ORDINANCE NO.: 2019-002
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 Melba Annette Walker Smith and Joann Walker Carr Reed are the sole property owners and/or have an interest in the property 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 or the property sought to be annexed is not beyond boundary which is equidistant from the respective corporate limits of other incorporated municipalities having overlapping police jurisdiction, 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:
LEGAL DESCRIPTION: A parcel of land in the Southwest quarter of the Northwest quarter section 10. Township 10, Range 2, West, particularly described as follows:
Beginning at the Southwest corner of the Northwest quarter of section 10, Township 10, Range 2, West; thence north 5 yards for a point of beginning; thence East 19 rods; thence North 55 yards; thence East 80 yards; thence Northeast 329 feet; thence west 670 feet; thence South 451 feet to the point of beginning, containing 5.2 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 16th day of September, 2019.