~ the~~ day

Of~

, 1989.

~~~2~

I

(SEAL)

STATE OP ALABAMA

COUNTY OP

MONTGo~~

X, tho undereignod authority, a Not~~ PQhlic in ano for said ste..tu at r.arqo., herol:ly certity that CHARLES ROWE whose na:me ac. STATE BUDGET Ol'FIC!!:R OF THE DE!i'l\RTMENT OF l"INANCE OF TH~ STATE OF ALABAMA, i& signed to thu fore9oinq instrumo.nt, and ~ho ia known to :me, acknowledged hefo~a me on this day that, ~eing intormad ot the contents of this instrumant, he, aa t:.\l.ch ott:lcer, exoacuted the e.ama voluntarily on the aay sa:me ~ears dato.

:YY,'"JL at'r

of

ln)'

~a~~B=~d

-;·:,:·..:~:.~.::.:::.Ant.u eLf

-

'

I

~

....

I

I fW!CEL

:l

1

I

I

t)

I

4.0~ JOINT L-...._4.83 .,!OI!lT AU.E'I'~ r- All.E'f

-JiGes'

,_

~r-~·!!'_ I[!

~o.o'

80.01 • 100"

bj

7.~·11

51.5'

...

100

w Q::

....

~

..

PARCEL 0

PARCEL II

0

II

'01 .... 0

fl)

r_QO'

100'

j

0

.

t-0113,..--1

.,

I

.

:~()

0 0

PARCfl.l2

FJ~RC£.1. 9 II

g

fAACa. 9

100.1

;., 0 ~

ilg

......

I

2

I

§

.r

~. ot.,•

'

I

I l\0'

~o·

!!(}'

I

WASHINGTON

81.25'

"·1<

101.0'

STREET

•

~G~ft rcwo 0

"! IRON 01

BLOCK SURVEY MONTGOMERYL~~MA FEB. I, 1'3~9

.,

PMCEt. 13

I

,f

Pllf S£1

INDEX

1.00

02

REC FE

0~

1.00

l!EC

05•04~89

n:

25.00

TiltAt. 161668

l'lopcrod by:

ffiOfi::SSIONAL ENGINEERING CONSULTANTS 922 5. M•OONCIIJGI-I ST.

MONT60MERY,ALAOAMA 36104

EXHlBI~

f>\A.1E. OF 'ALA.

HO~TCOJ.IEAY CD. I CERTlff Tll~ 1N5TRUKE~T 'II~~ !'1! i:D Oil

JUDG€ OF NlO[lATE

~

:J::

"-!fm

~

..J ..J

N

"'

I. I

.



N

I

~0

FMCEL.9.02

I=J\RCfL 14

~

. I

.IQ!I'

z

i

•0

PARCEL 9

'0

D:

...

t-....... c=~-J---"""""--~---t .... 50.q

1

:z: 1:1

llJ

BUILDING JUDIClAL

A TO DEED FROM ALABAMA CO~ISSION TO ALABAMA BDI~PING AUTHO~TY

NO TAX COLLECTED

27.00

CORPORATION

~ARRANTY

DEED

STA'l'E OF AlABAMA COUNTY OF MONTGOHl:RY

KNOW

ALL

conai~~ration

othe~

for

MeN

the

that

for

ana

in

con~id&~ation

TITLE COMPANY,

to

un~~rsigned

the

INC., a corporation

[her~in

to as GRANTORJ, in hand paid by the GRANTEE herein,

reoci~t

of which

.~h~Se

does by

PR.ESEN"l;'S 1

of one HUnQred and No/100 Dollars ($100.00] and valuable

STATE ABSTRACT ' refer~e~

'l'HESE

BY

i~ h~reby acknowl~-.

be hereunto affixed and attested by :J"""L1J"!~.oneflt o"t Montqo~ory, Alabama, and Jame~ B. Roqe~~. as pastor of ~t. Peter's catholic Church of Montgomery, Alabama, to E. K. ~uokor, as r~oorded in oood nook 251. 1 1'41: page :)07, in t'b!!l Office o:( thG Judge of and, AlabaJna, Frobate tor Montgomory co1111ty, f:urthor, bein9 the subjcot of that C.Grtain (!.o.od, dated April 4, 1951, fr~ Goo~e L. Fink, as 9uardian o~ tho estate of Myra Hall, a non co~pos menti9, to E. K. Tucker, ae recorded in Deed Book 333 1 at pc.ljla 378, :Ln the Office of tho JUdge of Probate for ~ontgomery county, Alab~a. and also: Lot Numbered Twenty-Four (24), on tho North sido of Washington Street, in that part of the City of Hontgom~>:Y form=ly known e.s "New Philat!!elphia" r tho &aid pl:'oporty tronting ~itty (50) feet on the Nortb t:~ide of said Washington Street, and running back one hundred sixty (160) feet, and being tho. sa111o property conv~yed. by Dorothy WI'Jite, a widow, to E.K. Tucker, hie heirs and aeeignP, by varranty de~d date.:! January 20, 1966, and recorded in De~d Book 604, at page 429, in the Office of tho Judqe ot Probate for Montqo~cry County, Alabama. None ot tha for~going real property is tho homostead o:t oither of the GRANTORS or e,1,t.hor ot G~OR5°

spouse~.

TO HAVE AND TO HOLD the aJ:orogranted s~id

GRANTEE, lte

s~cceasore an~

assigns,

pron~ises

to the

FOREV~R.

AND G!UINTORB do covenant with the said G.RAN!'EJ;:, $UCcessors and assign&, that

th~y

ars

la~ully

its

seized ih fee

simple of the atorGlnantionocl premiee"r that U.oy are troe from all onclllllbrancos.t that GRANTORS bavo a goot;l right to sell and convey tho same to tho GRANTEE, ita aucoossors and aesigne;

and

that

GRANTORS

will

WARRANT

and

DEF~ND

th~

W'T 09 I ~ r·~~ 09 I Z aforern~ntioned pre~i=ea ~nd

assigns,

of all

!orove~,

C~B,

to the said

its

~ucce&sora

against the lawful claims and demands

person~~~o.

I.N w:I'rNltSS

seals this

WR~F,

.,., hav• hereunto set our hands and

~~day of Octobor, 1997.

STATE OF ALABAMA

COUNTY OF MONTGOMERY I, the unel.ersignad, a Nota:ry Public in and tor saiC! county and eai~ State, hereby certify that JAM~S EnWI~ WAJ;.f\ER, whose niH!Ie is signed to the forogoinama bears dato.

Given Uhder Octobl'lr, l!l97.

~day of

·.·

.· STATE OP ALABAMA COIJNTY OP' JIIONTGm!ERY

in and to~ said thQ unders l'Jlled , a .NotAr y Pu'bllc GEORG~ 'rUCKER said Stat.a , he-roby ce~:tify that foret]o lng oonvey anee W.IILKER, whoee na!lle is signed to tho Zatato of E. Kyla Tucke r, ind~vidually and as EXecu tor of tho ~oknow ledqed bofore ~o on me, to known ia ~ho ~O¢eaae~, and conte nts Of the the o ed inform ~eing that, day, th~s ta ily n the day the he execut Qd the ~ame vo I, County

and

eonvey anee,

same

bea:ra date.

zr,.,

Given Under octobe r_,_ 1!197.

My

Expir es:

day

of

4'JM

(SEAL)

proPa red

Inst~ent

b~:

~. Fairle y M¢Donald., li~ COPE~D, FRANCO, SCREWS

Post Of(iee Box 347 Mont;~sry, Alabam a (20S)

& ~ILL, P.A.

36l01- 0J47

934-11 80

Grant ee's

Addre~s:

JOO south McDonough Stree t Alabam a 36104

~ont9omery,

01 02

02 10-l0-9 7

INDEX Ra.; FE

REC FE

TDlAL

~95.33

1.oo

o.:so

10.00

11.50

R~_rT

CORPORATION

STATE

WARRANT~

0907PAGE 0632

DEED

OF~.

COmrl'Y OP MONTGOMEil.!l

ALL

KNOW

for

other

~y

MEN

THESE

MONTC>OMl::RY JAYCO:ES,

to

oon~;ideration

valuable

as GRANTO~],

that

PRtSENTS,

for

and

in

ot One HUngred and Ho/100 Dollars {$100,00J and

consideration

a corporat:lon

INC.,

the

undersignod

[hc.ve.nue, and. b'l!ing A pe.rt f Let 24 en the South side of Dexter Avenue, in that part of tho City or Montgomety fonnerly called "New Phihclelphili." sai~ proporty l;loing commonly known as 328 Oe~ter Avenue. The foregoing real property i~ not the hcmeste~d of either of the GRANTORS or aithel:' of GRANTORS' ~pou~es.

ro 1lAV£ AND ro llOl:.D the a:Coregranted ea14 GRANTEE, it6

heir~

and.

aG~igns,

premicc~

to the

FOREVER.

And GRANTORS do covenant with th'l> saicl GRANTEE,

its

successors and assigns, that they are lawfully so1zed in fee simple Of the aforementioned premisae1 that they are :Cree trom all enclll'llbrances; that GRANTORS have a good right to

1

Rl.PY

~-

assigns,

and

that

GRANTORS

will

aforementioned premises to the said and assigns,

a30c"~G[ 01\ 6

WARRANT

AND

G~NTEE,

DI!:F:END

the:

its successors de~ands

torever, against the lawful claims anQ

of all persona. IN WITNESS WHEREOF, WQ have hereunto eat seals this

_LL_~ay

ou~

hands

~nd

of September, 1987.

..

/2 ~(L.S.] ~ ~-"

~M~ ~~.::ott

rr..s.)

_.,.

STATE OF AlABAMA COUNTY OF MONTGOMERY

X, the undersigned, a Notary Plll>lic in and tor said County in said State, hereby ce;r:tity that ROBERT H.HAIUUS, whose na~e: is signed to tho foregoing conveyance, and Who is known to me, acknowledgeQ before mo on this day, that, being inrorm~a of tho eontanta of the conveyan~e, ho executed the same voluntarily on the day tho ~~me bears date.

Given under September, lg67.

~Y

hand and official seal this

t/~

day of

1~7f4~~ My Commission E~ire=-l

,.;J-J..._ d''f'

(SEAL) STATE OF ALABAMA COUN~Y

OF

MO~'I'GOMERY

I, the undersigned, a. Nota:ry PUlHie in and foz:o ea;I,Q county in ~c. hi stata, hereby certify til at JAl'IES M. SCOTT, "hose na~e is s:lgned to tho foregoing conveyance, and who is known to me, acknowled~;~ed betoro me on this day, that, boing info~ad of the contents of the conveyc.nea, he executed the same voluntarily on tho day the same bears date.

Given under my hand and official seal thls September, 1967.

My

)._-

For C. For D. for E..

.. ...... ,.. ..

t"-· ......... - · - - - - - - - __

.

Fi!ty pt:r cent or the b~c: rate.

Fin ~c:r e-ent ~;~!the ba.s:ic: l"llte. Tw~n;y per cent Q( the basic nte,

The sehedulc: or B.lsir.: Fee Rates is divided into fivt (5) buic butldint type fr'Cl.rpin.:s u turY'int the B-asic Fe-e Schr:chtle u tabulated. hen:ina.!ter. · ~age

l of 5

!~ted hen!wllh. each :roup~

Pviu, H~nin1 H11md. O!fia &dl.clinp ('ltid'l lcn.at~t i~n~~nP¥e-tsl, P•~ PJI'I'f""""' an4 Jl.~f.ti...W 11C:Wties. .Po/lc:c !it&Uo~ Pon OUiccs. P-ub!Wain1 PIJu"'H. ~~:tta..-Mts.. ~~~ We.mcnw-y Vld ~)• .SC..O..Ity ShoP!. Stadi~ Tr&NPQC""Qtioo\ TICNI"'~ WcUC1'1 ally or aU .,.. C~;~nt;.t~ lnc.ic:l~f.LI to an _..u pW\ ot

&ft;hitcctUr"OLI dn•l11pmcnt.. •-

·

•5lmple, prelabrlcat~«r~rinccT"'I:'d, minimum ~s am..tl ~ ~Lfloed ~~r Grout> 'tt.. ••Vlll be~ witl\ !uie Arrl\itl!(;tU&.l5ervlee un.h::J.> ·~In AniC:h: lj· · IV. A~iumJ, Allditariu;.,t, .._lrp«1 CQI\tTol To wen,. Art C..lluict, 8n:w~in, Colleze lluildlllfJ ~llilditlp, f..xpoilticon I'Juild'&n(J, ctoM ..... ~•ari~. Xhool (Sped.\.1), lheal...-t lind almiJ&I' lacllititl.

e,...,..j,

etwp.

v.

•UI\Jc:l

with ~ b.r:lllti.c.s, C.."""...V.:...tiot11

lolaloS-61cvms. Mcm.,ria.l£, Mai'NmcnU. Rcs.icS~ ... ~poed~ Ooe-c:onu,-c 11\llldi.nss., C~:tom Cui~ f'UI"''llsl'linp.

ottu:rw~

•cre-e-d In N"!lde U. SCHEtil!U OJ" !!!ASIC: FE: !tATE. !IY !!!LnUUNC Y'YPI! C:R.OUP!.NCS . CR.OU? ANO

COST OF. 'l'OIUC

Up 100,001 200.001 ,CO,!XU

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F~~ :&hall l'l;lt ;.:=.!' &bove ~ule uol=.s appr-a~ by .-r.he &wldinc CammiuiQn Olt..-1:'101' and ttw ~. Lowct 1~ m.&f t... nesouuood •"'""' &'1'91ioble eofl$ioluins the prQ~ s.i.:c, complexity, cost, rc-J)ctiticru, elc:. !==:~ 101' c11st 11( wane J.allinc, beN>~ any rna..z.imum Jimit:l W1J !:oc: d~tc:nnino;-d

br inte'1"'1' tl.,..,

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·

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o.

-

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.

. It U.!W"tl\CT' &J!:rl!ed !h.l.t under a. tub$.,..._,..,.,t ~1!1'-llrchlt~ Asre-em@ft~, tile t.u.ic fee lQ(' 1ny >Ub.nultia.l ~Jia.tion 11! Ot:oc:t'e't"CC

lrrmin::nid di.pll'no:n Cit r. .. C:tl¥~ ...., by Art..ic:ln No.l ~lld No lS Tro. Cl:l.ln,:t d~itC'tl Jlnri 11 .. Ci~••nc:irs in th• '"'0'~ or Conlfllc:'tors.

~rl/1 .til~ II :l•Omtl~· nan•:r 11\t Ov•n•t '" ...-rninr nr :IRJ' ~rntfiC:JI\l dtu:or~ ..... '" lhP ., .... hn· o( tnll.ttlll.:h;>r •orlSihle far the quality of project dellvexable.s, 8I"d lor.1ll CXJt"'du::t p:cesentaticns of rec:at111BI:dat:1c:ns to the P.roje::t M3nager/Crnmittee. Or. W::nJ will pers:nally ~ cloeely with judges, adn.inistrators, law libr:arians; arrl depart:rtent heads to insUre that tte mterests an:i cx:n::erns of ~ a:J..Irt systan are fully arrl ao::urately acl::1ressej in tx:rth 't:ha facility pr(9:ran as well as in the final design O:::cunents prcdu:ed for tte projt=et.

s. W::oj, M3na9ii9 Cc:nsul tant anj Ms. 'I'erel""D: Eel: 9Jl E!i 1, Project Mr. W:Xx:l and Ms. ~. will be resp::rlS.i.ble for the day-today managenent and c:::peratic::n of ttU.s proje::t and. will be. resp:nsible for t:ha ccordinaticn of all a.spec::ts of S'C' s .involverent. Mr. \rb:d and. Ms. BezgJren \olill be 'tha cx::nta=t: ~ fc:rc this project.

Mr'. Gordc:o ~:

MS.

Miclelle t-blloy ard Ms •. Karin .Jensvold, Senior Planni.ng Consultants:

Ms. l-blloy am Jensvold will \.Ork closely with Dr. W::rg ard Mr. \tb:xl en all technical a.sp:!CtS of this project, arrl will provide ma.jor assistarce in t.te area of stan:lanls arx:l guiciel.i.res awlicatic.n, alternative design o:n:epts

eval.uaticn, arrl design arrl interior review. Ms. Valerie Assistants;

OJrld.n arrl Mr. 5arrue.l Tooi, Pesearc:h erd Jl.&rini.sttative MS. D..lrld.n an:! Mr. Tsoi will be resp:nsible for tre organizaticn of data arrl inforneticn, an::l will assist the project team in researdling and o:ofi.rm.1..rr] facts arrl. essential informaticn. They will also te resp::ns.i.bl.e for: cx:x:a:dination of all projectim and administ::tative efforts thro.lgtout this project. ;

·.....

)"

Cc:nnie E. :eolden, Speci§J. Law ~ O:nsul.tant: Mr. lblden, Washingtt:n State Law r...:i.brari$., wto \.te Treasurer, an exception from such regis[ration is available, 2:1d unless certain other

conditions to tran.sfer contained in the Resolution (described hereinbelow) are

satisfied.

For value received. the ALABAMA JUPtCIAL BUILDl~G AUTHORlTY corporation of the State of Alab:lrTI3 (herein called the "Authority"), p:-omises to p:l.y to

STAT£INSURANCEFUND

a pu!Jlic

the

- 8 -

or registtred assili:ns, upon presentation and surrender hereof, in lawful money of the United States of America., solely out of the revenue::; and receipts hereinafter referred to, the pdncip~l s1.1m

or

THR.E.:£ MILLION DOLLARS (S3,000,000}

or $Uch lesser amount as shall have been borrowed from time to time by the Authority and shall remain outstanding and unpaid hereunder, together with interest thereon at the rate of nine and forty· four one-hundredths per cent (9.44%) per annum, calculated on the basis of the actual number of days elapsed over o year of 360 days. Both the principal of and interest on lhis Note shall be payable on , 1991 ;u [~e office of .th~ State Treasurer; provide~, however, that t.he Authoriry m~y prepay all or t~ny pomon or the prmc1pal balonce: hereof !:It any tJme prlor to maturity upon l!.t le.ast two (2) d:r.ys notice to the holder hereof, Both the principal of and the interest on this Note sh:ll bear interest after their respective maturities at the rate borne by this Norr: until paid or until moneys suffidem for payment rhereof have been deposited for th:r.t purpose with the State Treasurer, whichever shall lirst occur. This Note hns been issued by the Authority pursuant to the provisions of Act No. 86-420 enacted sr the Regular Session of the Alabama Legisl:Hure (the "Act") and a resolution of the Authority adopted on May , 1989 {the "Resolution"), for the purpo~e of providing funds for the payment of (i) certain archltectura.l, engineering and consulting services incurred by the Authorhy ln connection with the design and construction of certain judicial facilities, and (ii) a portion of the cost of acquiring the site for said judicial facilities. This Note is issued in antlciparion of the issuance of long-term bonds by the Authority for the permanent financing of rhe said judicial facilities and the principal hereof :~.nd interest hereon ~re payable out of the proceeds from the sale of such long~ term bonds. Payment of the principal of and interest on this Note is secured by:!. nonforeclosable mortgage U:;Jon the renl estate acquired a.nd to be acquired by the Authority in the City of Montgomery, Alabama to serve as the site for the judicial facilities to be constructed by the Authority.

)

The Authority is a public corporation of the State organized under the provisions of the Act and this Note is issued for purposes for which bonds and· notes are authori2.ed to be issued under the provisions of the Act. The covenants and representations herein comained or contajned in the Resolution do not and shall never constitute a personal or pecuniary liability or charge a.gs.inst the general ~redit of the Authority, nor sh.all the State of Alabama in any rnanne.t be liable for p2yment of the principal or the interest on this Note or for the performance of the undertakings of the · Authority contained herein or in the Resolution.

or

It is hereby certifled that all conditions, actions and things required by the Constitution and Ia ws of the State of Alabama to ex.ist, be performed and happen precedent to or in the .issuance of this Note do exist, have been performed and have happened in due ~nd lesal form. Subject to the limitations ZLnd conditions set forth in the Resolution, this Note is transfer;,.ble by the registered owner hereof in pe~son, or by duly aurho1iz:ed anc:ney, only on rhe registry books maintained by the State Treasurer and onlv upon surrender of this Note to the State Treasurer for c:!.ncellation, and upon any su::h transfer ·a new Note of like £enor hereof will be issued to the transferee in exchange therefor. Execution of the authentication :.:ertific~te hereon is essential to the validity hereof and is conclusiv,e of the due issue hereof under the Resolution.

- 9 -

lN WITNESS WttEREOF. the Authority hu caused this Note to ~ ueeuted with the signature or its Chairman. has caused an impression or its corpon.te seal to be hereunto imprinted and hM eaused this Nate to be attested by the signature or its Seeretary, all as of , 1989. ALADAMA JUDICIAL BUILDING AUTHORITY By:-----=----:-~----------

Guy Hunt Chairman

By: --~.......--:--:----=-~~=-----~

G. Robin Swift, Jr. Secretary

[SEAL] CERTIFICATE OF REGISTRATION This Note is registered on the registry book$ oC the Treasurer of the State or Alab:lma in the name of the person or entity shown below. The principal of and interest on the this Note shall be payable only to or upon the order of sueh registered owner.

In Whose Name Re:gistered

Qjte of Registration

Signature of

Slate Trea9urer

i

)

~.

[Form of Authentication Certificate] This note is the 1989 Note autbodzed to be issued by tht\ Alabama Judicial Building Authority pursu:tnt to the: provisions of Act No. 86-420 enac:ed at the 1986 Regular Session of the Legislature of Alabnma and a Resolution duly adopted by the Board of Directors of the Authoiity on May _ _ , 1989.

8y: -----~~--=----~---Authoriud Delegate

Date:~----------------

- 10 -

[F'orm of Assignment]

For \l'illue received,

hereby sell($), nssign{s) and transrer(s) unto the within note and hereby irrevoeablyeonsti tu te(s)and appoint(s) ------------a-t-to -r-ney, with full power of substitution in the premises, to tran.s(erthis n-·:'.' on the books of the within-mentioned Registrar. DATED this _day of - - - - - - ' 19_.

NOTE: The name signed to this assignm~nt must correspond with the name oi the payee written on the face of the within bond in every particular, without :~.lter;ttion, enlargement or change whatsoever.

SECTION 2.4. Exet:ulliw of the 1989

No!c· The 1989 Note

shall be e:tecuted in the nnme

and behalf of the Authority by the Chairman or the Yjce Ch:drman o( the Authority an.d the seal oi the Authority shall be affixed to the 1989 Note and attested by [he Secretary of the Amhorit)'; provided, that either or both of such reQuired signatures

may be facsimiles of the signatures or such

officials, artd a facsimile of the seal of the Authority may be printed or otherwise reproduced on the 1989 Note rather than being manually affixed thereto. The said hcsimile signatures shall bo vaLid jn a.Il respects as if the official whose signature in facsimile is herein provided for had manually signed his or her s.i~nature on the 1989 Note, and the facsimile of the seal of the Authori[y

:rtproduced on the 1989 Note shall be valid in ~11 respects as if the seal of the Authority had itself been manually impressed on each thereof.

SECTION 2 ..5. Au then tic:~ttion of the 1989 NQte. A duly executed authentication certificate (in the form prescribed iri Section 2.3 hereof) of a delegate of the.Authority, as authorized by the

succeeding provisions of this Section, shall be endorsed on. the 1989 Note., whether initially issued

p.ursuant to this Resolution or thereafter issued in

e~change

for or replacement of the originally

issued 1989 Note, and no 1989 Note shall be v4llid or oblig:nory for any purpose unless and until such authentication certificate shnll have been duly executed by .such an authorized delegate. The

execu[ed authenrication certificate of any authorized delega[e thereof endorsed upon any 1989 Note

- 11 -

shall be conclusive evidenee or the due 1il.uthentieation, issuance and deliver)' of such Note pur8'll9.nt to the provisions of the Aot and this Resolution. The Secretary of the Authority h11s designated the following named persons, each

or whom

is a.n employee of the State and is assigned to the Finance Department of the Stnte or the State Treasurer's office, to a.uthentk:llte the 19&9 Note: Naomi Lockh:lrt, Bobbie 1. Kyser, Robert E.

. vJ///Jtl-h'IS

Stabler. Sharon A. Kolb, Charlotte Sims and J. Lamar Harris.

Each

or such

persons is hereby

individua.lty authorized, under the direction of the Sto.te Treasurer, to authenticate tht 1989 Note prior to the delivery thereor to the State Insurance Fund by m:r.nua.lly signing the a.utheruication

eenificato endorsed on the 1989 Note. SECTION 2.6. Rnhtntlon and

Transuur UJ!J,..No.l£,

The State Treasurer shnll be the

~

registrar and transfer agent for the Authority and sha!l keep nt his or her office proper registry and transfer books in which he or she shall note the registration and transfer of the 1989 Note, all in the

-manner and to the extent hereinafter specified. The 1989 Note shall be registered as to both principal and interest, and shall be transferable only on the transfer books of the .Registrar. Subject to [he limhations contained in the last paragraph of this Section :2.6, the Registrar shall note on rhe I 989 Note, when the same is presented to him or her for registration or transier and on the reg is try and tr:tnsfer books, the date of such registrs.tion and the name of the registered owner. Such registration shall conclusively designate the Owner as the sole person to whom or on whose order payment of the pdncipal of and interest on the 198.9

Note may be made. After such registration, no transfer of the 1989 Note shall be valid unless it is presented to the Registra.r with written J'Ower to transfer, properly stamped if reQuired, in form and with guaranty of signature saclsfactory to the Regis"tre.r, with such registration noted thereon by the Registrar. Anything in this Resolution to the contrary notwithst:~ndins. there sh-all not be ·effected, and the Registrar sh~ll not permit, any transfer of the 1989 Note pursuant to the provisions of this

Section 2.6 unless there has been delivered to the Registrar the legal opinion of counsel to the Authority described ln Section 2.3 hereof to the effect that the restrictive legend described in Section

- 12 -

2.3 is no lonaer required or that an exception from registration ctpplies to the tran.s.fer to be

errectoated. SECTION 1..7. Person Dumed Qwner of 1989 Note. The Authority and the Registrar may deem and treat the person in who!!e name the J 91!9 Note is regbtered as the absolute owner thereof

for alt purposes and they shall not be affected by noelce ro the contrary; .and aU payments by nny of them to the person in whose nnmc the 1989 t-Jote is registered shall, to the extent thcreor, f1.1lly

dbcharge and utisfy all liability for the SECTION 2,8.

Hcol~;rrmen t

or

s:~.me.

Mvtll!ted. Lo5t.. Stalen or Destroy£d 1989 &te. lt1 the

eve.nt the 1989 Note is mutilated, lost, stolen or destroyed, the Authority shall execute and deHver a new 1989 Note of like tenor ns that mutilated, lost, stolen

or desrroyed;

provided thnt (a) 1f the

l9Eg Note is mudlated 1 such Note ~hall bfl nut surrendered to the Authority and the Registrar, (b)

.if the 1989 Note is lo~t. stolen or deslroyed, there is first furnished to the Authority :~nd the

Registrar evidence of such loss, theft or destruction satisfactory to eaeh of them, together with indemnity sarisfactory to each of th~m. and (c) nll other reasonable requirements of the Authorhy

are complied with. The Authority may charge the Owner with the expenses of issuing ::~ny such new 1989 Note.

ARTICLE III

SOURCE OF PAYMENT OF THE 198'9 NOTE; SECURITY THE:REFOR SECTION 3. t.

Sourqe

or

PAyment of rhe 198Q Nole.

The 1989 Note, including the

principal thereof and all accrued interest thereon, shall be payable solely out of the proceeds from the sale of bonds or other forms of indebtedness of the Authoriry pursunnt to the Act.

The

Authority hereby asrees to use lts best efforts and to take all reasonable steps to assure that the

Authority's bonds are issued at such. time and in such amount as is necessary and appropriate to provide for the timely payment of the principal of s.nd interest on the 1989 Note. Neither the 1989 Note nor any of the agreements therein or herein contained shall ever constitute nn oblig:nion or

indebtedness of the State of Alabama, nor shall any of them at any time be construed to consrjrute

- 13 -

a ~rsonal Obligation

or any incorporato r

I

orfice.r or member or the Board,

SECflON 3.2.. Sccurfty Cor the 1989 No.te. As security _for the payment or the prineipat of '

and

interest on the J989 Note, the Board hereby authorizes and approves the encutlan and delivery

by the officers of the Authority of that certain Non-Foreclosable Mortgage (;\ copy of whlch $hall

oe at•ached as an exhibit to the minutes of this meeting) pursuant to which the Authority will grant

a. non-foreclosable first morrge.ge upon the real estate described therein to the State

In~urance Fund.

In anticipation to the execution and delivery of such Mortgage, the Bo:ird hereby authorizes and directs the officers

or

the AuthoritY to accept one or more deeds from the Alabama Building

Comrrd!sio n for the purpose of conveying to the Authority the parcels of real estate which have been

BCquired o.nd those which o.re subsequencly acquired for the site or the Judicial Faciiities.

ARTICLE IV CREATION OF FUNDS:

APPLICATION OF PROCEEDS OF.1989 NOTE SECriON eLl. fsyment

l

!

Q( EYpensey

vr hsul!llC£. Out of the proceeds received by the

Authority from the initial Borrowing, the State Treasurer shall deposit in a special account (the ~1989

Note Issuanc.~ Expense Account") of the State Treasury, :tn amount sufficient to pay all expenses of the Authority incurred in connection with the authoriz~'-~ '-

w;

0.

4,iJ

LDw e

......,_.,.-J~~/2-iT. @)'

.

~Tift£ AdsrAAcr

Tiru-

3o

~

VA 311

315' J/1

...."'

__ ..,ru-::e

-~.til

lu

,oi~~5:u!:!i~_.{ic:)(f!'-;{:

I

I

QUALIFICATIONS OF .APPRAISER - PAUL C. cnRWIN, JR. LICENSED BROKER, STATE. ..;F ALABAMA, SINCE 1954 ELECTED REALTOR OF YEAR IN MONTGOMERy

& STATE OF AL IN 1973

MEMBER:

American Society of Appraisers National Association of Realtors

COMMISSIONER:

Served 10 years as member of Real Estate Commission, State of Alabama Served 10 years on Montgomery Board of Zoning Adjustments

PAST PRESIDENT:

Alabama Association of Realtors Montgomery Area Board of Realtors Elected to Hall of Fame of Montgomery Area Bd. of Rea 1tors

DIRECTOR:

National Association of Realtors

PAST Dl RECTOR:

National Association of Licensed Law officials

PRESIDENT

& DEVELOPER:

Warlan Corporation, Vaughn Meadows, 1 nc. Vaughn Road Developers, Inc., Colline Corp.

GOVERNMENTAL AGENCIES:

State of AL, City of Montgomery, County Montgomery, Urban Redevclopment Agency

of

HUD APPRAISALS:

Appraised two of largest urban repewal and redevelopment projects in Montgomery Wester-n Hills\ and Alabama State University projects.

i

1

I

REPRESENTATIVE CLIENTS:

Alabama Power Co. Standard Oil Co., Humble Oil\ & Ref in in g Co., Gulf Oil Corporation, Shell Oil Co., Rebel Oil Co., Atlantic Richfield Oil Co., Hunt Oil Co.,. Tuscaloosa Div. Dan River Mills i Westinghouse Electric Corp. A1a9ama Farm Bureau Federation & Affiliates i University of Alabama Jim Wilson & Associates I Gulf States Paper Corp., Tusca,loosa Union Camp Corp., Savannah, GA I

I

BANKS & S·&L ASSOC.:

\

I

l

Union Bank & Trust Company, First Alabama Bank \ of Montgomery, South Trust Bank, City Federal Savings & Loan, Alabama National Bank, Central I B-ank, C & S Bank, Atlanta, Trust Co. of Georgia, \ Guaranty Savings & Loan, First Southern Savings & Loan Various individuals Alabama Served County Qualified testified Alabama

as

Probate

and

attorneys

Commissioner

in

Montgomery,

in

Montgomery

as expert witness in Federal Courts and in Circuit Court in 23 Counties in

0/...-''1

I

CONTINGENT AND LIMITING CONDITIONS The legal description furnished is assumed to be correct. I assu~e no responsibilit y for matters legal in nature, nor do I render any opinion as to the title, which is assumed to be marketable. The property is appraised as though under responsible ownership. Title

is assumed to be held in fee simple and no were considered.

en~umbrances

liens

or

The sketch in this report is included to assist the reader in visualizing the property, and I ass~me no responsibilit y for it's accuracy. I have made no survey of the property. r.equired to give testimony or appear in court I am not because of having made this appraisal, with reference to the in question, property unless arrangements have been previously made therefor. The distribution of the total valuation in this report between land and improvements applies only under the existing pro~~am of utilization. The separate valuations for land and building must not be used in conjunctiori with any other appraisal and are i~valid if so used.

:

..

I assume that there are no hidden or unapparent conditions of the ~rop~rty, subsoil or structures which would render it more or less valuable. I assume no responsibilit y'for such conditions or for engineering which might be required to discover such factors •

~·

Information, estimates and opinions furnished to 1 me and contained in this report were obtained from 1 sources corisidered reliable and believed to be true and \correct. However, no responsibilit y for accuracy can be assumed by me. ·Neither all nor any part of the contents of this report, or copy thereof, shall be used for any purpose by any but the client without the written consent of the appraiser and/or of the client; nor shall it be conveyed by any including the client to the public through a