ORDINANCE NO.: 2022-004
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 Town Council of the Town of Berlin, Alabama, (“Town Council”) has received the Petition of Harry and Mary Walker 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 Harry and Mary Walker 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 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: 16-02-04-0-001-009.003
LEGAL DESCRIPTION: A tract or parcel of land containing 1.24 acres of land, more or less, and being a part of said north half of the SW ¼ of the NE ¼ of Section 4, Township 10 South, Range 2 West, Cullman County, Alabama, and being more particularly described as follows: Commence at found 2” pipe marking the northeast corner of said SW ¼ of the NE ¼ of said Section 4 and run South 00°30’51” East and run along the accepted east line a distance 279.67 feet to a found axle; thence South 01°08’32” East, and continue along said east line, a distance of 381.24 feet to a found axle; thence South 88°57’17” West a distance of 809.68 feet to a found 2” pipe, thence N 06°43’13” West a distance of 322.71 feet to a set rebar on the south right of way line of County Road No. 1605; thence North 43°43’52” East, and run along said right-of-way line, a distance of 25.89 feet to a found capped rebar (LS-11845) marking the point of beginning; thence South 06°45’51” East, departing said right-of-way line, a distance of 86.51 feet to a found capped rebar (LS-11845); thence South 79°13’46” East a distance of 316.53 feet to a set rebar; thence North 03°19’37” West a distance of 210.00 feet to a set rebar; thence North 89°09’57” West a distance of 256.00 feet to a set rebar on the east right-of-way line of said County Road No. 1605; thence run South 47°00’56” West a distance of 99.77 feet 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.