TOWN OF CARY, NORTH CAROLINA
REQUEST FOR ANNEXATION 

Annexation Petition Number:   13-A-22
Property Addresses:   7825, 8001 Stephenson Road; and other unaddressed property off Stephenson Road
Wake County Parcel Numbers:  0751903152 (portion), 0751901438 (portion), 0751903821 (portion) 
Real ID Numbers:   0055992 (portion), 0090165 (portion), 0090736 (portion)
Petition Date:   9/25/2013              

OWNER(S):
Wilbert & Bobbie Pollard

245 E 93rd Street, Apt. 7E

New York, NY 10128-3964

Blanche Harris

7825 Stephenson Road

Apex, NC 27539-7086

Wilbert Pollard & Michael Mclean

245 E 93rd Street, Apt. 7E

New York, NY 10128-3964

LOCATION:   1,650 feet west of Kildaire Farm Road and Ten Ten Road intersection

MAP:     Vicinity Map

ZONING & PROPOSED USE:
Current Zoning:   Wake County Residential 30 (R-30)      
Acreage:   19.38 plus 0.00 adjacent right of way = 19.38 total deeded acres

Contiguous to Primary Corporate Limits:   Yes

% Contiguity (excluding satellite town limits):   22%    
Existing Use:    Residential (detached dwelling); vacant

Proposed Use:   Residential           
Active Associated Case(s):  13-REZ-20 (Pollard-Harris Property at Stephenson Road)     

UTILITIES:

Water:    50 feet south                           
Sewer:   On Site    

DISTRICTS & TAX VALUE:
Fire District:   Fairview #1                                             
Voting District:  C
Tax Value:    $1,107,070 

MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:   10/24/2013
Staff Recommendation:  Forward to public hearing on 12/19/2013
Action:      Forwarded to public hearing on 12/19/2013 

Town Council – Public Hearing:   1/9/2014
Staff Recommendation:  Defer action to a future council meeting to allow final vote on the annexation to coincide with final vote on the associated 13-REZ-20 (Pollard-Harris Property at Stephenson Road)
Action:   Public hearing opened and closed; Staff directed to add case to future agenda for ordinance adoption

Town Council – Ordinance Adoption:   2/13/2014
Staff Recommendation:    Adoption with an effective date determined by Council action
Action:   

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

13-A-22

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

WHEREAS, on 9/25/2013, the Town Council has been petitioned under G.S. 160A-31 to annex the area described below:

Wilbert & Bobbie Pollard; Blanche Harris; Wilbert Pollard & Michael Mclean; Wake County Parcel Identification #0751903152 (portion), 0751901438 (portion), 0751903821 (portion); including 19.38 acres, plus 0.00acres of adjacent right-of-way; which are Contiguous to the existing municipal limits of the Town of Cary; and

WHEREAS, on 10/24/2013, the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and

WHEREAS, on 10/24/2013, 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 12/19/2013at 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

Being a non-platted portion of those tracts or parcels of land, identified in the Wake County Geographic Information System with PIN # 0751-90-3152, PIN # 0751-90-1438 and PIN #0751-90-3821 and also identified as Lot 2, Lot 3 and Lot 4 as shown in Book of Maps 1974 Page 270, with current ownership being shown as Wilbert Pollard & Bobbie T. Pollard (Lot 2 - DB 3404 Page 0085), Blanche Harris (Lot 3 - DB 2279 Page 459) and Wilbert Pollard & Michael McLean (Lot 4 - DB 4659 Page 871) lying and being in the Swift Creek Township, Wake County, North Carolina and being more particularly described as follows:  

Beginning at an existing iron bar, said bar being the northeast corner of Lot 4 (Book of Maps 1974 Page 270), thence S 00° 29' 17" W for a distance of 1036.38 feet to a point, said point being the southeast comer of Lot 2 (Book of Maps 1974 Page 270), thence N 87° 11' 48" W for a distance of 360.25 feet to a point, thence N 22° 14' 53" W for a distance of 137.87 feet to a point, thence N 39° 11' 18" W for a distance of 72.03 feet to a point, thence N 51 ° 23' 06" W for a distance of 73.24 feet to a point, thence N 25° 58' 04" W for a distance of 44.94 feet to a point, thence N 54° 24' 06" W for a distance of 61.89 feet to a point, thence N 48° 07' 53" W for a distance of 56.30 feet to a point, thence N 15° 28' 18" W for a distance of 54.57 feet to a point, thence N 36° 27' 31" W for a distance of 3.94 feet to a point, thence N 36° 27' 31" W for a distance of 72.70 feet, thence N 30° 11' 25" W for a distance of 101.96 feet to a point, thence N 10° 18' 45" W for a distance of 86.73 feet to a point, thence N 13° 25' 35" W for a distance of 122.02 feet to a point, thence N 89° 13' 24" W for a distance of 103.44 feet to a point, thence N 00° 46' 36" E for a distance of 100.00 feet to a point, thence N 89° 36' 31" W for a distance of 506.67 feet to a point at the beginning of a non-tangential curve, said point being on the public right of way of Stephenson Road (S.R. 1302), then continuing along said right of way and along said curve to the left, with a chord bearing and distance of N 36° 46' 57" W 98.62 feet, a radius of 828.03 feet to a point at the beginning of a non-tangential curve, said point being on the public right of way of Stephenson Road (S.R. 1302), then continuing along said right of way and along said curve to the left, with a chord bearing and distance of N 42° 40' 15" W 82.68 feet, a radius of 614.85 feet to a point, thence leaving said right of way N 23° 18' 40" E for a distance of 50.96 feet to a point, thence, N 57° 50' 50" E for a distance of 86.56 feet to a point on the northern line of Lot 4 (Book of Maps 1974 Page 270), thence S 87° 14' 54" E a distance of 1422.77 feet to Point and Place of Beginning, containing 19.37 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 C 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