TOWN OF CARY, NORTH CAROLINA

REQUEST FOR ANNEXATION

Annexation Petition Number:   13-A-05 Chatham County Property Address:   O'Kelly Chapel Road Chatham County Parcel Number:  0726-32-7074 (portion) 
Chatham County Real ID Number:   0019946 (AKPAR) (portion)
Petition Date:   3/1/2013               

OWNER(S):

Coussit Pennie Ellis ETAL; 

Peggy Ellis Buckingham; and

Scott Wheeler Ellis

1120 Cheryl Lane

Wilmington, NC 28405

LOCATION:   2,660 feet east of O'Kelly Chapel Road and Yates Store Road intersection

MAP:    Vicinity Map

ZONING & PROPOSED USE:
Current Zoning:   Residential 1 (R-1) (Chatham County)  
Acreage:   33.75 plus 0.83 adjacent right of way = 34.58 total deeded acres

Contiguous to Primary Corporate Limits:   Yes

% Contiguity (excluding satellite town limits):   30%    
Existing Use:    Vacant

Proposed Use:   Residential (subdivision)
Active Associated Case(s):    13-REZ-01 (Pittard Sears Road Rezoning)

UTILITIES:

Water:    On Site    
Sewer:   160 feet east                           

DISTRICTS & TAX VALUE:
Fire District:   112 - Parkwood                                      
Voting District:  A
Tax Value:    $642,135

MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:   4/18/2013
Staff Recommendation:  Forward to public hearing on 5/23/2013
Action: Forwarded to public hearing on 5/23/2013  

Town Council – Public Hearing:  5/23/2013
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 (13-REZ-01)
Action:   Public hearing opened and closed; Council directed to put on future agenda

 Town Council – Ordinance Adoption:   7/25/2013 

Staff Recommendation:  Adoption with an effective date determined by Council action
Action:

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

13-A-05

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

WHEREAS, on 3/1/2013, the Town Council has been petitioned under G.S. 160A-31 to annex the area described below:

Coussit Pennie Ellis ETAL; Peggy Ellis Buckingham; and Scott Wheeler Ellis; Chatham County Parcel Identification #0726-32-7074 (portion); including 32.05 acres, plus .83 acres of adjacent right-of-way; which are Contiguous to the existing municipal limits of the Town of Cary; and

WHEREAS, on 4/18/2013, the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and

WHEREAS, on 4/18/2013, 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 5/23/2013 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 7/25/2013 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 a new iron pipe on the western right of way of Pittard Sears Road (SR 1732) (50 Public R/W), said pipe being North 30°09’05” West 38,867.40 feet from NCGS Survey Monument “A Earl Smith”, said monument having NC grid coordinates (NAD 83 – 2011) of North=727,659.310, East=2,043,744.810, thence from said Beginning point leaving said right of way North 80°15’33" West 1045.74 feet to an existing iron pipe, thence North 10°30’18" East 42.56 feet to an existing iron pipe, thence North 09°50’05" East 1,247.19 feet to a new iron pipe on the southern right of way of O’Kelly Chapel Road (SR 1731), thence with said right of way North 80°17’28" East 41.22 feet to a point, thence North 79°40’30" East 50.91 feet to a point, thence North 79°08’11" East 50.04 feet to a point, thence North 78°59’33" East 50.64 feet to a point, thence North 79°06’50" East 49.82 feet to a point, thence North 79°23’14" East 49.32 feet to a point, thence North 80°34’27" East 49.18 feet to a point, thence North 82°43’02" East 48.29 feet to a point, thence North 85°23’31" East 48.00 feet to a point, thence North 88°38’18" East 47.58 feet to a point, thence South 88°10’04" East 47.73 feet to a point, thence South 84°49’49" East 48.25 feet to a point, thence South 81°40’51" East 48.03 feet to a point, thence South 79°17’01" East 47.36 feet to a point, thence South 77°09’13" East 48.87 feet to a point, thence South 75°08’13" East 49.99 feet to a point, thence South 73°27’05" East 49.60 feet to a point, thence South 72°56’17" East 128.58 feet to an existing iron pipe, thence leaving said right of way South 02°50’03" West 501.31 feet to an existing iron pipe, thence South 02°40’24" West 40.98 feet to an existing iron pipe on the western right of way of Pittard Sears Road (SR 1732) (50 Public R/W), thence with said right of way along a curve to the left having a radius of 597.96 feet, an arc length of 92.83 feet, and a chord bearing and distance of South 11°13’34" West 92.74 feet to a new iron pipe, thence South 06°46’44" West 513.84 feet to a new iron pipe, thence along a curve to the left having a radius of 2,889.61 feet, an arc length of 247.08 feet, and a chord bearing and distance of  South 04°19’45" West 247.01 feet to a new iron pipe, thence South 01°52’47" West 34.17 feet to the point and place of Beginning containing 32.055 acres more or less according to the map by Withers & Ravenel entitled “ External Boundary Survey for Epcon Communities Carolinas, L.L.C. of Ellis Property” dated March 28, 2013. 

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 7/25/2013

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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 7/25/2013.

IN WITNESS WHEREOF, I have hereunto set my hand and have caused the seal of the Town of Cary to be affixed this 7/25/2013.

                                                                                    _________________________

                                                                                    Sue Rowland, Town Clerk