ORDINANCE NO.:2018-001
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 Lynne Lovelady Hardee, Philip C. Hardee, John D. Lovelady, Linda Lovelady, Charles M. Lovelady, Lydia L Haynes, and Darrel E. Haynes 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 Lynne Lovelady Hardee, Philip C. Hardee,
John D. Lovelady, Linda Lovelady, Charles M. Lovelady, Lydia L Haynes, and Darrel E.
Haynes 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, 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: 16-02-09-0-001-048.000
LEGAL DESCRIPTION: The North Half of the Northwest Quarter, the Southwest Quarter of the Northwest Quarter; and the West Half of the Southwest Quarter, all in Section 9, Township 10 South, Range 2 West.
LESS and EXCEPT, the following described property: Commence at a point where the North right of way line of Highway # 278 intersects the East line of the Northwest Quarter of the Southwest Quarter of Section 9, Township 10, Range 2 West; thence in a Westerly direction along the North right of way line of said Highway a distance of 219 feet to the point of beginning of the land herein conveyed; thence 74° right a distance of 434.2 feet; thence 74° left a distance of 434.2 feet; thence 106° left a distance of 217.1 feet; thence 74° left a distance of 217.1 feet; thence 74° right a distance of 217.1 feet to a point on the North right of way line of Highway #278; thence 74° left along the said right of way line a distance of 217.1 feet to the point of beginning.
The above-described less and except lies in the Northwest Quarter of the Southwest Quarter of Section 9, Township 10 South, Range 2 West, containing 3 acres, more or less, in Cullman County, Alabama.
LESS and EXCEPT an Easement for a right of way, recorded in Misc. Book 33, Page 553, Cullman County Records, described as follows: Beginning at the intersection of the North line of the U.S. Highway 278 and the East line of the Northwest Quarter of the Southwest Quarter of Section 9, Township 10 South, Range 2 West; thence 84° West 219 feet, to the point of beginning: thence North 10° West 50 feet; thence South 24° East for a distance of 55 feet, back to the North right of way line of the U.S. Highway 278; thence South 84° for a distance of 12 feet to the point of beginning. Situated, lying and being in Cullman County, Alabama,
LESS and EXCEPT an Easement, recorded In Misc. Book 33, Page 555, Cullman County Records, described as follows: Beginning at the intersection of North R.O.W. line of #278 Highway and the East fine of the Northwest Quarter of the Southwest Quarter of Section 9, Township 10, Range 2; thence North 84° West 436.1 feet; thence North 10° West 167.1 feet to the point of beginning; thence North 84° West 35 feet; thence North 10° West 50 feet; thence South 84° East 35 feet; thence South 10° East 50 feet to the point of beginning containing 00.04 acres, more or less. Situated, lying and being in County of Cullman and the State of Alabama.
LESS and EXCEPT the public highways and roadways trans-versing said property.
Subject to any easements for electricity transmission lines.
All the above-described lands lying, being and situated in Cullman County, Alabama.
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.
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 19th day of November, 2018.