Town of Cary
North Carolina

Annexation Resolution

18-A-12 AKM Properties, LLC Annexation


Department:Planning and Development ServicesSponsors:

Speaker: Desmond Corley, Planning

Executive Summary:  The owners of property located at 1426 Old Trinity Circle and unaddressed property on Deerwood Place (450 feet east of Trinity Road and Deerwood Place intersection) have petitioned for annexation of the property.  Pursuant to statute, the Town Clerk has determined the petition to be sufficient, and Council must now consider whether to call for a public hearing on the request.

Associated Case(s):  None

Recommendation:  That Council adopt a resolution calling for a public hearing on 8/23/2018.


The documents that Council will review at this meeting are attached.




Owners of property located outside of the corporate limits of the Town that desire to develop using Town utilities or that otherwise desire to be located in the corporate limits must first petition to be annexed, pursuant to the requirements of either NCGS Chapter 160A, Article 4, Part 1, when their property is contiguous to the corporate limits, or to NCGS Chapter 160A, Article 4, Part 4, when their property is not contiguous to the corporate limits.  In either case, if Council wishes to proceed with an annexation, Council must adopt a resolution calling for a public hearing on the matter. 


Once property is annexed, the property and its citizens become subject to all the laws, ordinances, and regulations of the Town and are entitled to receive the services the Town provides (fire and police protection; solid waste; utilities; etc).  If the annexed property is located in an area served by a rural fire department, the Town may also be required to assume a proportionate share of any debt related to equipment or facilities of the rural fire department.  If the property is located outside of the Town’s extraterritorial jurisdiction, the property owner must also submit a rezoning application in order to establish initial Town zoning designation upon annexation.       




The owners of the following property filed an annexation petition with the Town on 6/20/2018.             



Property Owner(s)

Address List








Real Estate ID




AKM Properties, LLC

P.O. Box 98211

Raleigh, NC 27624-8211

1426 Old Trinity Circle




unaddressed property on Deerwood Place





Adjacent Right-of-Way



Total Acres



Click the map to see surrounding development activity.



This annexation includes two properties which the owner wishes to connect to the Town’s water and sewer systems.  The properties are located within the Town’s extra-territorial jurisdiction (ETJ) and are currently zoned Residential 12.  Based on Wake County tax records, one of the properties is currently vacant and the other parcel contains a detached dwelling.  No rezoning or development plan approval is associated with this annexation.  The properties must be annexed into the Town prior to connecting to water and sewer services.


As required by statute, the Town Clerk has certified that the petition is valid.  The following information may be useful as Council decides whether to call for a public hearing on the requested annexation.   

Current Zoning:  Residential 12 (R-12)  

Acreage:  0.882 plus 0.191 adjacent right of way = 1.073 total acres

Contiguous to Primary Corporate Limits:   Yes; 59.8 % contiguous (excluding satellite town limits)

Existing Use:   Residential; Vacant

Proposed Use:   Residential (connect to Town utilities)              


Water:    Adjacent to the site             
Sewer:   (REID 0015776: Adjacent to the site)

               (REID 0015777: 70 feet east)             

Fire District:   Western Wake Fire District                           
Voting District:  B
Tax Value:   $ 207,195.               


If, after the public hearing, Town Council decides to proceed with the annexation, Council will consider adopting an ordinance substantially similar to the following:



DRAFT Ordinance



AKM Properties, LLC                                                                                         






              WHEREAS, the Town Council has been petitioned under G.S. 160A-31 to annex the area described below in Section 1 (the “Annexation Area”); and


              WHEREAS, the Annexation Area is contiguous to existing Town limits; and


              WHEREAS, the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and


              WHEREAS, on 7/26/2018, 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 as required by law, which publication may have been on the Town of Cary website; and


              WHEREAS, the matter came for public hearing before the Town Council of the Town of Cary on 8/23/2018, at which time the owner of the Annexation Area and all Town residents were allowed to be heard; and


              WHEREAS, the Town Council finds that 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 Annexation Area described below is hereby annexed to and made a part of the Town of Cary, effective on the date written below with a condition that the property owner connect to Town of Cary utilities based upon the Town’s policy(ies) in place on the effective date of this ordinance. 



Parcel Identification #0774458855; 0774459843;



Lots 39 & 40 as shown in Wake County Book of Maps 2018, Page 01203


The Annexation Area also includes all intervening streets, street rights-of-way, creeks, rivers, rights-of-way of any railroad or other public service corporation, or lands owned by the State of North Carolina or any of its political subdivisions.  The annexation includes 0.191 acres of adjacent right-of-way.


              Section 2.  That from and after the effective date of this ordinance, the Annexation Area 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 Town. The Annexation Area 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 or Chatham County, whichever is applicable to the annexed property, and in the Office of the Secretary of State of North Carolina.


              Section 4.  Pursuant to G.S. 160A-22, the Town Clerk is directed to update the Official Town Map (“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.


              Section 5.  Pursuant to G.S. 160A-23, the boundaries of Electoral District B 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.  A copy of the Map shall be delivered to the Wake County Board of Elections or Chatham County Board of Elections, whichever is applicable to the annexed property, as required by G.S. 163-288.1.