14-A-04

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TOWN OF CARY, NORTH CAROLINA
REQUEST FOR ANNEXATION 

Annexation Petition Number:   14-A-04
Property Addresses:   4,510 feet west of Yates Store Road and New Hope Church Road intersection
Chatham County PINs #0715-83-0823.000, 0715-74-4409.000, 0715-73-5273.000, 0715-73-5853.000, 0715-74-8680.000, 0715-83-9330.000 
Chatham County Parcel IDs #82722, 79886, 81204, 19875, 19879, 65997
Petition Date:   5/8/2014                

OWNERS:
Keith and Jamie Horil
PO Box 646
Morrisville, NC 27560 

Donna L. Hodge, Trustee for the Donna L. Hodge 
Revocable Living Trust, U.T.D.
3487 Rocky Gap Place
Cocoa, FL 32926

White Brothers Properties LLC

302 Fern Valley Lane

Apex, NC 27523

LOCATION:   4,510 feet west of Yates Store Road and New Hope Church Road intersection

MAP:     Vicinity Map

ZONING & PROPOSED USE:
Current Zoning:   
Chatham County Residential 1 (R-1)    
Acreage:   
87.59 plus 0.00 adjacent right of way = 87.59 total deeded acres
Contiguous to Primary Corporate Limits:   No
Existing Use:   vacant, residential
Proposed Use:   residential (subdivision)           
Associated Case(s):  14-REZ-09 (Westchester)  

UTILITIES:

Water:    4,390 feet SE                          
Sewer:   3.660 feet SE                         

DISTRICTS & TAX VALUE:
Fire District:   
N. Chatham Fire District                          
Voting District:  
A
Tax Value:    
$1,662,238 

MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:   5/22/2014
Staff Recommendation:  
Forward to public hearing on 6/26/2014
Action:
  Forwarded to public hearing on 6/26/2014

Town Council – Public Hearing:   6/26/2014

Staff Recommendation:  Defer action to a future council meeting to allow final vote on the annexation to coincide with final vote on the associated 14-REZ-09 (Westchester) 
Action:    Removed from agenda at applicant's request

Town Council – Ordinance Adoption:   TBD
Staff Recommendation
:    
Action
:    

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

14-A-04

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

WHEREAS, on 5/8/2014, the Town Council has been petitioned under G.S. 160A-58.1 to annex the area described below:

Keith and Jamie Horil; Donna L. Hodge, Trustee for the Donna L. Hodge Revocable Living Trust, U.T.D.; White Brothers Properties LLC; Chatham County PINs #0715-83-0823.000, 0715-74-4409.000, 0715-73-5273.000, 0715-73-5853.000, 0715-74-8680.000, 0715-83-9330.000; including 87.59 acres, plus 0.00 acres of adjacent right-of-way; which areNo to the existing municipal limits of the Town of Cary; and

WHEREAS, on 5/22/2014, the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and

WHEREAS, on 5/22/2014, 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 TBD 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:

  1. The nearest point on the proposed satellite corporate limits is not more than three miles from the corporate limits of the Town.
  2. No point on the proposed satellite corporate limits is closer to another municipality than to the Town.
  3. 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.
  4. No subdivision, as defined in G.S. 160A-376, will be split up by this proposed annexation.
  5. 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.
  6. 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 TBD 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 New Hope Church Road (60’ Public R/W) thence leaving said right of way South 46°50'25" West 789.98 feet to an existing iron pipe, thence South 87°05'29" West 530.02 feet to an existing iron pipe, thence South 01°22'09" West 539.90 feet to an existing iron pipe, thence North

88°37'59" West 672.42 feet to an existing iron pipe, thence North 20°39'54" West 76.08 feet to an existing iron pipe, thence North 38°19'40" West 737.42 feet to an existing iron pipe, thence North 71°27'46" West 391.16 feet to an existing iron pipe in the eastern right of way of Mt. Pisgah Church Road (60’ Public R/W), thence with said right of way the following eighteen (18) calls North 09°31'46" East 39.82 feet to a point, thence North 09°19'03" East 100.03 feet to a point, thence North 08°48'52" East 101.60 feet to a point, thence North 07°31'48" East 100.66 feet to a point, thence North 06°48'15" East 100.67 feet to a point, thence North 06°38'37" East 101.81 feet to a point, thence North 05°19'01" East 99.81 feet to a point, thence North 03°11'49" East 101.41 feet to a point, thence North 00°36'20" East 100.95 feet to a point, thence North 01°08'24" West 100.91 feet to a point, thence North 02°09'17" West 99.74 feet to a point, thence North 02°40'22" West 163.59 feet to a point, thence North 02°40'49" West 121.86 feet to a point, thence North 02°06'04" West 104.41 feet to a point, thence North 01°09'41" West 197.67 feet to a point, thence North 00°21'33" West 118.33 feet to a point, thence North 00°07'33" West 208.12 feet to a point, thence North 00°47'40" West 213.80 feet to a point in the right of way intersection of Mt. Pisgah Church Road and New Hope Church Road, thence leaving the right of way of Mt. Pisgah Church Road with the right of way of New Hope Church Road the following nine (9) calls South 79°50'38" East 15.86 feet to a point, thence South 75°33'13" East 48.96 feet to a point, thence South 72°31'18" East 49.69 feet to a point, thence South 69°14'20" East 108.67 feet to a point, thence South 65°48'03" East 111.72 feet to a point, thence South 61°48'14" East 108.62 feet to a point, thence South 59°48'46" East 126.15 feet to a point, thence South 58°43'37" East 145.57

feet to an existing iron pipe, thence South 58°35'54" East 379.97 feet to an existing iron pipe in the southern right of way of New Hope Church Road, thence leaving said right of way South 01°17'55" West 498.50 feet to an existing iron pipe, thence South 01°17'55" West 130.16 feet to an existing iron pipe, thence South 01°17'55" West 104.26 feet to an existing iron pipe, thence South 01°17'55" West 159.14 feet to an existing iron pipe, thence South 01°17'55" West 280.94 feet to an existing iron pipe, thence South 01°17'55" West 319.83 feet to an existing iron pipe, thence North 63°31'24" East 335.43 feet to an existing iron pipe, thence North 17°44'18" East 435.99 feet to an existing iron pipe, thence North 43°11'13" East 545.31 feet to an existing iron pipe in the southern right of way of New Hope Church Road, thence with the right of way of New Hope Church Road the following eleven (10) calls  south 48°25'00" East 11.41 feet to a point, thence South 46°49'01" East 113.41 feet to a point, thence South 46°02'39" East 119.00 feet to a point, thence South 46°23'14" East 108.33 feet to a point, thence South 45°55'11" East 120.79 feet to a point, thence South 45°47'53" East 103.53 feet to a point, thence South 45°40'38" East 151.82 feet to a point, thence South 45°21'24" East 102.54 feet to a point, thence South 45°24'42" East 187.38 feet to a point, thence South 45°54'26" East 159.26 feet to the point and place of beginning containing 87.577 acres more or 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 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 TBD 

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

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 TBD.

IN WITNESS WHEREOF, I have hereunto set my hand and have caused the seal of the Town of Cary to be affixed this TBD

                                                                                               ______________________________

                                                                                                Karen C. Gray, Deputy Town Clerk