ORDINANCE NO.: 2019-004
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 Ralph G. Laney, Sr., and Janice M. Laney, 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 Ralph G. Laney, Sr., and Janice M. Laney 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:
PARCEL: 16-02-10-0-001-006.000
LEGAL DESCRIPTION: Commence at the Northwest Corner of the Northeast Quarter of the Northwest Quarter, Section 10, Township 10 South, Range 2 West, thence South 2 Degrees 16’26” West 210.01 feet to the point of beginning, thence continue South 2 Degrees 16’26” West 615.10 feet to a point, thence South 88 Degrees 17’59” East 500 feet to a point, thence North 2 Degrees 16’26” East 615.10 feet to a point, thence North 88 Degrees 17’59” West 500 feet to the point of beginning. Containing 7.0 acres, more or less.
Also, a twenty foot right of way described as: Commence t the Northeast Corner of the Northeast Quarter of the Northwest Quarter, Section 10, Township 10 South, Range 2 West, thence South 2 Degrees 16’26” West 210.01 feet to a point; thence South 88 Degrees 17’59” East 20 feet to a point, thence North 2 Degrees 16’26” East 210.01 feet to a point, thence North 88 Degrees 17’59” West 20 feet to the point of beginning.
Said land lying in the Northeast Quarter, Section 10, Township 10 South, Range 2 West, Cullman County, Alabama
And
A parcel of land lying and being in the Northeast Quarter of section 10, Township 10 South, Range 2 West, located in Cullman County, Alabama and more particularly described as follows:
Commencing at the Northeast Corner of the Northeast Quarter of the Northwest Quarter, of Section 10, Township 10 South, Range 2 West; thence S-89° – 30’W a distance of 1010.2 feet to the point of beginning; thence continue S-89° – 30W a distance of 210 feet to a point; thence S-00° – 30’E a distance of 210 feet to a point; thence N-89° – 30’E a distance of 210 feet to a point; thence N-00° – 30’W a distance of 210 feet to the point of beginning. Containing one acre more or less.
ALSO: a thirty foot easement for road and water as shown by a plat attached hereto and made a part hereof, the same as described herein.
And
The West half of the Northeast Quarter of the Northwest Quarter of Section 10, Township 10 South, Range 2 West,
ALSO: a strip 16 feet wide and about 90 yards long more particularly described as; Beginning at the Southwest corner of the Southeast Quarter of the Southwest Quarter of Section 10, Township 10 South, Range 2 West and running North to the public road, being about 1/10th of an acre.
ALSO: one acre more or less more particularly described as; beginning at he point where said strip of land intersects with the public road, thence in a Southwesterly direction 130 feet to a point, thence Southeasterly 365 feet to a point on the South line of the forty, which is 65 feet West of the Southeast corner of said forty; thence continuing Southeasterly into the Northwest Quarter of the Northwest Quarter of said Section 10, Township 10 South, Range 2 West, 180 feet, thence 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.
ADOPTED and APPROVED this the 16th day of September, 2019.