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

264 Pages·2012·19.36 MB·English

State of Alabama
Department of Finance
Legal Division
600 Dexter Avenue, Suite E-3 I 0
Montgomery, AL 36104
Telephone: [phone] Fax: [phone]
www.finance.alabamagov
Robert Bentley Richard H. Cater
Governor
Chief Legal Counsel
David A. Perry
Director of Finance
May 6, 2011
Ms. Melissa Waters
SEIMB 11 Floor
tb
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 A venue 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
[phone]
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;
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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
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Attachment A
-----------------
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WAStiiNGTON_ STREET
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BLOCK SURVEY
MQNTGOMERYkA~
FEB- 1,_ 19118 -
""'"""'d br;
ffiOFESSIONAL ENGIN~a!ING
CONSULTANlS
82.2 S. McDONOUGH ST.
~ONTGOMERY,ALA8AMA
36104
ftlfY l I I Ur i,GE J ~ 09
STATE O:F AlABAMA
COuurY OF MOUTGOHeRY
STA~ORY WARRANTY D~ED
.KNOW ALL MEN BY ~SE I'nESENTS, TllhT:
WHEnEAS, on June 5, 1990, the Probate Court for
Kont~omery county, Alabam~. entere~ a ~inal orde~ of con~emn­
ation in certain proceedings &tyl.c.d "State of Ale.b~ma, etc,,
~. Jesse w. Hempo~ley, et al,," h9arin~ the number 2J754 in
the ~ecorde of ~nid court, wnich eaid order vested in the
Stat.e Bl.l.ilding Colllltlblsion, tor the uae and benefit of the
State of Alabama, !~~ sl~ple absoluto title to that eartain
pa~eel of real property in the city and co~nty o! Montgomo~,
State ot Alabama, de~cribsd herein; and
WHERE~S, said order has now beeome fin~l in that none of
the partie~;: cl.aim:l.ng an interGst in the parcel of t-eal
P"'operly dt:sc,.ibed helc"oin file~ a notice of appeal tQ tho
Circuit Cau~t for Mont<;jomery co~nty 11r:l.th.in the tima pGrio<:l
Cor appeal prescribed in the Alabama Eminent !Jomain Code;
and '·
WIIERl!:llS, th.a state of 1\lilharna, acting by ancl throuqh thG
State Bu!lding Commis~ion, commenood ~aid condGmnation action
in orde~ to acquire ~eal property to~ ~Be as the aite of ~
new State ju~icial ~acillty aa conto~plated in 1ga6 Ala. Act
llo. SG-420, codifie<l as fiD4l-l0-260 ~ ~~ Co<le of Alaballla
~1 and
WHERgAS, it is noceg~ary for the State 2Uilding Commis
a1on of the state of Alabama to OQnvey t:l.tle to said prop~rty
to th~ Alabama Judicial 8Uild1ng AUthority, a pu~lic corpora
tion duly organ:l.zed and validly e~stin9 under the nuthority
of said 19a6 Ala. Act. No. ~G-420;
NOW, THEREFORE, Fon ANI) :m CDNSIDJ::RATION Of one U1.1ndred
and n0/100 DOllars [$loo.Oo] ancl for other valuablo conadior
at.ions tQ the un~ora!9ned state Building Co~isa1on, an
agency of the State of Alabama [rofert-ed to herein a~
"GRANTOR"J, in hand paid by the GRANTEE heroin, the reeeipt
Rlll I l I UP t\Cl uI { 1 u
and sutficiency o£ whi~h aro hereby aeknowloaqed by GRANToR,
the said GRANTOR does by thaso pre~ents QRANT, BARGArN, S~~L
ana CONVE~ unto ~he Alabama Judiolal ~uilding A~thori~y
[referred to herein II$ "GAAllTEI!:R), a publio corporation duly
ox-qanizcd. an.:l validly ox;l.eting under the authority of HBS
Ala, ~ct No. 66-420 ot tho Legislature of the State of
Alaba~a, it& sucoeaeorG and aeaiq~a, tne fol1owilt9' described
real property, toqethor with any and all improvemonte located
th~reon, eit\.lated in the County of Montgoll\ery and. St~te of
Alaba~~. eaia property ~olnq deaiqn~ted by parcel number (lJ)
according to the !:>leek !!lUrvey attached ho;:reto AB :exhibit 1,
to wit:
Pnreel 13
Beginning at tne northwest earner of the
intersection of washington Streot and Hull Street in
the CLty of Montgomery, Al~~ama1 running th~nce
north along tho vest aida or 5outh Hull stro~t 102
feet; thence west parallel, wit.ll Washington StrQ.et
lOO feet; thence aoutll parallel with south Hul.l
street 102 teet to a J>oint on the nort)J. side of
Washin9ton Stroet, Which said point is lOD fGQt vest
o:C thQ point of beqinrting; th~nca cast along thfi'
north aidQ of washington Street 100 feet to the
poi~t of beginning; sa!d property being part of lots
25 and 26 on the north side of Washington street in
what t~.•as formerly lmown as "New PhiladelpnJ.a. n
Beine:~ the same parcel or tre.ot of reul property
dc~crib~d aa !allows aceording to that certain
surv~y, dated Fobruary 2, 19SB, by Douglas o,
S\'l.eehan, Alab~!IIB. ~O<J!etarod Lan.;l sur.rcyor Nul!lher
35'i15, to-wit:
Begin at the northwO$t corner of Hull and Washington
Streets; thence run westerly along tho north s1~e of
W~shinqton Stro~t 101.0 feet; then~e run northerly
101,5 featr thenoe run easterly and parallel to
Washin9ton Stre~t 100,4 feet to a point on the west
si~e of Hull Str~~t; tho~ca run eouth¢rly along tho
east ~j.de of Uull Street lOl.S foot to the poin~ of
b~~1nning, The saLd deGQ~ibed property, being part
ot lots 25 an~ 26 on the north Gide of waehin9tcn
Street in that part Of the City Of Montqomery,
Ala~~ma, known ~nd desi9n~ted aD "Ne~ Philadelphia"
and containin~ 10,221.1 aqUA~8 fest,
This conveyance is made !lubjeet to the> rig"ht of
Molton, Espy & W1lliam9, P.C., to oeoupy tho abov~­
deecribed prgmiaes unt.J.l tho earli~r to oeour of (1)
SepteJDber 1, 19!10, or (ii) lta a¢livery of
possession to the GRANTEE.
cFuorr e nQo (t itch~e pSutraptoes eFsi n1 atnhcoe Dadedpragrct:mG enotf oGt RtAhNeT ESE taitte: oinf
Alabama, O!tice Of the Director, Alabama Statehouse,
1~ south Union Street, Montgomery, Alabama j6130.
- 2 -
11\.PT I I I 0 rm: U~ I I
Reterence is made to §20 of Act. No. 86-420,
codified ae 141-10-279, Coda of Al~ama 1975, ~hich
statQ$ ~~ fellows, to-wit;
~he properties ot the authority and ths income
therefrom, all · lease agreements made by the
authority, all bonds issued by tha authority and th~
income thorofrom and all lien notice~J, mortgages,
aesignmcnts an~ financin9 Btatements filed vitn
respect thereto shall be forever exempt from any and
all taxation in the state."
TO HAVE AND TO HOLD the aforeqrantad premises to the
said GRANTEE, its successors and assigns, FOREVER.
And, to the extent permissible under the Constitution
and lave of the state of Alabama, GRANTOR does covenant with
the said GRANTEE, its successors and assigns, that it is law-
tully sebeC! in te.o llimple ot tho. aforo.mo.nticnoli pr(llllif:!os 1
that tho.y aro. fro.o from all oncumbranceaT that GRANTOR has a
good right to "ell an"' oonvey tho 111amo to tho GRANTEE, its
successors and assigns; and that the GRANTOR will WARRANT and
o~rEND the atoremontiono~ pro.mi~oo to tho 'aid GRANTEE. ita
successors lind assigns, forever, ag-ainst the lawful claims
and demands of all persona except ae hereinabove provl~e~.
IN WITNESS ~01;"1 the STATE BUILOING COMMMISSION of
tho STATE OF ALABAMA has caused this instrument to be
executed in ita behal~ by ita chairman, Guy ~unt, a~ Govornor
of the State of Alabama, and to be atte~te~ by it~ ~ocrotary,
Chll.rlee Rowe, as State Budget of~icer o:t the Oepartrn.,nt o~
Financo of thG State of Alabama, and further to be ~pprovoa
by Guy Runt, as Governor of the state o~ ~ahama, an~ to be
attesteQ by Perry Hand, aa seo~etary of Stato of the State of
Alaba~a, ~day of~
on thia the , 1990.
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