ORDINANCE NO.: 2022-001
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 Town Council of the Town of Berlin, Alabama, (“Town Council”) has received the Petition of Jacob Dye 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 Jacob Dye is the sole property owner 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 a 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: The West half of the northwest Quarter of the Northwest Quarter, less 7 ½ feet off of the West side thereof for a road. Also: The West half of the West Half of the East Half of the Northwest Quarter of the Northwest Quarter, all being in Section 16, Township 10 South, Range 2 West, containing 25 acres, more or less. Subject to rights of ways and easements for public roads and public utility lines and poles.
Less and Except: A tract of land being in the NW ¼ of the NW ¼ of Section 16, Township 10 South, Range 2 West described as commencing at the Southwest corner of said Northwest Quarter of Northwest quarter thence North 570 feet to a point in the center of County Road 728 being the point of the beginning; thence continue North along the center of said road 144 feet; thence South 88 degrees 19’ East along a fence line 311 feet; thence South 88 degrees 11’ East 344.40 feet; thence South 1 degree 58’ West 345.27 feet; thence North 82 degrees 53’ West 155.4 feet; thence South 41 degrees 37’ West 81 feet; thence along a fence line a chord bearing of North 41 degrees 17’ West and a distance of 336.32 feet; thence North 88 degrees 24’ West along a fence and extended to point of beginning 212.05 feet. Being 4 acres, more or less. Less and except road rights of ways and easements.
Also, Less and except all that portion of subject property now known as Lots 1 – 13 of Willow Grove Subdivision recorded in Plat B294A in the Probate Records od Cullman Co, AL.
Also Less and Except Tax parcel #16-05-16-0-0001-005.002 & #16-05-16-0-001-005.003, described as follows; Part of the NW ¼ of the NW ¼, Section 16, T10S, R2W, Cullman Co, Alabama, described as commencing at the Southwest corner of said forty, thence North 570 feet, more or less, to a point in the center of County Road 728 which is due West of a fence line, said point being the true point of beginning; thence South 190 feet; thence east 307 feet, more or less, to a fence; thence Northwest along said fence 212 feet, more or less, to a point marked by a 10” post; thence continue along said fence N88°24’W 212.05 feet to the point of beginning. Less and except the right of way for public road.
LEGAL DESCRIPTION: Lots 6, 7, and 8 of Willow Grove Subdivision recorded in Plat B294A in Probate records of Cullman Co. AL.
All of the above being specifically set forth in a deeds 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 or property sought to be annexed is not beyond a boundary which is equidistant from the respective corporate limits of other incorporated municipalities having overlapping police jurisdiction, 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 21st day of March, 2022.