Annexation Petition Number:   12-A-15 
Property Addresses:   Unaddressed properties 
Wake County Parcel Numbers:  0733772367, 0733763757 
Real ID Numbers:   0288461, 0288460 
Petition Date:   8/23/2012               

OWNER(S):

Leon W. & Shirley W. Herndon

6828 Turner Creek Road

Cary, NC 27519-5663 

Kathleen Lassiter Burt

6824 Turner Creek Road

Cary, NC 27519-5663 

LOCATION:   At the northwest corner of Turner Creek Road, NC 55 Highway, and Lewey Drive intersection

MAP:     Vicinity Map

ZONING & PROPOSED USE:
Current Zoning:   Wake County Residential 40 (R-40W); Wake County Highway District (HD)        
Acreage:   15.78 plus 2.98 adjacent right of way = 18.76 total deeded acres

Contiguous to Primary Corporate Limits:   Yes

% Contiguity (excluding satellite town limits):   73%
Existing Use:   Vacant

Proposed Use:   Single-family attached residential (townhome development)
Active Associated Case(s):   12-REZ-20 (Herndon Burt Property)        

UTILITIES:

MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:   9/27/2012
Staff Recommendation:  Forward to Public Hearing on 10/25/2012
Action:  Forwarded to public hearing on 10/25/2012     

Town Council – Public Hearing:   10/25/2012
Staff Recommendation:   Defer action to a future council meeting to allow final vote on the annexation to coincide with final vote on the associated rezoning (12-REZ-20)
Action:   Public hearing opened and closed; Staff directed to add case to future agenda for ordinance adoption 

Note:  On 1/7/2013, applicant requested rezoning case be removed from 1/14/13 PZ meeting agenda.
Note:  At 5/23/2013 TC Meeting; applicant requested case be tabled until REZ case goes back to P&Z Board for another Public Hearing (6/17/2013). 

Town Council – Ordinance Adoption:   8/8/2013
Staff Recommendation:   Forward for ordinance adoption on 8/8/2013
Action:    Council tabled case until a future council meeting

Town Council – Ordinance Adoption:   1/30/2014
Recommendation:   Adoption with an effective date determined by Council action
Action:    Council continued case to 2/13/2014 meeting

Town Council – Ordinance Adoption:   2/13/2014 (Meeting Canceled due to weather)
Recommendation:   Adoption with an effective date determined by Council action
Action:    N/A; Case Withdrawn on 2/13/2014 by applicant

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

12-A-15

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

WHEREAS, on 8/23/2012, the Town Council has been petitioned under G.S. 160A-31 to annex the area described below:

Leon W. & Shirley W. Herndon; Kathleen Lassiter Burt; Wake County Parcel Identification #0733772367, 0733763757; including 15.78 acres, plus 2.98 acres of adjacent right-of-way; which are Contiguous to the existing municipal limits of the Town of Cary; and

WHEREAS, on 9/27/2012, the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and

WHEREAS, on 9/27/2012, 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 10/25/2012 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 2/13/2014 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 #0733772367, 0733763757

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 2/13/2014.
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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 2/13/2014.

IN WITNESS WHEREOF, I have hereunto set my hand and have caused the seal of the Town of Cary to be affixed this 2/13/2014.

                                                                                    _________________________

                                                                                    Sue Rowland, Town Clerk