13-A-20

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TOWN OF CARY, NORTH CAROLINA

REQUEST FOR ANNEXATION

Annexation Petition Number:   13-A-20
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:   9/6/2013               

OWNER(S):
Gary W. Howell; 
Gary W. Howell Trustee

1401 Davis Drive

Cary, NC 27523-8231

LOCATION:   At the northwest quadrant of the Davis Drive and Farm Pond Road intersection

VICINITY MAP   

ZONING & PROPOSED USE:
Current Zoning:   
Wake County Residential 40 Watershed (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):    
13-REZ-14 (Howell Tract)  

UTILITIES:

Water:    On Site    
Sewer:   90 feet north                            

DISTRICTS & TAX VALUE:
Fire District:   
Apex #1                                                 
Voting District:  
D
Tax Value:    
$1,144,042

MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:   10/24/2013
Staff Recommendation:
  Forward to public hearing on 11/21/2013
Action:  
 Forwarded to public hearing on 11/21/2013

Town Council – Public Hearing:   11/21/2013

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-14 (Howell Tract)
Action: Forwarded to public hearing on 12/19/2013

Town Council – Ordinance Adoption:   1/30/2014 
Staff Recommendation
:   Adoption with effective date determined by Council action
Action:    

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

13-A-20

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

WHEREAS, on 9/6/2013, 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 #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 10/24/2013, the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and

WHEREAS, on 10/24/2013, 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 11/21/2013 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-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 1/30/2014 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. 

LEGAL DESCRIPTION

Wake County Parcel Identification #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 1/30/2014 

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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 1/30/2014.

IN WITNESS WHEREOF, I have hereunto set my hand and have caused the seal of the Town of Cary to be affixed this 1/30/2014.

                                                                                    _________________________

                                                                                    Sue Rowland, Town Clerk