TOWN OF CARY, NORTH CAROLINA
REQUEST FOR ANNEXATION

Annexation Petition Number:   07-A-28
Property Addresses:   2420, 2424, 2416, 2412,
2422 Davis Drive; 1720 High House Road 
Wake
County Parcel  Numbers:  0744546545, 0744546069, 0744536888, 0744537617, 0744537461, 0744632895
Real ID Numbers:   0335120, 0209840, 0206403, 0335887, 0335888, 0365272
Petition Date:  
11/7/2007
Proposed Effective Date:   1/24/2008

OWNERS
:
High House Davis LLC
4309 Emperor Boulevard, Suite 110
Durham , NC 27703-8046

John and Kathy Orum
1600 High House Road
Cary , NC 27513-3411

Kathy Orum Trustee ET AL (F/B/O Abby E. Orum)
1600 High House Road
Cary , NC 27513-3411

LOCATION:   Intersection of Davis Drive Road and High House Road

MAP
:     Vicinity Map

ZONING & PROPOSED USE:
Current Zoning:  
Residential 40 (R-40) 
Acreage:   
41.84 plus 3.57 adjacent right of way = 45.41 total deeded acres
Contiguous to Primary Corporate Limits:   Yes
% Contiguity:   45%                 
Existing Use: 
Vacant and Residential 
Proposed Use:  Mixed Use Development in a Mixed Use Overlay District
A
ssociated Rezoning Case:   
None     
Associated Development Plan:  
07-SP-114 (Park Place)            

UTILITIES:
Water:   
On Site  
Sewer:   On Site  

DISTRICTS & TAX VALUE:
Fire District:  
Morrisville                                              
Voting District: 
A
Tax Value:   
$348,696

MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:  
12/13/2007
Staff Recommendation: 
 Forward to public hearing on 1/24/2008    
Action: 
     Forwarded to public hearing on 1/24/2008

Town Council – Public Hearing:   1/24/2008
Staff Recommendation: 
     Adoption with an effective date of 1/24/2008
Action: 
     Adopted with an effective date of 1/24/2008

Town Council – Ratification and Correction of Previously Adopted Ordinance:  4/7/2008
Staff Recommendation: 
    Ratification of ordinance to correct typographical errors in property owners’ names
Action:       

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

07-A-28                   

CORRECTION AND RATIFICATION OF AN ORDINANCE
ANNEXING LANDS CONTIGUOUS TO THE MUNICIPAL BOUNDARIES OF THE TOWN OF CARY
 (TO CORRECT TYPOGRAPHICAL ERRORS IN PROPERTY OWNERS NAME)

            WHEREAS, on 11/7/2007 , the Town Council has been petitioned under G.S. 160A-31 to annex the area described below:

High House Davis LLC; John & Kathy Orum; Kathy Orum Trustee ET AL (F/B/O Abby E. Orum) , Wake County Parcel Identification #’s 0744546545, 0744546069, 0744536888, 0744537617, 0744537461, 0744632895; including 41.84 acres, plus 3.57 acres of adjacent right-of-way; and

 

            WHEREAS, the above described are is contiguous to existing Town limits; and

             WHEREAS, on 12/13/2007 , the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and

             WHEREAS, on 12/13/2007, 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 1/24/2008, 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 attached map, is hereby annexed to and made a part of the Town of Cary, effective on 1/24/2008 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 0744546545, 0744546069, 0744536888, 0744537617, 0744537461, 0744632895

            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.

Corrected and Ratified on 4/7/2008 .

***************************************************
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 corrected and ratified at the meeting of the Town Council held on 4/7/2008 .

            IN WITNESS WHEREOF, I have hereunto set my hand and have caused the seal of the Town of Cary to be affixed this 4/7/2008 .

(Official Seal)

                                                                                    _________________________
                                                                                    Sue Rowland, Town Clerk