ORDINANCE NO.: 2019-001
AN ORDINANCE ANNEXING TERRITORY INTO THE CORPORATE LIMITS OF THE TOWN OF BERLIN, ALABAMA PURSUANT TO THE PROVISIONS OF 11-42-21, CODE OF ALABAMA 1975
BE IT RESOLVED, by the Town of Berlin, Alabama as follows:
WHEREAS, the City Council of the Town of Berlin, Alabama, (“Town Council”) has received the Petition of Stanley Pendergrass and Debra Pendergrass requesting certain property to be annexed into the Town of Berlin, Alabama (the “Town”), and a true and correct copy of said Petition is attached to this Ordinance; and
WHEREAS, the Town Council finds that Stanley Pendergrass and Debra Pendergrass are the sole property owners sought to be annexed, that no part of the property sought to be annexed lies within the corporate limits of any other municipality or within the police jurisdiction of any other municipality, that said property is contiguous to the present town limits of the Town of Berlin, and that it is in the public interest that said property be annexed to the Town of Berlin, Alabama; and
NOW THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Berlin, Alabama as follows:
Section 1. That pursuant to the provisions of §11-42-21 of the Code of Alabama, 1975, the boundary lines of the Town of Berlin, Alabama be and the same are altered and rearranged so as to include within its present corporate limits the real estate described as follows:
A Part of Unit #11 of Project #5-al-3 U.S. Department of Agriculture Farm Section, Administration recorded in Map Book #1 Cullman County, Alabama. Described as follows: beginning at the Northeast corner of the Southwest quarter of the Northeast Quarter of section 4. Township 10 South, Range 2 West thence south 0°54’50” East 284.95 feet to an existing axle, thence North 78°22’48” West 313.96 feet to an existing axle, thence North 3°18’40” West 217.95 feet to an existing spike, thence North 89°15’30” East 315.60 feet to an existing 2” pipe, back to the point of beginning, containing 1.79 acres more or less. Said land lying in the Southwest Quarter of the Northeast Quarter of section 4, Township 10 South, Range 2 West Cullman County, Alabama.
Commencing at a found 2-inch pipe purported to be the Northeast corner of the Southwest Quarter of the Northwest quarter, Section 4, Township 10 South, Range 2 West, thence South 89°14’41” West, a distance of 315.54 feet to a found Railroad Spike. Thence South 03°18’40” East a distance of 217.80 feet to a found axle and the point of beginning. Thence Continue South 03°18’40” East a distance of 67.18 feet, Thence North 89°14’39” East, a distance of 303.63 feet to a found axle, Thence North 78°24’36” West, a distance of 313.88 feet to the point of beginning. Said lying and being in the S.W. ¼ of the N.E. 1/4 , Section 4, T-10-S, R-2-W, Cullman County, Alabama, and containing 0.23 acres more or less.
All of the above being specifically set forth in a deed hereby attached as Exhibit “A” and as shown on the map attached as Exhibit “B.” The territory is contiguous to said town and not within the corporate limits of another municipality or the police jurisdiction of any other municipality, more particularly described in Exhibit “A” attached hereto and made a part hereof .
Section 2. That the Town of Berlin does hereby annex as a part of its corporate limits the above described tracts or parcels of land.
Section 3. That the Town Clerk shall file a certified copy of the Petition requesting the annexation to the Town of Berlin of the properties described in Exhibit “A” attached hereto and as shown on the map attached as Exhibit “B,” and a certified copy of this Ordinance with the Judge of Probate, Cullman County, Alabama, and also cause a copy of this Ordinance to be posted and/or published as required by law.
Section 4. This Ordinance shall become effective upon its assent and/or adoption and posting or as otherwise required by law.
ADOPTED and APPROVED this the 25th day of February, 2019.