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 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 (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 AVENUE '~ "b, I!O.b' 70.!;1 1:.!.1 53.8 I 'I 04.9 , 'V{· ,. I II • ,p .£ 1' I ./ ., ail I .. ., Q0 PMca.IO -g PMCEL.9 PA9R.0C1E L "2' PA. AC£t.81 '4I III PARCEl. 7 '~" : I - - 4.~3 oiOINT ...... t--4-1'13 olQINT "m'"o' ili.L~I_______j AU.E Y [Go;G' ~'E. ----1 1- 80I.Q0O' - 2C.O' 7,/1S~ .-!j~--~-3' ~ 110 l01'. ~4-n' UJ w ;,., "I.-,' "0 ' f'ARCa. II -"ce"li' -.-N,' '~.".. PARC'E L B 0"' "' 100' 100' ,50-'1 I I .. or-&Q.3""--1 -., 0 PARCEl. 9 "'I I I "' PARCEL 14 N I I "' ~ !OC' \ GO ~0 I I ll'<RCE:L 9 I ~RCE/..9 - 100.4 mRCeL9.02 1'11Rca1z 1- "' 0 -... ,I; , ~ . .. 00 ; "~o-r ~... ~~II ~ "!;'! PARCEL 13 "~' ( I I 1!1-.9'. \.. d> I l ""· ~ ro' f')' ~o· 51.2~' _!9_1.0' WAStiiNGTON_ STREET UliD!D • IRON PIN ~0 ? IRON PIN seT ' 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. - J -