TOWN OF CARY, NORTH CAROLINA
REQUEST FOR ANNEXATION

Annexation Petition Number:   07-A-11
Property Addresses:   5013, 5016, 5020, 5128 NC 55 Highway; and other unaddressed properties
Wake
County Parcel Numbers:  0736327647, 0736511799, 0736227527, 0736233947, 0736233114, 0736221835, 0736147496 portion
Real ID Numbers:  0342428, 0342627, 0351682, 0018420, 0020203, 0054841, 0177195 portion
Petition Date:  
1/29/2007               
Proposed Effective Date:   9/11/2007

OWNERS:
KRG/Prisa II Parkside LLC
30 S. Meridian Street, Suite 1100
Indianapolis, IN
46204

Research Triangle Foundation of NC
P. O. Box
12255
Durham
, NC 27709-2255

LOCATION:   At the intersection of NC55 Highway and O'Kelly Chapel Road

MAP:     Vicinity Map

ZONING & PROPOSED USE:
Current Zoning:  
Industrial 11 Wake (I-11W) and Office, Research & Development (ORD) in a Mixed Use Overlay District
Acreage:  
125.19 plus 0 adjacent right of way = 125.19 total deeded acres
% Contiguity:  0
                     
Contiguous to Corporate Limits:  
No 
Proposed Use:   Mixed use development           
Associated Rezoning Case:   
07-REZ-06 (Parkside Town Commons)     
Associated Development Plan:  
07-SP-012 (Parkside Town Commons)

UTILITIES:
Water:   
16"DIP 1,800' southwest         
Sewer:   On Site  

DISTRICTS & TAX VALUE:
Fire District:  
Morrisville                                              
Voting District: 
A
Tax Value:   
$4,604,770

MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:   8/11/2007
Staff Recommendation:       Forward to public hearing on 9/11/2007
Action:     Forwarded to public hearing on 9/11/2007

Town Council – Ordinance Adoption:   9/11/2007
Staff Recommendation: 
  Adoption with an effective date of 9/11/2007
Action:   
   
The document that Council will consider for adoption at this meeting follows:

07-A-11

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

WHEREAS, on 1/29/2007 , the Town Council has been petitioned under G.S. 160A-58.1 to annex the area described below:

KRG/Prisa II Parkside LLC; Research Triangle Foundation of NC; Wake County Parcel Identification #0736147496 portion, 0736327647, 0736511799, 0736227527, 0736233947, 0736233114, 0736221835; including 125.19 acres, plus 0 acres of adjacent right-of-way; which are Non Contiguous to the existing municipal limits of the Town of Cary; and

WHEREAS, on 8/23/2007 , the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and

WHEREAS, on 8/23/2007, 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 9/11/2007, 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:

a.  The nearest point on the proposed satellite corporate limits is not more than three miles from the corporate limits of the Town.

b.  No point on the proposed satellite corporate limits is closer to another municipality than to the Town.

c.  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.

d.  No subdivision, as defined in G.S. 160A-376, will be split up by this proposed annexation.

e.  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.

f.   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 attached map, is hereby annexed to and made a part of the Town of Cary, effective on 9/11/2007 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 .

LEGAL DESCRIPTION
Wake County Parcel Identification #’s:  0736327647, 0736511799, 0736227527, 0736233947, 0736233114, 0736221835

And

METES AND BOUNDS DESCRIPTION (for PIN #0736147496 portion)
Beginning at a point whose Northing is 765117.792 and whose Easting is 2031344.159;
thence bearing S 89-36-44.575 E a distance of 313.426  feet ;
thence bearing N 63-50-3.883 E a distance of 165.809  feet ;
thence along a curve to the LEFT, having a radius of 1959.860  feet, a delta angle of 11.70, and whose long chord bears S 42-46-32.988 E a distance of 399.386  feet ;
thence bearing S 0-33-27.592 W a distance of 29.950  feet ;
thence bearing S 0-43-58.073 W a distance of 1513.758  feet ;
thence along a curve to the LEFT, having a radius of 5135.000  feet, a delta angle of 3.58, and whose long chord bears N 30-55-17.940 W a distance of 320.971  feet ;
thence bearing N 28-54-56.780 W a distance of 119.413  feet ;
thence along a curve to the RIGHT, having a radius of 5135.000  feet, a delta angle of 16.46, and whose long chord bears N 19-30-51.008 W a distance of 1470.321  feet to the point of beginning.

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 9/11/2007 .

***************************************************
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 9/11/2007 .

IN WITNESS WHEREOF, I have hereunto set my hand and have caused the seal of the Town of Cary to be affixed this 9/11/2007 .

                                                                                                _________________________
                                                                                                Sue Rowland, Town Clerk