ORDINANCE NO.: 2023-001 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 Eudon G. and Jane H. Bates, 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 Eudon G. and Jane H. Bates are 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:
PARCEL: 16-02-09-0-001-020.000
LEGAL DESCRIPTION: The Northwest Quarter of the Northeast Quarter of Section 9, Township 10, Range 2 West, Cullman County, Alabama.
Subject to easement to the United States of America as recorded in Deed Book 519 Page 357 in the Office of the Judge of Probate of Cullman County, Alabama.
PARCEL: 16-02-04-0-001-034.002
LEGAL DESCRIPTION: A part of the Southwest Quarter of the Southeast Quarter of Section 4, Township 10, Range 2 West, described as follows:
Commencing at the Southwest corner of the Southwest Quarter of the Southeast Quarter of Section 4, Township 10, Range 2 West; thence N 00 degrees 13’21” E 1,336.59 feet to a point; thence S 38 degrees 40’09”E 95.56 feet to a point; thence S 0 degrees 13’21” W 1,062.63 feet to a point; thence N 77 degrees 06’57”E 1135.77, more or less, to a point on the East line of said forty; thence South along the East line of said forty a distance of 500 feet, more or less, to the Southeast corner of said forty; thence West along the South line of said forty 1320 feet, more or less, back to the point of beginning.
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.