13-A-14

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TOWN OF CARY, NORTH CAROLINA

REQUEST FOR ANNEXATION 

Annexation Petition Number:   13-A-14
Property Address:   925 Pittard Sears Road
Chatham County Parcel Number:  0725-29-0405.000 (portion) 
Chatham Real ID Number:   0019866 (portion) (AKPAR)
Petition Date:   6/5/2013               

OWNER(S):
James D. Slade

719 Pittard Sears Road

Durham, NC 27713


LOCATION:   
4,450 feet southwest of Pittard Sears Road and O'Kelly Chapel Road intersection

MAP:     Vicinity Map

ZONING & PROPOSED USE:
Current Zoning:   
Residential 1 (R-1) (Chatham County)  
Acreage:   
37.77 plus 0.95 adjacent right of way = 38.72 total deeded acres

Contiguous to Primary Corporate Limits:   No
% Contiguity (excluding satellite town limits):  0%      
Existing Use:
    Residential (detached dwelling)

Proposed Use:   Residential           
Active Associated Case(s):  
13-REZ-04 (Slade Property)

UTILITIES:

Water:    On Site    
Sewer:   On Site    

DISTRICTS & TAX VALUE:
Fire District:   
112 - Parkwood                                      
Voting District:  
A
Tax Value:    
$561,067 (portion)

MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:   7/25/2013
Staff Recommendation:  
 Forward to public hearing on 8/22/2013
Action:
  Forwarded to public hearing on 8/22/2013

Town Council – Public Hearing:   8/22/2013
Staff Recommendation:
  Defer action to a future council meeting to allow final vote on the annexation to coincide with final vote on the associated 13-REZ-04 (Slade Property) 
Action:  Public hearing opened and closed; Staff directed to add case to future agenda for ordinance adoption.

Town Council – Ordinance Adoption:   11/21/2013
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-14

AN ORDINANCE ANNEXING LANDS NON CONTIGUOUS TO THE MUNICIPAL BOUNDARIES OF THE TOWN OF CARY 

WHEREAS, on 6/5/2013, the Town Council has been petitioned under G.S. 160A-58.1 to annex the area described below:

James D. Slade; Chatham County Parcel Identification #0725-29-0405.000 (portion); including 37.77 acres, plus 0.95 acres of adjacent right-of-way; which are non contiguous to the existing municipal limits of the Town of Cary; and

WHEREAS, on 7/25/2013, the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and

WHEREAS, on 7/25/2013, 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 8/22/2013 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-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 11/21/2013 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, said pipe being North 35°04’12” West 38,895.65 feet from NCGS Survey Monument “A EARL SMITH”, said monument having NC grid coordinates (NAD 83 – 2011) of N=727,659.310, E=2,043,744.810, thence from said Beginning point South 02°55'33” West 123.89 feet to an existing iron pipe, thence South 02°17'31” West 1,137.99 feet to an existing iron pipe, thence South 69°00'16” West 227.30 feet to an existing iron pipe, thence South 20°21'08” West 639.25 feet to an existing iron pipe, thence South 52°19'30” West 347.56 feet to an existing iron pipe, thence South 89°12'06” West 265.22 feet to an existing iron pipe, thence North 00°18'03” East 829.56 feet to a point on the centerline of Pittard Sears Road (SR 1732) (50’ Public R/W), thence along said centerline along a curve to the left with  a radius of 818.51 feet, an arc length of 147.68 feet, and a chord bearing and distance of South 80°07'00” East 147.48 feet to a new iron pipe, thence leaving said centerline North 05°00'45” East 237.58 feet to a new iron pipe, thence North 26°13'37” West 144.91 feet to an existing iron pipe, thence North 89°40'47” West 100.21 feet to an existing iron pipe, thence North 00°18'03” East 287.98 feet to an existing iron pipe on the eastern right of way of the State of North Carolina Department of Transportation Property DB 781 Page 468 formerly Durham and South Carolina Railroad, thence with right of way North 14°44'06” East 748.75 feet to an existing iron pipe, thence leaving said right of way South 88°12'47” East 828.95 feet to the point and place of Beginning containing 38.830 acres more of less.

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 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 11/21/2013 

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

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 11/21/2013.

IN WITNESS WHEREOF, I have hereunto set my hand and have caused the seal of the Town of Cary to be affixed this 11/21/2013. 

                                                                                    _________________________

                                                                                    Sue Rowland, Town Clerk