13-A-01

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TOWN OF CARY, NORTH CAROLINA

REQUEST FOR ANNEXATION

Annexation Petition Number:   13-A-01
Property Address:   Lewter Shop Road
Chatham County Parcel Number:  0714-00-83-1153
Chatham County AKPAR:   019999
Petition Date:   12/27/2012            

OWNER(S):
Galaxy Investments LLC

4208 Six Forks Road, Suite 1400

Raleigh, NC 27609

 

Highway 54 Partners LLC

P.O. Box 130

Cary, NC 27512

LOCATION:   South of the intersection of Lewter Shop Road and W Ferrell Road

MAP:     Vicinity Map

ZONING & PROPOSED USE:
Current Zoning:   
Residential 1 (R-1) (Chatham County)  
Acreage:   
76.38 plus 0 adjacent right of way = 76.38 total deeded acres

Contiguous to Primary Corporate Limits:   No

Proposed Use:   Residential, recreation, park, religious institution or school         
Existing Use:
  Residential

Associated Case(s):  12-REZ-33 (Lewter Shop Road) 

UTILITIES:

Water:    5,980 feet northeast                 
Sewer:   7,150 feet northeast                 

DISTRICTS & TAX VALUE:
Fire District:   
Chatham Fire District 7                           
Voting District:  
A
Tax Value:    
$1,763,240 

MEETINGS:

Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:   2/27/2013
Staff Recommendation:  
Forward to public hearing on 3/28/2013
Action:  Forwarded to public hearing on 3/28/2013

Town Council – Public Hearing:  3/28/2013
Staff Recommendation:   Defer action to a future council meeting to allow final vote on the annexation to coincide with final vote on the associated rezoning (13-REZ-01)
Action:   Forwarded for adoption at a future council meeting.

Town Council – Ordinance Adoption:   7/25/2013
Staff Recommendation:
   Adoption with an effective date determined by council action.
Action:  Council tabled case until further notice.

Town Council – Ordinance Adoption:   8/22/2013
Staff Recommendation:   Adoption with an effective date determined by council action.
Action:    

The document that Council will consider for adoption at this meeting follows:

13-A-01 

AN ORDINANCE ANNEXING LANDS NOT CONTIGUOUS TO THE MUNICIPAL BOUNDARIES OF THE TOWN OF CARY, NORTH CAROLINA

WHEREAS, on 12/27/2012, the Town Council has been petitioned under G.S. 160A-58.1 to annex the area described below:

Galaxy Investments LLC; Highway 54 Partners LLC; Chatham County Parcel Identification #0714-00-83-1153; including 76.38 acres, plus 0.00 acres of adjacent right-of-way; which are Non-contiguous to the existing municipal limits of the Town of Cary; and

WHEREAS, on 2/27/2013, the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and

WHEREAS, on 2/27/2013, 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 3/28/2013 at which time all persons opposed and all persons in favor of said annexation were allowed to be heard; and

WHEREAS, the Town Council hereby finds that the area described herein meets the standards of G.S. 160A-58.1(b), described as follows:

 a.   The nearest point on the proposed satellite corporate limits is not more than three miles from the corporate limits of the Town.

b.   No point on the proposed satellite corporate limits is closer to another municipality than to the Town.

c.   The area described is so situated that the Town will be able to provide the same services within the proposed satellite corporate limits that it provides within the primary corporate limits.

d.   No subdivision, as defined in G.S. 160A-376, will be split up by this proposed annexation.

e.   The area within the proposed satellite corporate limits, when added to the area within all other satellite corporate limits, does not exceed ten percent (10%) of the area within the primary corporate limits of the Town.

f.    The public health, safety, and welfare of the Town and of the area proposed for annexation will be best served by annexing the area described herein;

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Cary, North Carolina that:

Section 1.  By virtue of the authority granted by 160A-58.1, 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 8/22/2013 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.  A map and description of the annexed area are on file in the Planning Department, Cary Town Hall. 

METES AND BOUNDS DESCRIPTION

Beginning at an existing iron pipe in the southern right-of-way of Lewter Shop Road, said point also being the northeast corner of the James and Bonnie Mills property recorded in Deed Book 1179, Page 1081 in the Chatham County Registry; thence with the southern right-of-way of Lewter Shop Road N 82° 01’ 31” E a distance of 60.00 feet to a point; thence leaving the southern right-of-way of Lewter Shop Road S 07° 17’ 40” E a distance of 238.98 feet to a point; thence S 88° 19’ 42” E a distance of 40.47 feet to an existing iron pipe; thence S 88° 21’ 26” E a distance of 81.71 feet to an existing iron pipe; thence S 88° 21’ 26” E a distance of 152.73 feet to an existing iron pipe; thence S 88° 21’ 26” E a distance of 546.67 feet to an existing iron pipe; thence S 02° 20’ 55” W a distance of 127.79 feet to an existing iron pipe; thence S 02° 23’ 00” W a distance of 204.80 feet to an existing iron pipe; thence S 02° 23’ 33” W a distance of 45.51 feet to an existing iron pipe; thence S 02° 23’ 33” W a distance of 92.75 feet to an existing iron pipe; thence S 02° 22’ 30” W a distance of 140.62 feet to an existing iron pipe; thence 

S 88° 55’ 01” E a distance of 7.12 feet to an existing iron pipe; thence S 88° 55’ 01” E a distance of 123.16 feet to an existing iron pipe; thence S 88° 55’ 01” E a distance of 359.50 feet to an existing iron pipe; thence S 88° 55’ 01” E a distance of 197.16 feet to an existing iron pipe; thence S 88° 55’ 01” E a distance of 15.34 feet to a point in the centerline of a tributary of the Rocky Ford Branch; thence with centerline of the tributary the following courses:  S 03° 01’ 37” E a distance of 46.97 feet to a point; S 10° 09’ 47” E a distance of 20.22 feet to a point; S 42° 32’ 56” W a distance of 17.07 feet to a point; S 31° 37’ 51” W a distance of 45.07 feet to a point; S 68° 46’ 55” W a distance of 14.07 feet to a point; N 77° 13’ 22” W a distance of 31.01 feet to a point; S 60° 48’ 21” W a distance of 47.43 feet to a point; S 54° 40’ 43” W a distance of 32.55 feet to a point; S 88° 42’ 58” W a distance of 18.47 feet to a point; S 50° 38’ 45” W a distance of 9.22 feet to a point; S 25° 51’ 52” E a distance of 53.91 feet to a point; S 47° 31’ 29” E a distance of 21.94 feet to a point; S 87° 57’ 21” E a distance of 20.65 feet to a point; thence S 01° 24’ 22” E a distance of 40.88 feet to a point; S 22° 46’ 31” E a distance of 58.65 feet to a point; S 11° 35’ 15” E a distance of 36.41 feet to a point; S 35° 37’ 45” E a distance of 15.82 feet to a point; S 23° 06’ 20” E a distance of 4.18 feet to a point; S 80° 33’ 48” E a distance of 29.18 feet to a point; S 83° 31’ 43” E a distance of 5.54 feet to a point; S 23° 37’ 25” E a distance of 52.98 feet to a point; S 55° 41’ 23” E a distance of 3.84 feet to a point; S 04° 04’ 36” W a distance of 22.10 feet to a point; S 43° 50’ 19” E a distance of 12.31 feet to a point; S 13° 14’ 14” W a distance of 7.46 feet to a point; S 13° 49’ 06” W a distance of 21.51 feet to a point; S 79° 42’ 24” W a distance of 33.72 feet to a point; S 19° 36’ 49” W a distance of 30.82 feet to a point; S 62° 14’ 09” W a distance of 25.86 feet to a point; N 72° 48’ 44” W a distance of 34.12 feet to a point; S 70° 43’ 14” W a distance of 30.18 feet to a point; N 79° 37’ 55” W a distance of 21.09 feet to a point; S 54° 34’ 39” W a distance of 23.96 feet to a point; S 75° 13’ 40” W a distance of 27.96 feet to a point; S 29° 40’ 51” W a distance of 29.95 feet to a point; S 17° 48’ 22” W a distance of 48.94 feet to a point; S 21° 09’ 36” W a distance of 37.52 feet to a point; S 25° 09’ 44” W a distance of 23.08 feet to a point; S 25° 09’ 44” W a distance of 29.49 feet to a point; S 13° 57’ 47” W a distance of 19.29 feet to a point; S 10° 50’ 02” W a distance of 22.09 feet to a point; S 07° 58’ 31” E a distance of 18.48’ feet to a point;  S 62° 33’ 53” E a distance of 14.84 feet to a point; S 33° 23’ 03” W a distance of 20.96 feet to a point; S 04° 50’ 53” W a distance of 22.74 feet to a point; S 16° 05’ 16” E a distance of 49.25 feet to a point; S 20° 38’ 52” E a distance of 25.66 feet to a point; N 69° 34’ 07”E a distance of 14.78 feet to a point; S 80° 50’ 16” E a distance of 3.99 feet to a point; thence S 11° 17’ 07’ E a distance of 15.65 feet to a point; S 40° 09’ 57” E a distance of 32.88 feet to a point; S 01° 42’ 03” E a distance of 12.55 feet to a point; S 01° 42’ 03” E a distance of 10.08 feet to a point; S 52° 02’ 59” W a distance of 22.22 feet to a point; S 28° 12’ 17” E a distance of 24.50 feet to a point; S 41° 36’ 21” E a distance of 31.61 feet to a point; S 16° 26’ 04” W a distance of 39.90 feet to a point; S 60° 24’ 22” E a distance of 25.78 feet to a point; S 27° 44’ 44” W a distance of 4.71 feet to a point; S 49° 40’ 50” W a distance of 24.48 feet to a point; S 33° 18’ 41” W a distance of 12.54 feet to a point; S 62° 50’ 03” W a distance of 31.80 feet to a point; S 85° 03’ 34” W a distance of 56.10 feet to a point; N 35° 02’ 26” W a distance of 18.54 feet to a point; S 46° 48’ 58” W a distance of 27.13 feet to a point; S 08° 56’ 39” E a distance of 13.69 feet to a point; S 22° 40’ 26” E a distance of 22.54 feet to a point; S 40° 20’ 52” W a distance of 5.79 feet to a point; S 39° 02’ 07” E a distance of 13.49 feet to a point; S 27° 16’ 00” E a distance of 12.45 feet to a point; S 16° 09’ 22” W a distance of 38.21 feet to a point; S 29° 27’ 09” E a distance of 42.07 feet to a point; S 49° 57’ 29” E a distance of 5.96 feet to a point; N 32° 29’ 51” E a distance of 14.31 feet to a point; S 78° 38’ 23” E a distance of 9.47 feet to a point; S 17° 03’ 42” E a distance of 9.38 feet to a point; S 10° 57’ 29” W a distance of 26.23 feet to a point; N 88° 01’ 55” W a distance of 20.97 feet to a point; S 31° 50’ 11” W a distance of 40.27 feet to a point; S 77° 21’ 08” W a distance of 16.12 feet to a point; S 07° 27’ 59” E a distance of 27.27 feet to a point; S 50° 27’ 47’ E a distance of 25.65 feet to a point; thence leaving the tributary N 89° 19’ 42” W a distance of 325.34 feet to an existing iron pipe; thence S 88° 16’ 54” W a distance of 167.38 to an existing iron pipe; thence S 88° 16’ 54” W a distance of 91.07 feet to an existing iron pipe; thence S 88° 15’ 29” W a distance of 106.54 feet to an existing iron pipe; thence S 88° 15’ 29” W a distance of 293.46 feet to an existing iron pipe; thence S 88° 16’ 35” W a distance of 324.02 feet to an existing iron pipe; thence S 88° 16’ 35” W a distance of 197.61 feet to an existing iron pipe; thence N 02° 06’ 49” E a distance of 263.76 feet to an existing iron pipe; thence N 02° 06’ 49” E a distance of 517.10 feet to an existing iron pipe; thence N 02° 06’ 49” E a distance of 275.96 feet to an existing iron pipe; thence N 02° 06’ 49” E a distance of 268.50 feet to an existing iron pipe; thence N 02° 06’ 49” E a distance of 67.09 feet to an existing iron pipe; thence N 88° 41’ 18” W a distance of 696.57 feet to an existing iron pipe; thence N 04° 37’ 43” E a distance of 215.68 feet to an existing iron pipe; thence N 04° 37’ 43” E a distance of 235.85 feet to an existing iron pipe; thence N 04° 37’ 43” E a distance of 200.20 feet to an existing iron pipe; thence S 88° 20’ 56” E a distance of 845.65 feet to an existing iron pipe; thence N 07° 17’ 36” W a distance of 228.80 feet to the Point of Beginning; said tract containing 76.3886 acres, as shown on survey prepared by Bass, Nixon & Kennedy, Inc. dated March 16, 2012, last revised January 29, 2012 entitled “Boundary Survey for Galaxy Investments LLC and Highway 55 Partners, LLC. 

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 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 A 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 8/22/2013.

***************************************************

CERTIFICATION

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 8/22/2013.

IN WITNESS WHEREOF, I have hereunto set my hand and have caused the seal of the Town of Cary to be affixed this 8/22/2013.

                                                                                                _________________________

                                                                                                Sue Rowland, Town Clerk