TOWN OF CARY, NORTH CAROLINA
REQUEST FOR ANNEXATION
Annexation Petition Number: 12-A-09
Property Addresses: 1401, 1403 Davis Drive; 5900 Farm Pond Road
Wake County Parcel Numbers: 0743539444, 0743630991, 0743631186
Real ID Numbers: 0217191, 0166374, 0166373
Petition Date: 5/21/2012
Gary W. Howell
Gary W. Howell Trustee
1401 Davis Drive
Cary, NC 27523-8231
LOCATION: At the northwest corner of Davis Drive and Farm Pond Road intersection
MAP: Vicinity Map
ZONING & PROPOSED USE:
Current Zoning: Wake County Residential 40 (R-40W)
Acreage: 14.76 plus 0.00 adjacent right of way = 14.76 total deeded acres
Contiguous to Primary Corporate Limits: Yes
% Contiguity (excluding satellite town limits): 58%
Existing Use: Single-family dwelling; vacant
Proposed Use: Single-family Residential
Active Associated Case(s): 12-REZ-12 (Howell Tract)
Water: On site
Sewer: 90 feet north
DISTRICTS & TAX VALUE:
Fire District: Apex #1
Voting District: D
Tax Value: $144,042
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing: 8/23/2012
Staff Recommendation: Forward to public hearing on 9/27/2012
Action: Forwarded to public hearing on 9/27/2012
Town Council – Public Hearing: 9/27/2012
Staff Recommendation: Defer action to a future council meeting to allow final vote on the annexation to coincide with final vote on the associated 12-REZ-12 (Howell Tract)
Action: Public hearing opened and closed; Staff directed to add case to 12/13/20121 agenda for ordinance adoption
Town Council – Ordinance Adoption: 1/24/2013
Staff Recommendation: Adoption with an effective date determined by Council action
The document that Council will consider for adoption at this meeting follows:
AN ORDINANCE ANNEXING LANDS CONTIGUOUS TO THE MUNICIPAL BOUNDARIES OF THE TOWN OF CARY
WHEREAS, on 5/21/2012, the Town Council has been petitioned under G.S. 160A-31 to annex the area described below:
Gary W. Howell; Gary W. Howell Trustee; Wake County Parcel Identification #s: 0743539444, 0743630991, 0743631186; including 14.76 acres, plus 0.00 acres of adjacent right-of-way; which are Contiguous to the existing municipal limits of the Town of Cary; and
WHEREAS, on 8/23/2012, the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and
WHEREAS, on 8/23/2012, the Town Council of the Town of Cary ordered a public hearing on the question of said annexation and Notice of a Public Hearing was published in the newspaper of general circulation as required by law; and
WHEREAS, the matter came for public hearing before the Town Council of the Town of Cary on 9/27/2012 at which time all persons opposed and all persons in favor of said annexation were allowed to be heard; and
WHEREAS, the Petition above mentioned meets all the requirements of G.S. 160A-31.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Cary, North Carolina that:
Section 1. The area described in the petition and depicted on the map (which is on file in the Planning Department), is hereby annexed to and made a part of the Town of Cary, effective on 1/24/2013 with a condition that the property owner connect to the Town of Cary sewer/water line based upon the Town’s policy(ies) in place on the effective date of this ordinance.
Wake County Parcel Identification #’s: 0743539444, 0743630991, 0743631186
Section 2. That from and after the effective date of this ordinance, the territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Cary, and shall be entitled to the same privileges and benefits as other parts of the municipality. Said annexed territory shall be subjected to municipal taxes according to G.S. 160A-58.10.
Section 3. The Mayor of the Town of Cary shall cause an accurate map of the newly annexed territory together with a copy of this ordinance, duly certified, to be recorded in the Office of the Register of Deeds of Wake County and in the Office of the Secretary of State of North Carolina.
Section 4. Pursuant of G.S. 160A-22, the Town Clerk is directed to update the Official Town Map by drawing in the territory annexed, or setting out the boundaries in a written description, or showing the current Town boundaries by a combination of these techniques. Such a map shall also be delivered to the Wake County Board of Elections as required by G.S. 163-288.1
Section 5. Pursuant of G.S. 160A-23, the boundaries of Electoral District D are hereby revised to account for and include the territory annexed, and the Official Town Map of Electoral Wards is hereby amended to include the annexed territory in the said Electoral District.
Adopted on 1/24/2013.
I, Sue Rowland, Town Clerk of the Town of Cary, North Carolina, do hereby certify the foregoing to be true copy of an ordinance duly adopted at the meeting of the Town Council held on 1/24/2013.
IN WITNESS WHEREOF, I have hereunto set my hand and have caused the seal of the Town of Cary to be affixed this 1/24/2013.
Sue Rowland, Town Clerk