Charter-last web update: 02-09-05
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CHARTER1
[HISTORY: Adopted by the Mayor
and Council of the Town of Berlin
12-19-1960. Sections
C7-23, C15-4 and C15-6 amended during codification; see Ch. 1, General Provisions,
Art. III. Other amendments noted where applicable.]
ARTICLE
I
Incorporation
§ C1-1. Incorporation and general powers.
ARTICLE
II
Boundaries
§ C2-1. Described. [Res. 12-19-1960, Sec. 8]
§ C2-2. 1969 annexation. [Res. 7-28-1969]
§ C2-3. 1971 annexation. [Res. 7-23-1971]
§ C2-4. 1980 annexation [Res. 1-21-1980]
§ C2-5. 1982 annexation. [Res. 3-15-1982]
§ C2-5.1. 1989 annexation. [Added 4-24-1989 by Res.
No. 1989-3]
§ C2-5.2. 1989 annexation. [Added 7-10-1989 by Res.
No. 1989-8]
§ C2-6. 1991 annexation. [Added 8-26-1991 by Res. No.
1991-8]
§ C2-7. 1992 annexation. [Added 12-28-1992 by Res. No.
1992-14]
§ C2-8. 1993 annexation. [Added 8-9-1993 by Res. No.
1993-5]
§ C2-9. October 1997 annexation. [Added 10-20-1997 by
Res. No. 1997-16]
§ C2-10. November 1997 annexation. [Added 11-24-1997
by Res. No. 1997-18]
§ C2-11. January 1998 annexation.
[Added 1-26-1998 by Res. No. 1997-21]
§ C2-12. July 1998 annexation. [Added 7-13-1998 by Res.
No. 1998-7]
§ C2-12.1. November 1998 annexation. [Added 11-9-1998
by Res. No. 1998-12]
§ C2-13. April 1999 annexation. [Added 4-26-1999 by
Res. No. 1999-2]
§ C2-14. August 1999 annexation. [Added 8-23-1999 by
Ord. No. 1999-11]
§ C2-15. December 1999
annexation. [Added 12-27-1999 by Res. No. 1999-14]
§ C2-16. April 2000 annexation. [Added 4-24-2000 by
Res. No. 2000.1]
§ C2-17. October 2000 annexation.
[Added 10-9-2000 by Res. No. 2000-7]
§ C2-18. June 2001 annexation.
[Added 6-11-2001 by Res. No. 2001-2]
§ C2-19. March 2004 annexation.
[Added 3-8-2004 by Res. No. 2003-07]
§ C2-20. April 12, 2004, annexation. [Added 4-12-2004
by Res. No. 2004-03]
§ C2-21. April 26, 2004.
[Added 4-26-2004 by Res. No. 2004-06]
ARTICLE
III
The Council
§ C3-1. Number; selection; term. [Res. 12-19-1960, sec.
9]
§ C3-2. Qualifications. [Res. 12-19-1960, sec. 10; amended
10-12-1993 by Res. No. 1992-13]
§ C3-3. Salary. [Res. 12-19-1960, sec. 11]
§ C3-4. Meetings. [Res. 12-19-1960, sec. 12; amended
8-12-1996 by Res. No. 1996-11; 11-4-1996 by Res. No. 1996-15]
§ C3-5. Judgment of members’ qualifications. [Res. 12-19-1960,
sec. 13]
§ C3-6. President of Council. [Res. 12-19-1960, sec.
14; amended 1-22-1968]
§ C3-7. Quorum. [Res. 12-19-1960, sec. 15; amended 1-22-1968]
§ C3-8. Procedure. [Res. 12-19-1960, sec. 16]
§ C3-9. Vacancies. [Res. 12-19-1960, sec. 17] a
§ C3-10. Adoption of ordinances. [Res. 12-19-1960, sec.
18]
§ C3-11. Veto. [Res. 12-19-1960, sec. 19; amended 8-12-1996
by Res. No. 1996-11] e
§ C3-12. Referendum. [Res. 12-19-1960, sec. 20; amended
8-12-1996 by Res. No. 1996-11]
§ C3-13. File of ordinances. [Res. 12-19-1960, sec.
21; amended 8-12-1996 by Res. No. 1996-11]
ARTICLE
IV
The Mayor
§ C4-1. Selection and term. [Res. 12-19-1960, Sec. 22]
§ C4-2. Qualifications. [Res. 12-19-1960, sec. 23; amended
10-12-1992 by Res. No. 1992-12]
§ C4-3. Salary. [Res. 12-19-1960, Sec. 24]
§ C4-4. Powers and duties. [Res. 12-19-1960, Sec. 25]
ARTICLE
V
General Powers
§ C5-1. Enumeration of powers. [Res. 12-19-1960, sec.
26]
§ C5-2. Exercise of powers. [Res. 12-19-1960, sec. 27]
§ C5-3. Enforcement. [Res. 12-19-1960, Sec. 28]
ARTICLE
VI
Registration, Nominations and Elections
§ C6-1. Voters. [Res. 12-19-1960, Sec. 29; amended 3-11-1964,
3-3-1975; 3-1-1982; 11-27-1989 by Res. No. 89-10; 1-29-1990 by Res. No.
90-1]
§ C6-2. Board of Supervisors of Elections. [Res. 12-19-1960,
sec. 30; amended 2-22-1993 by Res. No. 1993-4]
§ C6-3. Removal of members of Board. [Res. 12-19-1960,
sec. 31]
§ C6-4. Duties of Board. [Res. 12-19-1960, sec. 32]
§ C6-5. Notice. [Res. 12-19-1960; sec. 33]
§ C6-6. Registration. [Res. No. 12-19-1960, sec. 34;
amended 6-27-1994 by Res. No. 1994-10]
§ C6-7. Appeals. [Res. 12-19-1960, sec. 35]
§ C6-8. Nominations. [Res. 12-19-1960, sec. 36; amended
3-11-1964; 3-14-1988 by Res. No. 1988-3; 6-27-1994 by Res. No. 1994-10]
§ C6-9. Election of Mayor and Councilmen. [Res. 12-19-1960,
sec. 37; amended 3-14-1988 by Res. No. 1988-3; 3-14-1988 by Res. No. 1988-4]
§ C6-10. Conduct of elections. [Res. 12-19-1960 sec.
38; amended 6-27-1994 by Res. No. 1994-10]
§ C6-10.1. Referendum. [Added 8-24-1992 by Res. No.
1992-10]
§ C6-11. Special elections. [Res. 12-19-1960, sec. 39]
§ C6-12. Vote count [Res. 12-19-1960, sec. 40; amended
6-27-1994 by Res. No. 1994-10]
§ C6-13. Preservation of ballots. [Res. 12-19-1960,
sec. 41]
§ C6-14. Vacancies. [Res. 12-19-1960, sec. 42; amended
11-13-1967; 5-11-1992 by a Res. No. 1992-4; 3-11-1996 by Res. No. 1996-4]
§ C6-15. Women. [Res. 12-19-1960, sec. 43]
§ C6-16. Regulation and control. [Res. 12-19-1960, sec.
44]
§ C6-17. Penalty. [Res. 12-19-1960, sec. 45]
ARTICLE
VII
Finance
§§ C7-1 through C7-3. (Reserved)13
§ C7-4. Fiscal year. [Res. 12-19-1960, sec. 49; amended
8-12-1996 by Res. No. 1996-11]
§ C7-5. Budget. [Res. 12-19-1960, sec. 50; amended
8-12-1996 by Res. No. 1996-11]
§ C7-6. Budget adoption. [Res. 12-19-1960, sec. 51]
§ C7-7. Appropriations. [Res. 12-19-1960, sec. 52]
§ C7-8. Transfer of funds. [Res. 12-19-1960, sec. 53]
§ C7-9. Overexpenditure prohibited. [Res. 12-19-1960,
sec. 54]
§ C7-10. Lapse of appropriations. [Res. 12-19-1960,
sec. 55]
§ C7-11. Checks. [Res. 12-19-1960, sec. 56; amended
1-17-1991 by Res. No. 91-1; 11-23-1992 by Res. No. 1992-16; 10-21-1996 by
Res. No. 1996-4]
§ C7-12. Taxable property. [Res. 12-19-1960, sec. 57]
§ C7-13. Tax levy. [Res. 12-19-1960, sec. 58]
§ C7-14. Notice of tax levy. [Res. 12-19-1960, sec.
59; amended 8-12-1996 by Res. No. 1996-11]
§ C7-15. Overdue taxes; interest. [Res. 12-19-1960,
sec. 60; amended 6-24-1991 by Res. 91-4]
§ C7-16. Sale of tax-delinquent property. [Res. 12-19-1960,
sec. 61; amended 8-12-1996 by Res. No. 1996-11]
§ C7-17. Fees. [Res. 12-19-1960, sec. 62]
§ C7-18. Audit. [Res. 12-19-1960, sec. 63]
§ C7-19. Long-term borrowing. [Res. 12-19-1960, sec.
64]
§ C7-19.1. Sale
of bonds. [Res. 7-2-1982,
sec. 1]
§ C7-20. Short-term borrowing. [Res. 12-19-1960, sec. 65; amended 7-7-1975; 2-16-1981; 11-8-1993 by Res. No. 1993-18; 4-11-1994 by Res. No. 1994-5]
§ C7-21. Payment of indebtedness. [Res. 12-19-1960, sec. 66]
§ C7-22. Previous issues. [Res. 12-19-1960, sec. 67]
§ C7-23. Purchasing and contracts. [Res. 12-19-1960, sec. 68; Amended 3-20-1978; 3-27-1989 by Res. No. 89-4; 3-11-1991 by Res. No. 91-2; 8-12-1996 by Res. No. 1996-11;
7-14-1997 by Res. No.
1997-14; 6-7-1999 by Res.
No. 1999-12]
ARTICLE
VIII
Personnel
§ C8-1. Administrative Director. [Res. 12-19-1960, sec. 69; amended 8-12-1996 by Res. No. 1996-10]
§ C8-2. Town Attorney; legal consultants. [Res. 12-19-1960, sec. 70]
§ C8-3. Authority to employ. [Res. 12-19-1960, sec. 71]
§ C8-4. Merit system. [Res. 12-19-1960, sec. 72]
§ C8-5. Unclassified and classified service. [Res. 12-19-1960, sec. 73]
§ C8-6. Prohibitions; penalties. [Res. 12-19-1960, sec. 74]
§ C8-7. Retirement system. [Res. 12-19-1960, sec. 75]
§ C8-8. Compensation. [Res. 12-19-1960, sec. 76]
§ C8-9. Employee benefit programs. [Res. 12-19-1960, sec. 77]
ARTICLE
IX
Public Ways and Sidewalks
§ C9-1. Definition. [Res. 12-19-1960, sec. 78]
§ C9-2. Control. [Res. 12-19-1960, Sec. 79]
§ C9-3. Powers regarding public ways. [Res. 12-19-1960, Sec. 80]
§ C9-4. Powers regarding sidewalks. [Res. 12-19-1960, sec. 81]
ARTICLE
X
Water and Sewers
§ C10-1. Powers. [Res. 12-19-1960, sec. 82]
§ C10-2. Work in public ways. [Res. 12-19-1960, sec. 83]
§ C10-3. Obstructions. [Res. 12-19-1960, Sec. 84]
§ C10-4. Entering on county public ways. [Res. 12-19-1960, sec. 85]
§ C10-5. Connections. [Res. 12-19-1960, sec. 86]
§ C10-6. Charge for connections. [Res. 12-19-1960, sec. 87]
§ C10-7. Prevention of waste and improper use. [Res. 12-19-1960, sec. 88]
§ C10-8. Private systems. [Res. 12-19-1960, sec. 89]
§ C10-9. Extension of systems. [Res. 12-19-1960, sec. 90]
§ C10-10. Right of entry. [Res. 12-19-1960, sec. 91]
§ C10-11. Pollution of water supply. [Res. 12-19-1960, sec. 92]
§ C10-12. Contracts for water or sewage removal. [Res.
12-19-1960, sec. 93]
§ C10-13. Charges. [Res. 12-19-1960, sec. 94]
ARTICLE
XI
Electric Light and Power
§ C11-1. Powers. [Res. 12-19-1960, sec. 95]
§§ C11-2 through C11-9. (Reserved)14
ARTICLE
XII
Special Assessments
§ C12-1. Power. [Res. 12-19-1960, sec. 96]
§ C12-2. Procedure. [Res. 12-19-1960, sec. 97]
ARTICLE XIII
Town Property
§ C13-1. Acquisition, possession and disposal. [Res. 12-19-1960, Sec. 98]
§ C13-2. Condemnation. [Res. 12-19-1960, sec. 99]
§ C13-3. Town buildings. [Res. 12-19-1960, sec. 100]
§ C13-4. Protection of property. [Res. 12-19-1960, sec. 101]
ARTICLE
XIV
Urban Renewal
§ C14-1. Definitions. [1963, ch. 101, sec. 1]
§ C14-2. Powers. [1963, ch. 101, Sec. 2]
§ C14-3. Establishment of agency. [1963, ch. 101, sec.
3]
§ C14-4. Initiation of project. [1963, ch. 101, sec. 4]
§ C14-5. Preparation and approval of plan. [1963, ch.
101, Sec. 5]
§ C14-6. Disposal of property in area. [1963, ch. 101,
sec. 6]
§ C14-7. Eminent domain. [1963, ch. 101, Sec. 7]
§ C14-8. Encouragement of private enterprise. [1963, ch.
101, Sec. 8]
§ C14-9. General obligation bonds. [1963, ch. 101, sec.
9]
§ C14-10. Revenue bonds. [1963, ch. 101, sec. 10]
ARTICLE
XV
General Provisions
§ C15-1. Oath of office. [Res. 12-19-1960, sec. 102]
§ C15-2. Official bonds. [Res. 12-19-1960, sec. 103; amended 8-12-1996 by Res. No. 1996-11]
§ C15-3. Prior rights and obligations. [Res. 12-19-1960, sec. 104]
§ C15-4. Penalties. [Res. 12-19-1960, sec. 105; amended 3-20-1978; 11-20-1978; 9-28-1992 by Res. No. 1992-11]
§ C15-5. Effect of Charter on existing ordinances. [Res.
12-19-1960, sec. 106]
§ C15-6. Severability. [1963, ch. 101, sec. 11; amended
3-20-1978]
ARTICLE I
Incorporation
§ C1-1. Incorporation and general powers.
The inhabitants of the Town of Berlin, Maryland, residing and included
within the corporate limits of said municipal corporation, as said corporate
limits were heretofore and are hereby established, and as the same may hereafter
be extended, are hereby continued a public body corporate by the name of
"Mayor and Council of Berlin," with all the privileges of a body corporate,
by that name to sue and be sued, to plead and be impleaded in any court
of law or equity, to have and use a common seal and to have perpetual existence
unless this Charter and the corporate existence of the town are forfeited,
released or terminated in the manner prescribed by law.
ARTICLE II
Boundaries
§ C2-1. Described. [Res. 12-19-1960, Sec. 8]
- The courses and distances showing
the corporate limits of the town shall be the same as those heretofore
set forth in Section 9 of Article 24 of the Code of Public Local Laws
of Maryland (1930 Edition), title: "Worcester County," subtitle: "Berlin,"
viz: Beginning at the southeast corner of the Buckingham Cemetery, and
running from thence by and with the south side of the Newport Road, via
the African M. E. Church to the northwest corner of the Major Hill lot,
and thence to the intersection of the Sinepuxent Road with Hudson’s Branch;
thence to the south side of the bridge over Nelson’s Branch on the Taylorville
Road; thence to the south side of the bridge at the intersection of the
St. Martin’s and Whaleyville Roads; thence to the gate of the heirs of
Littleton P. Franklin, on the Libertytown Road; thence to the southwest corner
of H. D. Tingle’s lot on the road running from Buckingham Cemetery to
the D. M. & V. Railroad; thence in an easterly course by and with the
south side of said road and the south line of said cemetery to the beginning.
- On February 7, 1961, the Mayor shall cause the foregoing
outline of said corporate limits to be filed with the following:
- The Clerk of the Circuit Court
for Worcester County.
- The Commissioner of the Land
Office of Maryland.
- The Director of the Department
of Legislative Reference of Maryland.
- All future changes in said corporate
limits, by annexation or otherwise, shall likewise be filed with said
officials or their successors.
§ C2-2. 1969 annexation. [Res. 7-28-1969]
- Described. The following described
lands contiguous to the Town of Berlin lying and being situate in the
Third Election District of Worcester County shall be added to, taken into
and made part of the Town of Berlin: All that certain area of land, together
with the persons residing therein and their property contiguous to and
binding upon the northerly corporate limits of the Town of Berlin and
being more particularly described as follows: beginning for the same at a
cement bounder [one (1) of the corporate monuments] on the westerly edge
of the blacktop on William Street (said point of beginning being north
74 degrees 42 minutes west 3,580 feet from the beginning of the northeasterly
corporate line of the Town of Berlin and shown at the letter "C" on a
plat entitled "Extension of Corporate Limits of Berlin, Maryland, Worcester
County," surveyed by William D. Pitts, Registered Surveyor, on April 2,
1968, with magnetic bearings of 1938), and from said point of beginning
running by and with the present corporate line north 74 degrees 42 minutes
west 142.08 feet; thence running north 26 degrees 17 minutes east 474.25
feet to the south side of old U.S. Route No. 50; thence by and with the
south side of old U.S. No. 50, north 86 degrees 48 minutes east 186.45
feet; thence crossing said old U.S. Route No. 50 north 41 degrees 22 minutes
east 50.95 feet to the north side of said old U.S. Route No. 50 and to
the east corner of the American Legion property; thence by and with the
northeasterly line of said American Legion property, north 19 degrees
10 minutes west 144.9 feet to an iron pipe; thence north 65 degrees 25
minutes east 552.3 feet to the westerly side of Dual Highway leading to
Selbyville and known as U.S. Route 113; thence by and with the westerly
side of said Dual Highway the eleven (11) following courses and distances:
(1) south 12 degrees 47 minutes east, 68.5 feet; (2) thence south 24 degrees
48 minutes west, 116.2 feet to the northwesterly side of old U.S. Route
No. 50; (3) thence across the same south 33 degrees 07 minutes east, 30
feet; (4) thence south 76 degrees 32 minutes east, 67.4 feet; (5) thence
south 12 degrees 47 minutes east, 434.42 feet; (6) thence south 12 degrees
34 minutes east 20.58 feet; (7) thence south 11 degrees 19 minutes east,
100.0 feet; (8) thence south 9 degrees 15 minutes east, 100.0 feet; (9)
thence south 7 degrees 12 minutes east, 100.0 feet; (10) thence south 5
degrees 09 minutes east, 100.0 feet; (11) thence south 3 degrees 48 minutes
east, 69.0 feet to intersect the aforesaid northeasterly corporate line
of the Town of Berlin at a point north 74 degrees 42 minutes west 2,582
feet from its point of origin at the bridge at the north end of Flower
Street; thence by and with said corporate line north 74 degrees 42 minutes
east 998.2 feet to the place of beginning (passing through a corporate
monument "B" on the plat at a distance of 966.02 feet containing and now
laid out for 16.38 acres of land).
- Residents subject to Charter and ordinances.
The persons residing in the area to be annexed and their property shall,
as soon as the annexation has taken effect, be subject to the provisions
of the Charter of the Town of Berlin and all ordinances, resolutions,
rules and regulations of the Town of Berlin, except as hereinafter modified,
and in particular, the conditions and circumstances of annexation applicable
to such persons and their property shall be as follows:
- Police protection. Police services
of the Berlin Police Department shall be extended into the annexed area
immediately upon the effective date of annexation.
- Trash collection. Town trash
collection will be furnished to all residents and property in the annexed
area immediately upon the effective date thereof.
- Water. The annexed area is already
receiving municipal water and no changes in the service will be made.
The same rates will be charged as in all other areas of the town.
- Electrical service. The entire
area to be annexed is presently served by the town’s electric power
system with the exception of the properties of Sunshine Laundry, Cropper
& Brittingham, M. P. Davis and Robert W. T dd. The town plans to
extend its electrical service to those properties subject to agreement
with the Delmarva Power and Light Company and/or approval and authorization
from the Public Service Commission of Maryland.
- Sewer service. Following annexation,
the town plans to extend its sewage line from the present town limits
on Williams Street
to the end of the newly annexed area. The town has previously entered
into an agreement with Sunshine Laundry whereby the latter will pay
a substantial portion of the costs of such water extension. No charges
for the construction of this extension will be levied against any other
property owners and users in the newly annexed area, except that they
will be required to pay the town’s regular hook-up charge and will be
assessed the town’s regular monthly service charge (such charge to
be assessed after hookup). The town will further require that all existing
homes and buildings in the newly annexed area be hooked up to the city
sewage system within one (1) year after the completion of the aforesaid
extension.
- Zoning. The provisions of the
Worcester County Zoning Ordinances as applicable on the day that annexation
became effective shall continue to be applied to the annexed area,
until such time as the Berlin Planning and Zoning Commission includes
such area in its general plan, and the town subsequently enacts a valid
Zoning Ordinance covering this area. Such rezoning will be done only
after public hearings have been held and other statutory zoning requirements
have been met.
- Voting rights. All residents
in the annexed area shall forthwith have the right to vote in all general
and special elections of the Town of Berlin,
subject to the same requirements applicable to all voters in the Town
of Berlin.
- Taxes. All properties, real
and personal, in the annexed area a which are then subject to the payment
of county taxes shall forthwith become subject to the payment of real
and/or personal property taxes, as the case may be, to the Town of Berlin
at the same rate as such properties are taxed in the remainder of the
town. Such taxes will be originally prorated from the date of annexation
to the subsequent July 1 and will be due and payable within 60 days
of annexation. Thereafter, taxes will be billed and payable in the same
manner as they are in the remainder of the town.
§ C2-3. 1971 annexation. [Res. 7-23-1971]
- Described. The following described
lands contiguous to the Town of Berlin lying and being situate in the
Third Election District of Worcester County be and they are hereby added
to, taken into and made part of the Town of Berlin: All that certain area
of land, together with the persons residing therein and their property
contiguous to and binding upon the westerly corporate limits of the Town
of Berlin and being more particularly described as follows: beginning at
a point marked "X" on a plat entitled "Land to be Annexed to the Town of
Berlin, Maryland," surveyed by George A. Chapman Registered Surveyor, on
June 30, 1971, where the present corporate limits of Berlin intersects
the northeast property line of the parcel to be annexed; being also on
the southwest line (rear) of a lot owned by Preston Carey; said lot lying
on the south side of Maryland Route 374 approximately one-half (1/2) mile
west of the Pennsylvania Railroad; thence along the line of Adkins Company
property being also the lines of property owned by said Preston Carey
and Clifford Fields, north 51 degrees 23 minutes west a distance of 150
feet to a concrete monument which marks the north corner of the Adkins
Company property; thence running by and with the lands of Leslie G. Hastings
south 39 degrees 30 minutes west 2,443.28 feet to a stake; thence running
by and with the lands of Fred D. Hodgens and John H. Warren, south 65
degrees 45 a minutes east 1,685.69 feet to a stake which is the corner
of said Adkins Company land, said Warren land and the land of George H.
Parsons; thence by and with said a Parsons’ land north 41 degrees 42 minutes
west 70.0 feet to intersect the present a corporate limits line of the
Town of Berlin; thence by and with the corporate limit line north 02 degrees
04 minutes east 2,433.30 feet to the beginning; containing 50.34 acres
more or less.
- Residents subject to Charter and ordinances.
The persons now residing or to reside in this area to be annexed and their
property be and they are hereby subject to the provisions of the Charter
of the Town of Berlin and all ordinances, resolutions, rules and regulations
of the Town of Berlin, and in particular the conditions and circumstances
applicable to such persons and their property are as follows:
- Police protection. Police services
of the Berlin Police Department shall be extended into the annexed area
immediately on September 7, 1971.
- Trash collection. Town trash
collection will be furnished to all residents and property in the annexed
area immediately on September 7, 1971.
- Water. On September 7, 1971, the town
will extend its waterlines a from the present town limits on Broad
Street to the newly annexed area. No charge
for the construction of this extension will be levied against any property
owners or users in the newly annexed area, except that they will be
required to pay the town’s regular hookup charge and they will be assessed
the town’s regular monthly service charge after hookup. All structures
constructed after the effective date hereof in the newly annexed area
will be required to hook up to the town’s water system.
- Electrical service. On September 7, 1971, the area
to be annexed will be served by the town’s electric power system. The
town plans to extend its electric service to the newly annexed area
from its existing power lines located on Broad
Street.
- Sewer service. On September 7, 1971, the town
will extend its sewer lines from present town limits on Broad
Street to the newly annexed area. No charge
for the construction of this extension will be levied against any property
owners or users in the newly annexed area, except that they will be
required to pay the town’s regular hookup charge and they will be assessed
the town’s regular monthly service charge after hookup. All structures
constructed after September 7, 1971,
in the newly annexed area will be required to hook up to the town’s
sewer system.
- Zoning. The provisions of the
Worcester County Zoning Ordinance as applicable on September 7, 1971,
are hereby deemed to be applicable to the annexed area until such time
as the Berlin Planning and Zoning Commission includes such area in
its general plan, and the Mayor and Council subsequently enacts a valid
zoning ordinance covering this area.
- Voting rights. All residents
in the annexed area shall, on September
7, 1971, have the right to vote in all general and special
elections of the Town of Berlin,
subject to the same requirements applicable to all voters in the Town
of Berlin.
- Taxes. All property in the newly
annexed area shall be, on a September 7, 1971, subject to the payment
of taxes, real and personal, and shall further be subject to a lien
for the nonpayment thereof, in the same manner and at the same rate as
properties now within the existing town limits are subject as of the
effective date of this resolution; such taxes shall be prorated from
the effective date of this resolution to July 1, 1972, and shall become due
and payable within sixty (60) days of annexation. Commencing with the
fiscal year beginning July 1,
1972, all such taxes shall be billed and collected in the
same manner as all other taxes in the Town of Berlin.
§ C2-4. 1980 annexation [Res. 1-21-1980]
- It is hereby proposed and recommended
that the boundaries of the Town of Berlin be changed so as to annex to
and include within said municipality all that certain area of land, together
with the improvements thereto and the persons residing therein, and their
property, contiguous to and adjoining upon the northerly corporate limits
of the Town of Berlin and more particularly described as follows: Beginning
for the same at a point marked "P.O.B." on plats by Loewer & Associates,
Inc., dated November 19, 1979, and titled "Annexation to the Corporate
Town Boundaries of the Town of Berlin, Maryland." P.O.B. also being 67
degrees 15 minutes 00 seconds east, 197.62 feet from the end of the fifth
course and beginning of the sixth course of the description of the survey
dated April 2, 1968, by William Pitts, of the 16.38 acre annex to the
Town of Berlin; thence leaving said point of beginning, referring all courses
to the magnetic meridian for 1968, and running and binding with the westerly
lines of the land of R.W. Todd and Chesapeake Foods, Inc. north 53 degrees
14 minutes 16 seconds west, 557.56 feet to a point and to the northwesterly
corner of plat dated April 15, 1979, by Herman L. Purnell III for the
Chesapeake Foods, Inc., office building area; thence running with the
northerly line of said plat and fence there situate and also crossing the
U.S. Route 113 right-of-way as shown on S.R.C. Plat No. 12926, north 55
degrees 41 minutes 30 seconds east, 978.02 feet to a point and to the
easterly right-of-way line of U.S. Route 113; thence running and binding
with the easterly side of said U.S. Route 113 and U.S. Route 50 and referring
to a plat dated February 6, 1979, by Harold W. Hampshire, titled "Berlin
Nursing Home," the following 9 courses and distances: Beginning at a point
north 08 degrees 46 minutes 45 seconds west, 388.12 feet to a point; thence
north 83 degrees 26 minutes 30 seconds east, 42.00 feet to a point; thence
north 02 degrees 47 minutes 42 seconds west, 360.10 feet to a point; thence
north 18 degrees 42 minutes 31 seconds east, 224.34 feet to a point; thence
36 degrees 02 minutes 54 seconds east, 208.27 feet to a point; thence
north 53 degrees 44 minutes 42 seconds east, 388.12 feet to a point; thence
north 64 degrees 14 minutes 25 seconds east, 171.84 feet to a point; thence
north 87 degrees 23 minutes 21 seconds east, 176.71 feet to a point; thence
south 85 degrees 46 minutes 31 seconds east, 93.40 feet to a point; thence
leaving said right-of-way of said U.S. Route 50 and running and binding
with the easterly side of said Berling Nursing Home property the following
5 courses: Beginning at a point south 21 degrees 51 minutes 00 seconds
east, 178.23 feet to a point; thence south 40 degrees 47 minutes 00 seconds
west, 577.50 feet to a point; thence south 14 degrees 59 minutes 00 seconds
east, 891.66 feet to a point; thence south 59 degrees 54 minutes 00 seconds
west, 255.20 feet to a point; thence south 29 degrees 14 minutes 55 seconds
east, 298.92 feet to an iron pipe found on the northerly right-of-way
line of Maryland Route 346; thence running and binding with the northerly
right-of-way line of Maryland Route 346, south 58 degrees 46 minutes 40
seconds west, 661.05 feet to a point and to the intersection of Maryland
Route 346 and U.S. Route 113; thence running and binding with the easterly
side of said U.S. Route 113, north 60 degrees 18 minutes 42 seconds west,
79.88 feet to a point; thence leaving said easterly right-of-way line of
U.S. Route 113 and running across said U.S. Route 113 south 78 degrees
58 minutes 19 seconds west, 150.00 feet to a point on the westerly right-of-way
line of U.S. Route 113 and also on the northerly boundary line of Berlin
Town limits, as described in the aforesaid description dated April 2,
1968; thence running and binding on the northerly boundary line of aforesaid
existing Berlin Town limits south 67 degrees 15 minutes 00 seconds west,
348.10 feet to the point of beginning; containing 41.21 acres, plus or
minus.
- The annexation of said area is made
subject to the terms and conditions as follow:
- Police protection. Police services
of the Berlin Police Department shall be extended into the annexed area
immediately upon the effective date of annexation.
- Trash collection. Town trash
collection will be furnished to all residents and property in the annexed
area immediately upon the effective date of annexation.
- Water service. The town will
extend its waterlines from the existing line on Ocean
City Boulevard to the newly annexed area
as expeditiously as possible. All structures constructed after the effective
date hereof in the newly annexed area will be required to hook up to
the town’s water system. The same rates will be charged as in all other
areas of the town.
- Sewer service. The town will
extend its sewer lines from the existing line on Ocean
City Boulevard to the newly annexed area
as expeditiously as possible. All structures constructed after the effective
date hereof in the newly annexed area will be required to hook up to
the town’s sewer system. The same rates will be charged as in all other
areas of the town.
- Zoning. The provisions of the
Worcester County Zoning Ordinance are hereby deemed to be applicable
to the annexed area until such time as the Berlin Planning and Zoning
Commission includes such area in its General Plan and the Mayor and
Council subsequently enacts a valid Zoning Ordinance covering this area.
For a period of five (5) years none of the annexed area can be rezoned
to a classification which permits a land use substantially different
from that specified in the current adopted Master Plan of the county
without the express approval of the Worcester County Commissioners.
- Voting rights. All residents
in the annexed area, upon the effective date of annexation, shall have
the right to vote in all general and special elections of the Town of
Berlin, subject to
the same requirements applicable to all voters in the Town of Berlin.
- Taxes. All property in the newly
annexed area shall be upon the a effective date of annexation subject
to the payment of taxes, real and personal, and shall further be subject
to a lien for the nonpayment thereof, in the same manner and at the
same rate as properties now within the existing town limits are subject
as of the effective date of this resolution; such taxes shall be prorated
from the effective date of this resolution to July 1, 1980, and shall
become due and payable within sixty (60) days of annexation. Commencing
with the fiscal year beginning July
1, 1980, all such taxes shall be billed and collected in
the same manner as all other taxes in the Town of Berlin.
§ C2-5. 1982 annexation. [Res. 3-15-1982]
- It is hereby proposed and recommended
that the boundaries of the Town of Berlin be changed so as to annex to
and include within said municipality all that certain area of land, together
with the improvements thereto and the persons residing therein, and their
property, contiguous to and adjoining upon the easterly corporate limits
of the Town of Berlin and more particularly described as follows: Beginning
at a spike set at the northeast corner of the present corporate limit
boundary line of the Town of Berlin, Maryland; said spike set in the center
line of the macadam of Flower Street at its intersection with the center
line of the run of Kitts Branch, said spike being also located north 57
degrees 08 minutes 00 seconds east, 176.05 feet from an iron pipe found
at the southeast corner of land of Berry Jarmon as recorded in the land
records of Worcester County, Maryland, in Liber FWH 377, Folio 267. Thence,
by and with the northeasterly corporate limit line of Berlin north 72 degrees
37 minutes 26 seconds west, 2,585.96 feet to a point on the westerly right-of-way
line of U.S. Route 113 (150 feet wide); said point being also located
south 72 degrees 37 minutes 26 seconds east, 958.74 feet from a former
corporate boundary marker located on the east side of Williams Street; thence,
by and with the westerly right-of-way line of said U.S. 113 (150 feet
wide); as shown on Maryland State Roads Commission Plats numbered 12925
and 12926, the following 6 courses and distances:
- A distance of 498.20 feet with
the arc of a curb to the left having a radius of 2,789.79 feet and
a chord bearing and distance of north 5 degrees 08 minutes 30 seconds
west, 497.55 feet to a point;
- Thence, north 10 degrees 15
minutes 30 seconds west, 439.08 feet to a point;
- Thence, north 73 degrees 59
minutes 40 seconds west, 67.4 feet to a point on the southerly right-of-way
of old U.S. Route 50, now known as Maryland Route 346 (30 feet wide);
- Thence, across said Maryland
Route 346, north 30 degrees 35 minutes 30 seconds west, 30.00 feet to
a point on the northerly right-of-way line of said Maryland Route 346;
- Thence, north 27 degrees 19
minutes 14 seconds east, 116.19 feet to a point;
- Thence, north 10 degrees 15
minutes 30 seconds west, 68.50 feet to a point at the end of line 6
and the beginning of line 7 of the description of the Extension of the
Corporate Limits of Berlin, Maryland, as surveyed by William D. Pitts
on April 2, 1968, and annexed by the Town of Berlin on July 28, 1969;
thence, across U.S. Route 113 and supposed to be by and with reversed lines
19, 18, and 17 of a survey titled "Annexation to the Corporate Town Boundaries
of the Town of Berlin, Maryland, by Loewer and Associates, Inc.," dated
November 19, 1979, the following 3 courses and distances:
- North 81 degrees 18 minutes 55
seconds east, 150.06 feet to a point on the easterly right-of-way of
U.S. Route 113;
- Thence, south 59 degrees 25 minutes
46 seconds east, 79.88 feet to a point on the northerly right-of-way
of Maryland Route 346 (30 feet wide);
- Thence, by and with the northerly
right-of-way of said Maryland Route 346 (30 feet wide), north 59 degrees
24 minutes 30 seconds east, 651.52 feet (given incorrectly by previous
survey as 661.05 feet) to a point located at the southeast corner of
the Berlin Nursing Home property, said point being shown as the end
of Line 16 and the beginning of Line 17 of the aforementioned annexation
plat by Loewer and Associates, Inc., said point being also located at
south 30 degrees 35 minutes 30 seconds east, 1.0 feet from an iron pipe
found on the Nursing Home’s easterly property line;
thence, diagonally across Maryland Route 346 (30 feet wide), south 49 degrees
39 minutes 15 seconds west, 177.25 feet to a point on the southerly right-of-way
line of Maryland Route 346 (30 feet wide) at the northeast corner of Parcel
No. 1 of Case a Edwards Construction Company, Inc., and the northwest corner
of the property of George C. Tyler as recorded in the land records of Worcester
County, Maryland and in Liber FWH 750, Folio 445. Thence, by and with the
land of said Case Edwards Construction Co., Inc., and the westerly and southerly
property line of said George Tyler, the following 2 courses and distances:
- 30 degrees 09 minutes 05 seconds
east, 245.35 feet (passing through a concrete monument at a distance
of 4.54 feet) to a concrete monument found;
- Thence, north 58 degrees 07 minutes
14 seconds east, 100.00 feet to an iron pipe found at the southwest
corner of land of Hickory Health Services, Inc., as referenced in the
Worcester County land records in Liber FWH 721, Folio 151;
thence, by and with the southerly property lines of said Hickory Health
Services, Inc., Dale H. Carey (deed reference FWH 543, Folio 305), and the
Equitable Trust Company (deed reference FWH 746, Folio 527), and the northerly
property line of said Case Edwards Construction Co., Inc., north 61 degrees
08 minutes 07 seconds east, 474.55 feet to the center of Kitts Branch.
Thence, by and with the center of said Kitts Branch the following 11 courses
and distances:
- South 12 degrees 19 minutes 00
seconds east, 1,013.00 feet;
- Thence, south 30 degrees 52 minutes
00 seconds east, 379.00 feet;
- Thence, south 43 degrees 53 minutes
00 seconds east, 260.00 feet;
- Thence, south 30 degrees 29 minutes
00 seconds east 328.00 feet;
- Thence, south 63 degrees 38 minutes
00 seconds east, 56.00 feet;
- Thence, south 82 degrees 30 minutes
00 seconds east, 311.00 feet;
- Thence, south 68 degrees 36 minutes
00 seconds east, 145.00 feet;
- Thence, south 35 degrees 53 minutes
00 seconds east, 50.0 feet;
- Thence, south 2 degrees 52 minutes
00 seconds east, 65.0 feet;
- Thence, south 28 degrees 07 minutes
00 seconds east, 70.0 feet;
- Thence, south 22 degrees 31 minutes
00 seconds east, 122.26 feet to the spike set at the beginning of this
description.
Containing 54.030 acres of land as surveyed by L.E. Bunting, Jr., Registered
Maryland Property Line Surveyor No. 142, and shown on a plat titled "Northeasterly
Extension of the Corporate Limits of Berlin, Maryland," dated January 14,
1982, and intended to be a part of and recorded with this description. Bearings
are magnetic bearings of October 1979.
- The annexation of said area is made
subject to the terms and conditions as follow:
- Police protection. Police services
of the Berlin Police Department shall be extended into the annexed area
immediately upon the effective date of annexation.
- Trash collection. Town trash
collection will be furnished to all residents and property in the annexed
area immediately upon the effective date of annexation.
- Water service. The town will
extend its waterlines from the existing line on Ocean
City Boulevard to the newly annexed area
in accordance with agreements between the town and annexed property owners.
All structures constructed after the effective date hereof in the newly
annexed area will be required to hook up to the town’s water system.
The same rates will be charged as in all other areas of the town.
- Sewer service. The town will
extend its sewer lines from the existing line on Ocean
City Boulevard to the newly annexed area
in accordance with agreements between the town and annexed property owners.
All structures constructed after the effective date hereof in the newly
annexed area will be required to hook up to the town’s sewer system.
The same rates will be charged as in all other areas of the town.
- Zoning. The provisions of the
Worcester County Zoning Ordinance are hereby deemed to be applicable
to the annexed area until such time as the Berlin Planning and Zoning
Commission includes such area in its General Plan and the Mayor and
Council subsequently enact a valid Zoning Ordinance covering this area.
For a period of five (5) years, none of the annexed area can be rezoned
to a classification which permits a land use substantially different
from that specified in the current adopted Master Plan of the county
without the express approval of the Worcester County Commissioners.
- Voting rights. All residents
in the annexed area upon the effective date of annexation shall have
the right to vote in all general and special elections of the Town of
Berlin, subject
to the same requirements applicable to all voters in the Town of Berlin.
- Taxes. All property in the newly
annexed area shall be, upon the effective date of annexation, subject
to the payment of taxes, real and personal, and shall further be subject
to a lien for the nonpayment thereof, in the same manner and at the
same rate as properties now within the existing town limits are subject
as of the effective date of this resolution. Such taxes shall be prorated
from the effective date of this resolution to July 1, 1982, and shall become due and
payable within sixty (60) days of annexation. Commencing with the fiscal
year beginning July 1,
1982, all such taxes shall be billed and collected in the same
manner as all other taxes in the Town of Berlin.
§ C2-5.1. 1989 annexation. [Added 4-24-1989 by Res. No. 1989-3]
- It is hereby proposed and recommended
that the boundaries of the Town of Berlin be changed so as to annex to
and include within said municipality all that certain area of land, together
with the improvements thereto and the persons residing therein and their
property, contiguous to and adjoining upon the easterly corporate limits
of the Town of Berlin and more particularly described as follows: Beginning
at an iron spike at the easternmost corner of the present corporate limit
boundary line of the Town of Berlin, Maryland, said iron spike being in
the center line of the macadam of Flower Street at its intersection with
the center line of the run of Kitts Branch, said iron spike being also
located north 57 degrees 08 minutes 00 seconds east, 176.05 feet from
an iron pipe found at the southeast corner of the land of Berry Jarmon
as recorded in the land records of Worcester County, Maryland, in Liber
F.W.H. 377, Folio 267. Thence by and with the center line of the run of Kitts
Branch, the following seven (7) courses and distances:
- South 48 degrees 97 minutes 30
seconds east, 424.39 feet;
- Thence, south 09 degrees 24
minutes 00 seconds east, 40.70 feet;
- Thence, south 04 degrees 27
minutes 00 seconds west, 85.39 feet;
- Thence, south 10 degrees 51
minutes 00 seconds west, 605.55 feet, to a point in the center line
of the sixty-six-foot right-of-way of the Historic Railroad Inc.;
- Thence, south 12 degrees 36
minutes 00 seconds east, 117.0 feet;
- Thence, south 20 degrees 34
minutes 00 seconds east, 770.50 feet;
- Thence, south 35 degrees 33
minutes 00 seconds east, 80.70 feet to a point on a southerly boundary
line of the land of the Mayor and City Council of Berlin as recorded
in the land records of Worcester County, Maryland, in Liber C.W.N. 6,
Folio 427;
Thence, leaving the run of Kitts Branch and by and with said southerly
boundary line of the Mayor and City Council of Berlin, south 75 degrees
33 minutes 45 seconds west, 265.06 feet to a concrete monument set;
Thence, south 57 degrees 49 minutes 16 seconds east, 214.50 feet to a
concrete monument set at the northwest corner of the property of Eleanor D.
Ayres as recorded in the land records of Worcester County, Maryland, in
Liber B.B. 20, Folio 370;
Thence, by and with the northwesterly property line of Eleanor D. Ayers,
the following three (3) courses and distances:
- South 68 degrees 42 minutes 20
seconds west, 445.50 feet to a concrete monument set;
- Thence, south 08 degrees 34 minutes
00 seconds west, 66.0 feet to a concrete monument set;
- Thence, south 79 degrees 34 minutes
00 seconds west, 330.0 feet to a concrete monument set;
Thence, continuing with the northwesterly property line of said Eleanor
D. Ayers and also a part of the northwesterly property line of Denard Purnell
(Deed Reference F.W.H. 223, Folio 31), south 57 degrees 34 minutes 00 seconds
west, 1434.34 feet (passing through a concrete monument found at the northeast
corner of the Alvin C. Loewer, Jr., property (Deed Reference F.W.H. 652,
Folio 641, at a distance of 689.50 feet) to a point on the present easterly
corporate limit boundary line of Berlin, said point being north 25 degrees
22 minutes 47 seconds east, 157.92 feet from an iron pipe found in a pine
stump on the southerly right-of-way line of Bay Street Extended at a corner
of the existing Berlin Corporate Limit Line;
Thence, by and with the present easterly Berlin Corporate Limit Line, north
25 degrees 22 minutes 47 seconds east, 3476.42 feet to the aforesaid iron
spike in the center line of the macadam of Flower Street and the beginning
of this description.
Containing 53.45 acres of land as surveyed by L.E. Bunting, Jr., registered
Maryland Property Line Surveyor No. 142, and shown on a plat titled "Easterly
Extension of the Corporate Limits of Berlin, Maryland," dated October 6, 1982, and recorded with
the Snow Hill Court House.
- The annexation of said area is made
subject to the terms and conditions as follow:
- Police protection. Police services
of the Berlin Police Department shall be extended into the annexed area
immediately upon the effective date of annexation.
- Trash collection. Town trash
collection will be furnished to all residents and property in the annexed
area immediately upon the effective date of annexation.
- Water service. The town will
extend its waterlines from the existing lines in the vicinity to the
newly annexed area in accordance with agreements between the town and
annexed property owners. All structures constructed after the effective
date hereof in the newly annexed area will be required to hook up to
the town’s water system. The same rates will be charged as in all other
areas of the town.
- Sewer service. The town will
extend its sewer lines from the existing lines in the vicinity to the
newly annexed area in accordance with agreements between the town and
annexed property owners. All structures constructed after the effective
date hereof in the newly annexed area will be required to hook up to
the town’s sewer system. The same rates will be charged as in all other
areas of the town.
- Zoning.2 The provisions
of the Worcester County Zoning Ordinance are hereby deemed to be applicable
to the annexed area until such time as the Berlin Planning and Zoning
Commission includes such area in its General Plan and the Mayor and
Council subsequently enacts a valid Zoning Ordinance covering this area.
For a period of five (5) years, none of the annexed area can be rezoned
to a classification which permits a land use substantially different
from that specified in the current adopted Master Plan of the county
without the express approval of the Worcester County Commissioners.
- Voting rights. All residents
in the annexed area upon the effective date of annexation shall have
the right to vote in all general and special elections of the Town of
Berlin, subject
to the same requirements applicable to all voters in the Town of Berlin.
- Taxes. All property in the newly
annexed area shall be upon the a effective date of annexation, subject
to the payment of taxes, real and personal, and shall further be subject
to a lien for the nonpayment thereof, in the same manner and at the
same rate as properties now within the existing town limits are subject
as of the effective date of this section. Such taxes shall be prorated
from the effective date of this section to July 1, 1989, and shall become due and payable
within sixty (60) days of annexation. Commencing with the fiscal year
beginning July 1, 1989,
all such taxes shall be billed and collected in the same manner as all
other taxes in the Town of Berlin.
§ C2-5.2. 1989 annexation. [Added 7-10-1989 by Res. No. 1989-8]
- It is hereby proposed and recommended
that the boundaries of the Town of Berlin be changed so as to annex to
and include within said municipality all that certain area of land, together
with the improvements thereto and the persons residing therein and their
property, beginning at a point on the northwesterly boundary of the corporate
limit lines of Berlin, Maryland, said point being located north 61 degrees
46 minutes 38 seconds east, 200.32 feet from a found Berlin corporate
monument situated 17.5 feet southerly of the center line of Route 374 and
353.5 feet westerly of a concrete monument at the intersection of the
westerly right-of-way line of Ann Drive with the southerly right-of-way
line of Maryland Route 374, and said beginning point being also a point
on a property line dividing the lands of Dennis E. Smith (Deed Reference
W.C.L. 1339, Folio 320) and the Anchorage Corporation (Deed Reference 619,
Folio 416);
Thence, by and with the property lines of Dennis
E. Smith and the Anchorage Corporation, the following seven (7) courses and
distances:
- North 37 degrees 33 minutes 40
seconds east, 52.31 feet to a point;
- North 52 degrees 26 minutes 20
seconds west, 125.00 feet to a point;
- North 37 degrees 33 minutes 40
seconds east, 200.00 feet to a point; and
Thence, across a 30-foot-wide strip of land of the Anchorage Corporation
that separates the land of said Dennis E. Smith from the land of Thomas
P. Janson (Deed Reference F.W.H. 414, Folio 615), north 37 degrees 33 minutes
40 seconds east, 30.0 feet to intersect the southerly property line of said
Thomas P. Janson at a point;
Thence, by and with the southerly property line of Thomas P. Janson, south
52 degrees 26 minutes 20 seconds east, 251.97 feet to intersect the existing
corporate limit line of Berlin at a point which is located north 61 degrees
46 minutes 38 seconds east, 309.55 feet from the point of beginning of this
description; Thence, by and with the existing corporate limit line of Berlin
and through the land of Thomas P. Janson, north 61 degrees 46 minutes 38
seconds east, 117.09 feet to intersect the westerly side of a 50-foot-wide
access road known as "Prospect Drive" and the easterly property line of
Janson at a point;
Thence, by and with the westerly side of said Prospect Drive and the easterly
property line of Janson, north 37 degrees 33 minutes 40 seconds east, 93.21
feet to a point at the northeast corner of the land of Janson;
Thence, by and with the property lines further dividing the lands of said
Janson and the Anchorage Corporation, the following two (2) courses and
distances:
- North 52 degrees 26 minutes 20
seconds west, 350.00 feet to a point; and
- South 37 degrees 33 minutes 40
seconds west, 230.00 feet to a point on the northerly property line
of land of the aforesaid Dennis E. Smith;
Thence, continuing by and with the property lines dividing the lands of
Dennis E. Smith and the Anchorage Corporation, the following four (4) courses
and distances:
- North 52 degrees 26 minutes 20
seconds west, 100.00 feet to a point;
- South 37 degrees 33 minutes 40
seconds west, 200.00 feet to a point;
- North 52 degrees 26 minutes 20
seconds west, 50.00 feet to a point; and
- South 37 degrees 33 minutes 40
seconds west, 195.54 feet to a point on the northerly line of Maryland
Route 374;
Thence, by and with the northerly right-of-way line of Maryland Route 374,
north 53 degrees 08 minutes 15 seconds west, 100.00 feet to a point at the
southeast corner of lands now or formerly of Harry C. Clifton (Deed Reference
324, Folio 384);
Thence, by and with the property lines of said Harry C. Clifton and the
Anchorage Corporation as aforesaid, the following four (4) courses and
distances:
- North 37 degrees 33 minutes 40
seconds east, 396.76 feet to a point;
- North 52 degrees 26 minutes 20
seconds west, 200.00 feet to a point;
- South 37 degrees 33 minutes 40
seconds east, 200.00 feet to a point; and
- North 52 degrees 26 minutes 20
seconds west, 96.40 feet to a point on the easterly line of land of
Peter E. Richardson (Deed Reference 427, Folio e 532);
Thence, by and with the boundary lines of the land
of Peter E. Richardson, the following
two (2) courses and distances:
- North 42 degrees 25 minutes 35
seconds east, 2043.26 feet to a point;
- North 17 degrees 12 minutes 25
seconds west, 569.05 feet to an iron pipe found at the northerlymost
corner of land of Purnell, Inc. (Deed Reference 276, Folio 36);
Thence, by and with the northerly line of said land of Purnell, Inc., and
the southerly right-of-way line of Maryland Route 346, south 53 degrees 07
minutes 45 seconds east, 1016.71 feet to the northwest corner of land now
or formerly of Francis N. Quillen;
Thence, by and with the property line of said Francis N. Quillen, south
41 degrees 21 minutes 45 seconds west, 235.66 feet to a point in the center
of a large ditch;
Thence, by and with the center of said large ditch and the southerly boundary
lines of the lands now or formerly of Francis N. Quillen, John V. Hudson
(Deed Reference 426, Folio 106), Resella E. Morris (Deed Reference 539,
Folio 119), Mary H. Warren (Deed Reference B.B. 24, Folio 393), Michael P.
Pennington (Deed Reference 223, e Folio 86), Margaret
L. Walker (Deed Reference O.D.C. 50, Folio 206), Harry J. Thimble (Deed
Reference 529, Folio 600) and Lucille Schrader (Deed Reference 253, Folio 282), the following six (6) courses and distances:
- South 34 degrees 36 minutes 30
seconds east, 247.88 feet;
- South 33 degrees 12 minutes 35
seconds east, 256.49 feet;
- South 56 degrees 15 minutes 50
seconds east, 25.49 feet;
- South 88 degrees 07 minutes 45
seconds east, 150.21 feet;
- North 84 degrees 18 minutes 00
seconds east, 178.88 feet; and
- North 76 degrees 37 minutes 40
seconds east, 118.02 feet to a point at the northeasterly corner of
said land of Purnell, Inc;
Thence, by and with said land of Purnell, Inc., south 05 degrees 20 minutes
00 seconds west, 254.59 feet to a point on the aforesaid corporate limit
line of Berlin;
Thence, by and with the existing corporate limit line of Berlin,
south 61 degrees 46 minutes 38 seconds west, 2326.09 feet to the point of
beginning, containing +/-56.714 acres of land as surveyed and described
by L.E. Bunting, Jr. Bearings referred to are magnetic bearings based upon
a Deed F.H.P. 10, Folio 262, dated January 1898.
- The annexation of said area is made
subject to the terms and conditions as follow:
- Police protection. Police services
of the Berlin Police Department shall be extended into the annexed area
immediately upon the effective date of annexation.
- Trash collection. Town trash
collection will be furnished to all residents and property in the annexed
area immediately upon the effective date of annexation.
- Water service. The town will
extend its waterlines from the existing lines in the vicinity to the
newly annexed area in accordance with agreements between the town and
annexed property owners. All structures constructed after the effective
date hereof in the newly annexed area will be required to hook up to
the town’s water system. The same rates will be charged as in all other
areas of the town.
- Sewer service. The town will
extend its sewer lines from the existing lines in the vicinity to the
newly annexed area in accordance with agreements between the town and
annexed property owners. All structures constructed after the effective
date hereof in the newly annexed area will be required to hook up to
the town’s sewer system. The same rates will be charged as in all other
areas of the town.
- Zoning.3 The provisions
of the Worcester County Zoning Ordinance are hereby deemed to be applicable
to the annexed area until such time as the Berlin Planning and Zoning
Commission includes such area in its General Plan and the Mayor and
Council subsequently enacts a valid Zoning Ordinance covering this area.
For a period of five (5) years, none of the annexed area can be rezoned
to a classification which permits a land use substantially different
from that specified in the current adopted Master Plan of the county
without the express approval of the Worcester County Commissioners.
- Voting rights. All residents
in the annexed area upon the effective date of annexation shall have
the right to vote in all general and special elections of the Town of
Berlin, subject
to the same requirements applicable to all voters in the Town of Berlin.
- Taxes. All property in the newly
annexed area shall be upon the a effective date of annexation, subject
to the payment of taxes, real and personal, and shall further be subject
to a lien for the nonpayment thereof, in the same manner and at the
same rate as properties now within the existing town limits are subject
as of the effective date of this section. Such taxes shall be prorated
from the effective date of this section to July 1, 1989, and shall become due and payable
within sixty (60) days of annexation. Commencing with the fiscal year
beginning July 1, 1989,
all such taxes shall be billed and collected in the same manner as all
other taxes in the Town of Berlin.
§ C2-6. 1991 annexation. [Added 8-26-1991 by Res. No. 1991-8]
- It is hereby proposed and recommended
that the boundaries of the Town of Berlin be changed so as to annex and
include within said municipality all that certain area of land, together
with the improvements thereto and the persons residing therein, and their
property, contiguous to and adjoining upon the southwesterly corporate
limits of the Town of Berlin and more particularly described as follows:
Beginning at a concrete monument set as a corporate boundary marker at
the southerly end of West Street on the south side of the road known as
e "Buckingham Lane," said beginning monument set 17.5 feet south of the
center line of Buckingham Lane and 342.46 feet easterly from the center
line of the former Pennsylvania Railroad; thence by and with the present
Buckingham Lane and e through the property of Earl F. Taylor (Deed Reference
F.W.H. 381/515) and a part a of the property of Glen and Maria Schlick
(Deed Reference 1507/285), north 00 degrees 44 minutes east, 564.44 feet
to a point on the westerly 60-foot-wide right-of-way line of the former
Pennsylvania Railroad; thence by and with the westerly line of the 60-foot-wide
railroad right-of-way, south 41 degrees 59 minutes west, 409.96 feet to
a point on the southerly side of Buckingham Lane and 17.5 feet from its
center line; thence by and with the southerly side of Buckingham Lane
and 17.5 feet from its center line, south 45 degrees 48 minutes east, 372.46
feet to the monument at the beginning.
Containing 1.751 acres of land and being a
part of the aforementioned properties of Glen and Maria Schlick (Deed Reference
1507/285) and Earl F. Taylor (Deed a Reference F.W.H. 381/515) and also
a small part of Buckingham Lane
and the railroad right-of-way.
- The annexation of said area is made
subject to the terms and conditions as follows:
- Police protection. Police services
of the Berlin Police Department shall be extended into the annexed area
immediately upon the effective date of annexation.
- Trash collection. Town trash
collection will be furnished to all residents and property in the annexed
area immediately upon the effective date of annexation.
- Water service. The annexed area
is already receiving municipal a water service, and no changes in the
service will be made. The same rates will be charged as in all other
areas of the town.
- Electrical service. The annexed
area is already receiving municipal electric service, and no changes
in the service will be made. The same rates will be charged as in all
other areas of the town.
- Wastewater service. The annexed
area is already receiving a municipal wastewater service, and no changes
in the service will be made. The same rates will be charged as in all
other areas of the town.
- Zoning. The provisions of the
Worcester County Zoning Ordinance are hereby deemed to be applicable
to the annexed area until such time as the Berlin Planning and Zoning
Commission includes such area in its General Plan and the Mayor and
Council subsequently enact a valid Zoning Ordinance covering this area.
For a period of five (5) years, none of the annexed area can be rezoned
to a classification which permits a land use substantially different
from that specified in the current adopted Master Plan of the county
without the express approval of the Worcester County Commissioners.
- Voting rights. All residents
in the annexed area, upon the effective date of annexation, shall have
the right to vote in all general and special elections of the Town of
Berlin, subject to
the same requirements applicable to all voters in the Town of Berlin.
- Property taxes. All property
in the newly annexed area shall be, upon the effective date of annexation,
subject to the payment of taxes, real and personal, and shall further
be subject to a lien for the nonpayment thereof, in the same manner
and at the same rate as properties now within the existing town limits
are subject as of the effective date of this resolution. Such taxes shall
be prorated from the effective date of this resolution to July 1, 1992, and shall become due
and payable within sixty (60) days of annexation. Commencing with the
fiscal year beginning July 1,
1992, all such taxes shall be billed and collected in the
same manner as all other taxes in the Town of Berlin.
§ C2-7. 1992 annexation. [Added 12-28-1992 by Res. No. 1992-14]
- It is hereby proposed and recommended
that the boundaries of the Town of Berlin be changed so as to annex to
and include within said municipality all that certain area of land, together
with the improvements thereto and the persons residing therein, and their
property, contiguous to and adjoining upon the easterly corporate limits
of the Town of Berlin and more particularly described as follows: Beginning
at a point located on the southerly side of Maryland Route 346, 627 feet
northeasterly from the center line of U.S. Route 113 at or near the northwesterly
corner of land now or formerly of George C. Tyler known as Parcel No.
448 of y a Worcester County Tax Map No. 25 and as recorded among the land
records of a Worcester County in Liber 750, folio
445; said beginning point being also an existing corner
of the Corporate Limits of Berlin, Maryland, and described as the end
of the 11th line of the 1982 Annexation Resolution No. 3-15-1982;
Thence, by and with the 12th line, 13th line
and part of the 14th line of the aforesaid 1982 Annexation description the
following description the following (3) courses and distances:
- South 30 degrees 09 minutes 05
seconds east, 245.28 feet (passing through a concrete monument at a
distance of 4.54 feet) to a found concrete monument;
- North 58 degrees 11 minutes 14
seconds east, 100.14 feet to a large iron pipe found at the southwest
corner of land of Hickory Health Services, Inc.; and
- North 61 degrees 05 minutes 26
seconds east, 128.14 feet to a large iron pipe found at the southeast
corner of land of Hickory Health Services, Inc.;
Thence, by and with the easterly line of land
of the aforesaid Hickory Health Services, Inc., North 29 degrees 55 minutes
00 seconds west 241.11 feet to an iron pipe 21 feet southerly from the physical
center line of Maryland Route 346;
Thence, diagonally across Maryland Route 346,
North 87 degrees 10 minutes 22 seconds west 65.11 feet to a point on the
northerly side of Maryland Route 346; said point being the beginning of
the 11th line of the aforesaid 1982 Annexation description;
Thence, by and with the 11th line of the said
1982 Annexation description, South 49 degrees 39 minutes 15 seconds west,
177.38 feet to the point of beginning.
Containing 1.360 acres of land as described
by me, L. E. Bunting, Jr., Registered Maryland Property Line Surveyor No.
142, on October 21, 1992.
- The annexation of said area is made
subject to the terms and conditions as follow:
- Police protection. Police services
of the Berlin Police Department shall be extended into the annexed area
immediately upon the effective date of annexation.
- Trash collection. Town trash
collection will be furnished to all residents and property in the annexed
area immediately upon the effective date of annexation.
- Water service. The town will
extend its water system from Route 346 along the proposed new street
to the shopping center as expeditiously as possible. The town will at
its expense extend water laterals to the property line of Mr. and Mrs.
Donald Price and install the water meter. The property owners will
be responsible for the extension of the water lateral from the property line
to the dwelling. Any connections requested by the property owner other
than the ordinary, will require reimbursement to the town for all costs
above the normal costs to extend the service. Payment of the normal
water hookup fees of one thousand one a hundred dollars ($1,100.) for
single-family dwellings will be required. The newly annexed property
will pay for water service at the same rate as all other customers in
the Town of Berlin.
- Electrical service. The town
plans to extend its electric service to all those properties presently
being served by others subject to agreement with the Delmarva Power
and Light Company and/or approval and authorization from the Public
Service Commission of the State of Maryland.
- Wastewater service. The town
will extend its wastewater a collection system from Route 346 along
the proposed new street to the shopping center as expeditiously as possible.
The town will at its expense extend wastewater laterals to the property
line of Mr. and Mrs. Donald Price. The property owners will be responsible
for the extension of the wastewater lateral from the property line
to the dwelling. Any connections requested by the property owner other
than the ordinary will require reimbursement to the town for all costs
above the normal costs to extend the service. Payment of the normal
wastewater hookup fees of one a thousand seven hundred sixty dollars
($1,760.) for single-family dwelling will be required. The newly-annexed
property will pay for wastewater service at the same rate as all other
customers in the Town of Berlin.
- Zoning.4 The provisions
of the Berlin Zoning Ordinance are hereby deemed to be applicable to
the annexed area. The annexed area shall be classified as B-2, subject
to the approval of the Berlin Planning Commission.
- Voting rights. All residents
in the annexed area, upon the effective date of annexation, shall have
the right to vote in all general and special elections of the Town of
Berlin, subject to
the same requirements applicable to all voters in the Town of Berlin.
- Property taxes. All property
in the newly annexed area shall be upon the effective date of annexation
subject to the payment of taxes, real and personal, and shall further
be subject to a lien for the nonpayment thereof, in the same manner
and at the same rate as properties now within the existing town limits
are subject as of the effective date of this resolution; such taxes shall
be prorated from July 1, 1992, to July 1, 1993, and shall become due
and payable within sixty (60) days of annexation. Commencing with the fiscal
year beginning July 1,
1993, all such taxes shall be billed and collected in the same
manner as all other taxes in the Town of Berlin.
§ C2-8. 1993 annexation. [Added 8-9-1993 by Res. No. 1993-5]
- It is hereby proposed and recommended
that the boundaries of the Town of Berlin be changed so as to annex to
and include within said municipality all that certain area of land, together
with the improvements thereto, that is contiguous to and adjoining upon
the easterly corporate limits of the Town of Berlin, southerly of Maryland
Route 376, which includes lands of the Mayor and Council of Berlin, the
Wastewater Treatment Plant property and the right-of-way of Bottle Branch
Road, and more particularly described as follows: Beginning at an iron
pipe located on the southerly right-of-way line of Maryland Route 376
just easterly of Hudson’s Branch; said iron pipe being a corporate limit
marker of the Town of Berlin, Maryland, and also the northwest corner of
a public road known as Bottle Branch Road which leads to the Berlin Wastewater
Treatment Plant;
Thence, by and with the southerly right-of-way
of Maryland Route 376, South 58 degrees 10’ 21" East, 44.35 feet to an iron
pipe at the northeast corner of Bottle Branch
Road;
Thence, by and with the easterly right-of-way
lines of Bottle Branch Road as shown on a plat titled "Plat of Survey Showing
Right-of-way of Berlin Treatment Plant Road" dated 4/4/1988, the following
four (4) courses and distances:
- South 06 degrees 34’ 34" West,
194.10 feet to an iron pipe; and
- South 02 degrees 33’ 55" West,
647.36 feet to a monument; and
- South 00 degrees 27’ 28" East,
692.87 feet to a monument; and
- South 00 degrees 56’ 05" East,
282.00 feet to a point of curvature of a 30 foot radius cul-de-sac;
Thence, leaving the right-of-way of Bottle Branch Road, South 59 degrees
29’ 30" East, 30.66 feet to intersect a northwesterly boundary line of the
Berlin Treatment Plant property at a point;
Thence, by and with the boundary lines of the Berlin Treatment Plant the
following six (6) courses and distances:
- North 30 degrees 30’ 30" East,
122.13 feet to a concrete monument; and
- South 87 degrees 58’ 35" East,
218.92 feet to a concrete monument at the northeast corner of the Treatment
Plant; and
- South 01 degree 41’ 00" West,
391.53 to a point; and
- South 59 degrees 26’ 07" West,
92.83 feet to a point; and
- North 69 degrees 03’ 53" West,
99 feet to a point; and
- South 88 degrees 06’ 07" West,
128.72 feet to a point;
Thence, crossing over Hudson’s
Branch, South 17 degrees 47’ 01" West, 58.13 feet to a concrete monument
found;
Thence along the westerly side of Hudson’s
Branch, the following two (2) courses and distances:
- North 33 degrees 02’ 19" West,
155.27 feet to a concrete monument found; and
- North 10 degrees 51’ 25" West,
153.17 feet to intersect a boundary line of the lands of Robert W. Phillips,
et al, known as Decatur Farm
Thence, by and with the lands of Phillips, North 87 degrees 46’ 10" East,
16.30 feet to the center of Hudson’s
Branch;
Thence, by and with the sewerly side of lands of the Mayor and Council
of Berlin as referenced in the land records of Worcester County in Liber
229/426, the following seven (7) courses and distances:
- Northerly, +/- 814 feet by and
with the center of Hudson’s
Branch to the lands of Eva and Linton Robbins (Deed Ref. Liber 99/592);
and
- North 89 degrees 17’ 32" East,
111.26 feet to intersect the westerly right-of-way of the aforesaid
Bottle Branch Road;
and
- By and with the said westerly
right-of-way, North 00 degrees 27’ 42" West, 331.60 feet to a point;
and
- South 89 degrees 17’ 32" West,
88.42 feet to the center of Hudson’s
Branch; and
- Northerly, +/- 633 feet by and
with the center line of Hudson’s Branch to intersect an easterly extension
of the southerly line of lands of Viola Pitts (Deed Ref. Liber 709/65);
and
- Leaving the center of Hudson’s
Branch, North 71 degrees 01’ 28" West +/- 10.9 feet to the southeast
corner of the lands of Viola Pitts; and
- By and with the easterly line
of said land of Viola
Pitts and the easterly line of the former
Lot 2 of land
of Harold R. Eckman, North
12 degrees 12’ 50" East, 254.21 feet to the point of beginning at Maryland
Route 376.
Containing +/- 8.262 acres of land within this description as surveyed
and shown on a plat by L.E. Bunting Surveys, Inc. titled "Annexation Survey
of Berlin Treatment Plant Area, Third Election District, Worcester
County, Maryland, dated 2/8/1993."
- The annexation of said area is made
subject to the terms and conditions for extension of municipal services
as the Mayor and Council may deem necessary and proper or as governed
by town policy or regulations for service to all properties owned by the
Mayor and Council of the Town of Berlin.
§ C2-9. October 1997 annexation. [Added
10-20-1997 by Res. No. 1997-16]
- It is hereby proposed and recommended
that the boundaries of the Town of Berlin be changed so as to annex and
to include within said municipality all that certain area of land, together
with the improvements thereto and the persons residing therein, and their
property, contiguous to and adjoining upon the northeasterly corporate
limits of the Town of Berlin and more particularly described as follows:
Beginning for the outlines of same at a point
on the divisional line between the lands of Salvatore’s Restaurants, Inc.
as described in a deed recorded among the land records of Worcester County,
Maryland, in Liber RHO 1906, Folio 489 and the lands of Boggs Disharoon
Post 123, American Legion as described in a deed recorded in the Land Records
of Worcester County, Maryland, in Liber FWH132, Folio 246, said point lying
146. 13 feet on a bearing of North 19 degrees 44 minutes 01 second West
from an iron pipe on the southerly terminus of said divisional line, said
point lying also on the northerly most right-of-way line of Maryland Route
346;
Thence, from said beginning point, by and with
the existing corporate limit line North 65 degrees 40 minutes 53 seconds
East, a distance of 192.64 feet to a point, said point being marked by a
concrete post;
Thence by and with the easterly most line of
the lands now or formerly of Hudson Foods, Inc., South 30 degrees 32 minutes
12 seconds West, a distance of 103.93 feet to a point, said point being
marked by an iron pipe and lying also on the Northeasterly most line of
the lands now or formerly of Katherine E. Birch as described in a deed recorded
among the Land Records of Worcester County, Maryland, in liber BB 15, Folio
353;
Thence by and with the northeasterly lines
of the lands Katherine E. Birch and Boggs Disharoon Post 123, American Legion,
South 55 degrees 25 minutes 00 seconds East, a distance of 203.17 feet
to a point, said point being marked by a concrete post;
Thence continuing by and with the northeasterly
most line of Boggs Disharoon Post 123, American Legion, South 19 degrees
44 minutes 01 second East, a distance of 105.85 feet to the point of beginning.
Said parcel of land containing 0.945 acres
of land, more or less, and being a part of the lands of Salvatore’s Restaurants,
Inc. as described in the above referenced deed.
- Upon the effective date of annexation,
all of the provisions of the Charter of the Town of Berlin
and all ordinances, resolution, rules and regulations of the Town of
Berlin in effect on said date
shall apply to all persons residing in the area to be annexed and all
properties in the area to be annexed except as herein modified.
- The annexation of said area is made
subject to the terms and conditions as follows:
- Police protection. Police services
of the Berlin Police Department shall be extended into the annexed area
immediately upon the effective date of annexation.
- Trash collection. Town trash
collection will be furnished to all residents and property in the annexed
area immediately upon the effective date of annexation.
- Water service. The annexed area
is already receiving municipal a water service and the same rates will
be charged conducive to development.
- Electrical service. The annexed
area is already receiving municipal electric service, and the same rates
will be charged conducive with development as in other areas of the
town.
- Wastewater service. The annexed
area is area receiving municipal a wastewater service, and the same
rates will be charged conducive to development as in other others of
the town.
- Zoning. The annexed area shall
be zoned B-2 under the Berlin Zoning Ordinance with the express consent
of the Worcester County Commissioners.
- Voting rights. All residents
in the annexed area, upon the effective date of annexation, shall have
the right to vote in all general and special elections of the Town of
Berlin, subject to
the same requirements applicable to all voters in the Town of Berlin.
- Property taxes. All property
in the newly annexed area shall be, upon the effective date of annexation,
subject to the payment of taxes, real and personal, and shall further
be subject to a lien for the nonpayment thereof, in the same manner
and at the same rate as properties now within the existing town limits
area subject as of the effective date of this resolution; such taxes
shall be prorated from the effective date of this resolution to July 1,
1998, and shall become due and payable within 60 days of annexation.
Commencing with the fiscal year beginning July 1, 1998, all such taxes shall be billed
and collected in the same manner as all other taxes in the Town of
Berlin.
§ C2-10. November 1997 annexation. [Added
11-24-1997 by Res. No. 1997-18]
- It is hereby proposed and recommended
that the boundaries of the Town of Berlin be changed so as to annex to
and include within said municipality all that certain area of land, together
with the improvements thereto and the persons residing therein, and their
property, contiguous to and adjoining upon the easterly corporate limits
of the Town of Berlin and more particularly described as follows:
The descriptions of a tract of land proposed
to be annexed into the corporate limits of Berlin, Maryland, adjoining the
easterly boundary lines of the municipal limits of Berlin, Maryland, and
situated on the southerly side of Maryland Route 346 westerly of Kitts Branch;
said tract of land being shown on the Worcester County Tax Map No. 25 as
Parcel No. 93, land of the Equitable Trust Co., Trustee (Deed a Ref: Liber
746, folio 527).
Beginning for this description at a point located
on the southerly side of Maryland Route 346 +/- 21 feet southerly of its
physical center line and +974 feet northeasterly from the center line intersection
of U.S. Route 113 with Maryland Route 346; said point being the northeasterly
corner of land now or formerly of Dale H. Carey and wife (Deed Ref: Liber
543/305) known as Parcel No. 232 of Worcester a County
Tax Map No. 25; said beginning point being also located N60 56’36"E. a 116.69
feet from an iron pipe at the northeast corner of land of Mary Allessie
(Deed Ref: Liber 1697/64) known as Parcel No. 92 of Worcester County Tax
Map No. 25 and an existing corner of the corporate limits of Berlin, Maryland
and described as the end of the 4th (N29 55’00"W, 241.11 feet) line of the
1992 annexation added 12-28-1992 by Resolution No. 1992-14;
Thence, by and with the southerly side of Maryland
Route 346 +/- 21 feet from its physical center line, and by and with lands
of The Equitable Trust Company (Deed Ref: Liber 746/527) shown as Parcel
No. 93 on Tax Map 25 the following (2) courses a and distances:
- N65°05’00"E, 125.00 feet to a
point; and
- N68°21’00"E, 181.50 feet to a
point near the center of Kitts Branch at the northeast corner of the
aforesaid land of The Equitable Trust Company, Trustee;
Thence, by and with the easterly line of said
land of The Equitable Trust Co. and by and with Kitts Branch, S10°14’38"E,
221.67 feet to a point at the existing corporate limits of Berlin, Maryland;
Thence, by and with the existing corporate
limits of Berlin, Maryland,
S61°08’07"W, 229.55 feet to a point at the southeast corner of the aforesaid
lands of Dale H. Carey and wife;
Thence, by and with the lands of Dale H. Carey
and wife, N29°55’00"W, 241.50 feet to the beginning.
Containing +1.41 acres of land as surveyed
and described by me, L.E. Bunting, Jr., Registered Maryland Property Line
Surveyor No. 142 in September 1997. The courses described are magnetic bearings,
October 1979, and same as used in 1992 annexation resolution.
- Upon the effective date of annexation,
all of the provisions of the Charter of the Town of Berlin
and all ordinances, resolutions, rules and regulations of the Town of
Berlin in effect on said date
shall apply to all persons residing in the area to be annexed and all
properties in the area to be annexed except as herein modified.
- The annexation of said area is made
subject to the terms and conditions as follow:
- Police protection. Police services
of the Berlin Police Department shall be extended into the annexed area
immediately upon the effective date of annexation.
- Trash collection. Town trash
collection will be furnished to all residents and property in the annexed
area immediately upon the effective date of annexation.
- Water service. Since the town
currently has water service available to the property there will be
no requirement for additional expenditures to provide water service.
The property owner will pay the normal in-town rate for water service
and be responsible for the extension of the water lateral from the property
line to any structure erected on the property. Any connections requested
by the property owner, other than the ordinary to serve a single-family
dwelling, will meet all town standards and require reimbursement to
the town for all costs above the normal costs to extend the service.
The town will waive the hook-up fee equivalent to one residential service
at the rate then in effect at the time of a request for service.
- Electrical service. Upon receiving
final approval of a legal annexation of property into Berlin’s
town limits, Berlin will
petition the Maryland Public Service Commission (MPSC) for approval
to provide electric service, in accordance with its approved tariff,
to all future electric customers locating within its legally annexed
boundaries. Upon receiving such approval from the MPSC it is expected
that the Berlin Electric Department would supply power to new customers
within 30 to 60 days. The Berlin Electric Department, upon receiving
a written request for electric service, from a customer, or group of
customers, who is/are currently receiving electric service from the Delmarva
Power and Light Company, will consider and respond to the request for
transfer of service within 90 days. Transfer of an existing customer,
or a group of customers, into Berlin’s
electric system will be subject to final review and approval of the MPSC.
Each customer, or group of customers, request will be considered as
a separate, negotiated agreement. Each request’s approval will be based
upon the Berlin Electric Departments economic and budgetary constraints.
All request’s will be considered on a first-come-first-served basis.
No time limit will be placed upon the request for transfer into the Berlin
Electric System. Berlin’s
expected method of funding to extend electric service into the annexed
area is to be locally funded. Any request for future bonding or any
outside source of funding is anticipated to be funded by a revenue producing
bond.
- Wastewater service. Since the
town currently has wastewater a service available to the property there
will be no requirement for additional expenditures to provide wastewater
service. The property owner will pay the normal in-town rate for wastewater
service and be responsible for the extension of the wastewater lateral
from the property line to any structure erected on the property. Any
connections requested by the property owner, other than the ordinary to
serve a single-family dwelling, will meet all town standards and require
reimbursement to the town for all costs above the normal costs to extend
the service. The town will waive the hookup fee equivalent to one residential
service at the rate then in effect at the time of a request for service.
- Zoning. The provisions of the
Worcester County Zoning Ordinance are hereby deemed to be applicable
to the annexed area until such time as the Berlin Planning and Zoning
Commission includes such area in its General Plan and the Mayor and
Council subsequently enacts a valid Zoning Ordinance covering this area.
For a period of five years none of the annexed area can be rezoned to
a classification which permits a land use substantially different from
that specified in the current adopted Master Plan of the County without
the express approval of the Worcester County Commissioners.
- Voting rights. All residents
in the annexed area, upon the effective date of annexation, shall have
the right to vote in all general and special elections of the Town of
Berlin, subject to
the same requirements applicable to all voters in the Town of Berlin.
- Property taxes. All real property
taxes in the newly annexed area shall be waived until such time as the
property is developed or conveyed to a new owner. At that time the
property owner will be subject to the payment of taxes, real and personal,
and shall further be subject to a lien for the nonpayment thereof,
in the same manner and at the same rate as properties now within the
existing town limits are subject as of the effective date of this resolution;
such taxes shall become due and payable in the same manner as properties
now within the existing town limits.
§ C2-11. January 1998 annexation. [Added
1-26-1998 by Res. No. 1997-21]
- It is hereby proposed and recommended
that the boundaries of the Town of Berlin be changed so as to annex to
and include within said municipality all that certain area of land, together
with the improvements thereto and the persons residing therein, and their
property, contiguous to and adjoining upon the easterly corporate limits
of the Town of Berlin and more particularly described as follows:
Description of land proposed to be annexed
into the corporate limits of Berlin, Maryland,
adjoining the easterly boundary lines of the municipal limits of Berlin,
Maryland, situated easterly of U.S. Route
113 to Seahawk Road
and described as follows:
Beginning for this description at a point located
+/- 15 feet northerly of the physical centerline of Maryland Route 346 and
+/- 802 feet northeasterly from the centerline intersection of U.S. Route
113 with Maryland Route 346; said point being an existing corner of the
corporate limits of Berlin, Maryland and described as the end of the 10th
(N59° 24’ 30" E, 651.52 feet) line of the 1982 Annexation Resolution No.
3-15-1982; said point of beginning being also situated near the southeast
corner of lands of Razorback Investments (Deed Reference 683/547) and the
southwest corner of lands of Timothy Mark Corporation (Deed Reference RHO
2169/129) known as Parcel No. 174 of Worcester County Tax Map No. 25;
thence, by and with the existing corporate
limits of Berlin, Maryland and the boundary lines between the lands of Razorback
Investments and Timothy Mark Corporation, the following (2) courses and
distances:
- N 29° 14’ 45" W,(passing through
an iron bar found at a distance of 1.0 feet and an iron pipe found at
a distance of 3.0 feet) 301.94 feet to a point; and
- N 59° 54’ 00’ E, 70.00 feet to
a point at the northwest corner of lands of Virginia E. Cropper (Deed
Ref: Liber 2389/48);
thence, by and with the westerly line of lands
of Virginia E. Cropper, S 30’ 13’ 44" E, 298.06 feet to a concrete monument
found on the northerly side of Maryland Route 346;
thence, by and with the northerly side of Maryland
Route 346, the following (6) courses and distances:
- N 59° 7’ 17" E, 10