14-A-03

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TOWN OF CARY, NORTH CAROLINA

REQUEST FOR ANNEXATION 

Annexation Petition Number:   14-A-03
Property Addresses:   9733 Green Level Church Road and other unaddressed property along Green Level Church Road
Wake County Parcel Numbers:  0725802175, 0725802581 
Real ID Numbers:   0021988, 0021987
Petition Date:   3/5/2014               

OWNER:
Adelangela Fumagalli

8 Spruce Street

New York, NY 10038

LOCATION:   At the southwest quadrant of Green Level Church Road, Courtland View Lane, and Mills Park Drive intersection

MAP:     Vicinity Map

ZONING & PROPOSED USE:
Current Zoning:   
Transitional Residential Conditional Use (TR-CU)          
Acreage:   
12.85 plus 0.00 adjacent right of way = 12.85 total deeded acres

Contiguous to Primary Corporate Limits:   Yes

% Contiguity (excluding satellite town limits):   100%   
Existing Use:
    vacant, residential

Proposed Use:   residential subdivision (townhomes)     
Active Associated Case(s):    
14-SB-006 (Mills Park)      

UTILITIES:

Water:    On site    
Sewer:   740 feet northeast                    

DISTRICTS & TAX VALUE:
Fire District:   
Morrisville #3                                          
Voting District:  
A
Tax Value:    
$1,572,000

Town Council – Public Hearing:   5/22/2014
Staff Recommendation:  
 Adoption with an effective date determined by Council action
Action:  Applicant requested to delay case until August TC meeting on 8/28/2014

Town Council – Public Hearing:   8/28/2014 
Staff Recommendation:  
 Adoption with an effective date determined by Council action
Action:  
  The document that Council will consider for adoption at this meeting follows:
 14-A-03
 

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

WHEREAS, on 3/5/2014, the Town Council has been petitioned under G.S. 160A-31 to annex the area described below:

Adelangela FumagalliWake County Parcel Identification #0725802175, 0725802581; including 12.85 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 4/24/2014, the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and

WHEREAS, on 4/24/2014, 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 as required by  law; and

WHEREAS, the matter came for public hearing before the Town Council of the Town of Cary on 8/28/2014 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 8/28/2014 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 #0725802175, 0725802581

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.  P ursuant 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 8/28/2014

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CERTIFICATION

I, Karen C. Gray, Deputy 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 8/28/2014.

IN WITNESS WHEREOF, I have hereunto set my hand and have caused the seal of the Town of Cary to be affixed this 8/28/2014.

                                                                                    ____________________________

                                                                                    Karen C. Gray, Deputy Town Clerk