AGENDA ITEM COVER SHEET

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Elijah Higgins
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1 AGENDA ITEM COVER SHEET Use this form when submitting items for the Town Council Agenda PUBLIC HEARING No. 05 Meeting Date: August 15, 2017 Requesting Department: Planning Presenter(s): Shelly Mayo, Planner II ITEM DESCRIPTION (Brief) Public Hearing and possible motion to adopt an Ordinance on the Question of Annexation Apex Town Council s intent to annex La Mission De L Esprit Saint Erl (Garris Road) property containing acres located at 0 Garris Road, Annexation 608 the Town s corporate limits. ITEM DETAIL (Expanded from Item Description) Approval Recommended? Yes By: Planning Department ATTACHMENTS (Number items if more than one) 1. Annexation Ordinance 2. Annexation Petition 3. Legal Description 4. Preliminary Plat

TOWN OF APEX, NORTH CAROLINA Municipality No. 333 After recording, please return to: Donna Hosch, MMC, NCCMC, Town Clerk Town of Apex P.O. Box 250 Apex, NC 27502 ORDINANCE NO.

2 TOWN OF APEX, NORTH CAROLINA Municipality No. 333 After recording, please return to: Donna Hosch, MMC, NCCMC, Town Clerk Town of Apex P.O. Box 250 Apex, NC ORDINANCE NO ANNEXATION PETITION NO. #608 New Hill Development, LLC AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF APEX, NORTH CAROLINA P.O. Box 250, Apex, North Carolina WHEREAS, the Apex Town Council has been petitioned under G.S. 160A-58.1, as amended, to annex the area described herein; and WHEREAS, the Apex Town Council has by Resolution directed the Town Clerk to investigate the sufficiency of said petition; and WHEREAS, the Town Clerk has certified the sufficiency of said petition and a public hearing on the question of this annexation was held at Apex Town Hall at 7:00 p.m. on August 15, 2017, after due notice by posting to the Town of Apex website, and WHEREAS, the Apex Town Council does hereby find as a fact that said petition meets the requirements of G.S. 160A-58.1, as amended.

3 Page 2 NOW, THEREFORE, BE IT ORDAINED by the Town Council of Apex, North Carolina: Section 1. By virtue of the authority granted by G.S. 160A-58.1, as amended, the territory described in the attached property description and also shown as Annexation Area on the below identified survey plat is hereby annexed and made part of the Town of Apex, North Carolina, as of the date of adoption of this Ordinance on August 15, The survey plat that describes the annexed territory is that certain survey plat entitled Satellite Annexation Plat for the Town of Apex, Thompson & Associates, PA, dated 7/11/17 and recorded in Book of Maps book number 2017 and page number, Wake County Registry. Section 2. Upon and after the adoption of this ordinance, the territory described herein and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Apex, North Carolina, and shall be entitled to the same privileges and benefits as other parts of the Town of Apex. Said territory shall be subject to municipal taxes according to G.S. 160A-58.10, as amended. Section 3. The Clerk of the Town of Apex, North Carolina shall cause to be recorded in the Office of the Register of Deeds of Wake County and in the Office of the Secretary of State at Raleigh, North Carolina and in the Office of the Wake County Board of Elections an accurate map of the annexed territory, described in Section 1 hereof, together with a duly certified copy of this Ordinance. Adopted this the 15 th day of August ATTEST: Lance Olive Mayor Donna B. Hosch, MMC, NCCMC Town Clerk APPROVED AS TO FORM: Laurie L. Hohe Town Attorney

4 Page 3 Legal Description DESCRIPTION OF ACRES Being located in Buckhorn Township, Wake County, North Carolina and being bounded on the west by the Town of Apex as described in Deed Book 15654, Page 273 and Book of Maps 2011, Page 412; on the north by James E. Cannady as described in Deed Book 6558, Page 60 and Book of Maps 1986, Page 2000, and by Ruby Hawkins Mann and Willie Mann as described in Deed Book 3092, Page 136; on the east by NCSR 1180 (Garris Road) and by ATM Development, LLC as described in Deed Book 16666, Page 1922 and Book of Maps 2017, Page 81, and by NCSR 1127 (New Hill-Holleman Road), and by Ina Myrtle Evans as Described in Estate File 2000/1788 and Book of Maps 2017, Page 69, and by Mahvash Khorsand as Described in Deed Book 8627, Page 2402, and by Stanley S. Evans and Debra P. Evans as described in Deed Book 2944, Page 522; and on the south by Florence S. Morrison Family Living Trust as described in Deed Book 4892, Page 577; and being the property of the Mission De L'Sprit Saint Erl as described in Deed Book 12586, Page 44 and Book of Maps 1988, Page 272 and being more particularly described as follows: BEGINNING at an existing iron pipe on the west side of NCSR 1180 marking the southwest corner of ATM Development and having NC State Plane Coordinates N= E= (NAD ) and being located S 02 52'15" W ' ground distance ( ' grid distance CGF= ) from NCGS Monument "Ralph" having NC State Plane Coordinates N= E= (NAD ); Thence S 88 42'56" E ', along the center of a dedicated 60' road right of way and the southern line of ATM Development, LLC and passing existing iron pipes at 43.08' and ', to an existing railroad spike in the center of NCSR 1127; Thence S 27 28'07" E 18.34', along the center of NCSR 1127, to an existing railroad spike at the northeast corner of Ina Myrtle Evans; Thence N 88 37'14" W ' along the north line of Ina Myrtle Evans and passing an existing iron pipe at 34.25', to an existing axle; Thence S 01 11'47" W ', along the west line of Ina Myrtle Evans, to an existing iron pipe in Khorsand's north line; Thence N 89 50'43" W ', along Khorsand's north line and the north line of ATM Development, LLC, to an existing iron pipe at an existing 1" flat steel bar; Thence S 01 28'38" E ', along the west line of A TM Development, LLC, to an existing flat steel bar; Thence S 00 46'52" W 97.57', along the west line of ATM Development, LLC, to an existing flat steel bar, hence S 01 38' 55" E 96.24', along the west line of Ina Myrtle Evans, to an existing iron pipe; Thence S 01 28' 49" W 98.15', along the west line of Ina Myrtle Evans, to an existing iron pipe; Thence S 01 44'51" W ', along the west line of Stanley S. Evans, to an existing iron stake; Thence N 87 05' 48" W ', along the north line of the Florence S. Morrison Family Living Trust, to an existing iron pipe in the east line of the Town of Apex; Thence N 05 02'30" E ', along the east line of the Town of Apex, to an existing iron stake; Thence S 86 49'43" E 63.81', along the east line of the Town of Apex and passing an existing iron stake at 55.93', to an existing iron pipe in the center of Spring Branch; Thence the following eight courses along the center of Spring Branch:

5 N 20 54'25" E 8.23' to a point; N 07 31'17" W 50.00' to a point; N 18 18' 42" E 19.28' to a point; N 00 00'06" W 50.43' to a point; N 21 01'01" W 51.42' to a point; N 01 34'08" E 50.64' to a point; N 14 42'10" W 50.40' to a point; N 01 30'27" W 52.00' to a point; Thence S 87 39'27" E ', along Cannady and Mann's south lines and passing an existing angle iron at 10.00' and an existing iron pipe at ', to an existing iron pipe in the west right of way line of NCSR 1180; Thence S 01 13'13" E ', along the west right of way line of NCSR 1180 and passing an existing iron pipe at ', to the POINT OF BEGINNING, containing acres, more or less as shown on Book of Maps 1988, Page 272. STATE OF NORTH CAROLINA COUNTY OF WAKE CLERK S CERTIFICATION I, Donna B. Hosch, MMC, NCCMC, Town Clerk, Town of Apex, North Carolina, do hereby certify the foregoing is a true and correct copy of Annexation Ordinance No , adopted at a meeting of the Town Council, on the 15 th day of August 2017, the original of which will be on file in the Office of the Town Clerk of Apex, North Carolina. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the Town of Apex, North Carolina, this the 15th day of August (SEAL) Donna B. Hosch, MMC, NCCMC Town Clerk

Sara Copeland, AICP, Community Development Director. Vacating Right-of-Way in the Armour Road Redevelopment Area

MEMORANDUM TO: FROM: Mayor and City Council City Administrator Sara Copeland, AICP, Community Development Director DATE: April 4, 2017 RE: Vacating Right-of-Way in the Armour Road Redevelopment Area As