13-A-24

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TOWN OF CARY, NORTH CAROLINA

REQUEST FOR ANNEXATION 

Annexation Petition Number:  13-A-24
Property Addresses:  10109 Morrisville Parkway, and other unaddressed property along Morrisville Parkway; 1101, 1105, 1113, 1117, 1121, 1129 White Oak Church Road
Wake County Parcel Numbers:  0724236305 (portion), 0724341025, 0724221707, 0724224623, 0724220573, 0724220336, 0724223238, 0724222025 
Real ID Numbers:  0080143 (portion), 0210601, 0360622, 0360623, 0360624, 0360625, 0360626, 0360627
Petition Date:  11/20/2013             

OWNER(S):

Kaye M. Howard; Charles A. Howard; 
Angela K. Howard; Andrew M. Howard

7025 Carpenter Fire Station Road

Cary, NC 27519-8607

 

Scott A. Westwood; Sandra B. Emerson

1017 E. Ferrel Road

Apex, NC 27523-7585

 

Billy James Howard Estate, 

c/o Kaye M. Howard

7025 Carpenter Fire Station Road

Cary, NC 27519-8607

LOCATION:   SE quadrant of White Oak Church Road and Morrisville Parkway intersection

MAP:     Vicinity Map

ZONING & PROPOSED USE:
Current Zoning:   
Wake County Residential 40 Watershed (R-40W)          
Acreage:   
58.89 plus 4.24 adjacent right of way = 63.13 total deeded acres

Contiguous to Primary Corporate Limits:   Yes

% Contiguity (excluding satellite town limits):   75%    
Existing Use:
    Residential; Agriculture; Vacant

Proposed Use:   Residential; Church      
Active Associated Case(s):   
13-REZ-29 (Howard-Emerson Tracts)            

UTILITIES:

Water:    480 feet NE                             
Sewer:   (in review)

DISTRICTS & TAX VALUE:
Fire District:   
Morrisville #3                                          
Voting District:  
A
Tax Value:    
$2,855,675

MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:   1/30/2014
Staff Recommendation:  
 Forward to public hearing on 2/27/2014
Action:  
Forwarded to public hearing on 2/27/2014

Town Council – Public Hearing:   2/27/2014
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-29 case
Action:  Public hearing opened and closed; Staff directed to add case to future agenda for ordinance adoption

Town Council – Ordinance Adoption:   4/10/2014 
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-24

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

WHEREAS, on 11/20/2013, the Town Council has been petitioned under G.S. 160A-31 to annex the area described below: 

Kaye M. Howard; Charles A. Howard; Angela K. Howard; Andrew M. Howard; Scott A. Westwood; Sandra B. Emerson; Billy James Howard Estate, c/o Kaye M. Howard; Wake County Parcel Identification #0724236305 (portion), 0724341025, 0724221707, 0724224623, 0724220573, 0724220336, 0724223238, 0724222025; including 58.89 acres, plus 4.24 acres of adjacent right-of-way; which are Contiguous to the existing municipal limits of the Town of Cary; and

WHEREAS, on 1/30/2014, the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and

WHEREAS, on 1/30/2014, 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 2/27/2014 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 4/10/2014 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 #0724236305 (portion), 0724341025, 0724221707, 0724224623, 0724220573, 0724220336, 0724223238, 0724222025

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 4/10/2014

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

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 4/10/2014

IN WITNESS WHEREOF, I have hereunto set my hand and have caused the seal of the Town of Cary to be affixed this 4/10/2014.

                                                                                    _________________________

                                                                                    Sue Rowland, Town Clerk