14-A-09

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TOWN OF CARY, NORTH CAROLINA
REQUEST FOR ANNEXATION

Annexation Petition Number:   14-A-09
Property Address:   2836 Davis Drive
Wake County Parcel Number:  0744567923 (portion) 
Real ID Number:   0003921 (portion)
Petition Date:   4/23/2014              

OWNERS:

Ronald Mills Barbee
5151 Glenwood Avenue
Raleigh, NC 27612

Carolyn Barbee Allen
1104 Gunnison Place
Raleigh, NC 27609

Clabron Barbee Powell
200 New Londondale Drive
Cary, NC 27513 

LOCATION:   SE quadrant of Davis Drive and Hogans Valley Way intersection

MAP:     Vicinity Map

ZONING & PROPOSED USE:
Current Zoning:   
Residential 40 (R-40)  
Acreage:   
12.54 plus 0.00 adjacent right of way = 12.54 total deeded acres
Contiguous to Primary Corporate Limits:   Yes 
% Contiguity (excluding satellite town limits):   88%    
Existing Use:
    vacant, residential
Proposed Use:   Single-family residential           
Active Associated Case(s):  
14-REZ-15 (Barbee Tract)        

UTILITIES:
Water:    On site    
Sewer:   On site     

DISTRICTS & TAX VALUE:
Fire District:   
Morrisville #3                                          
Voting District:  
A
Tax Value:    
$1,910,918 (portion)

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-15 (Barbee Tract) 
Action:   Public hearing opened and closed; Staff directed to add case to future agenda for ordinance adoption 

Town Council – Ordinance Adoption:   9/11/2014
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-09

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

WHEREAS, on 4/23/2014, the Town Council has been petitioned under G.S. 160A-31 to annex the area described below:

Ronald Mills Barbee; Carolyn Barbee Allen; Clabron Barbee Powell; Wake County Parcel Identification #0744567923 (portion); including 12.54 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 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 6/26/2014 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 9/11/2014 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

Beginning at an iron pipe, said iron pipe being the common rear property corner of Lots 637 and 638 of the Preston Chase Subdivision as shown in Book of Maps 1993, Page 537 in the Wake County Registry; thence  S 00°38'03" E a distance of 164.65 feet to an existing iron pipe; thence  S 89°46'37" E a distance of 311.00 feet to a new iron pipe set;  thence  S 00°13'35" W a distance of 393.31 feet to a new iron pipe set; thence  N 89°23'13" W a distance of 1082.17 feet to a point in the eastern R/W of Davis Drive (SR 1613); thence with said R/W along a curve to the left having a radius of 7686.94 feet, a chord bearing of N 01°07'29" E, a chord distance of 25.95 feet and an arc length of 25.95 feet to a point; thence along a curve to the left having a radius of 17261.17 feet, a chord bearing of N 00°36'41" E, a chord distance of 251.06 feet and an arc length of 251.06 feet to a point; thence  N 00°11'41" E a distance of 261.35 feet to a point; thence along a curve to the left having a radius of 7686.94 feet, a chord bearing of N 00°09'33" E, a chord distance of 9.49 feet and an arc length of 9.49 feet to the point; thence leaving said R/W and continuing  S 89°58'51" E a distance of 766.74 feet to the point of beginning and containing 12.543 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 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 9/11/2014

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

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 9/11/2014.

IN WITNESS WHEREOF, I have hereunto set my hand and have caused the seal of the Town of Cary to be affixed this 9/11/2014.

                                                                                    ____________________________

                                                                                    Karen C. Gray, Deputy Town Clerk