TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Annexation Ordinance for Area 2 (the Southern Village Area)
DATE: April 9, 2001
Attached are alternate resolutions revising the Service Reports for Area 2, an alternate resolution delaying Council consideration of the annexation until June 11, 2001, and alternate ordinances for annexing Area 2 effective at 11:59 p.m. on June 30, 2001. We recommend the Council adopt Resolution B amending the Service Report and Ordinance B annexing the area without two lots in the northwestern corner of the area effective at 11:59 p.m. on June 30, 2001.
Annexation Area 2 (the Southern Village area) consists of land that is generally located south of Town, primarily located west of US Highway 15-501. The area includes the Southern Village development, Town-owned land for a future community park, Town-owned land for a fire station and open space, and Phase II of the Hundred Oaks development.
There are multiple options for annexation of Area 2. A key decision for the Town Council is whether to annex Area 2 this year or next. Because of the timeframes outlined in State law for annexations, if the Town Council wishes to annex Area 2 this year, action has to be taken tonight. If, on the other hand, the Town Council wishes to annex Area 2 next year, then no action can be taken tonight. Instead, action would need to be taken on June 11, 2001. The Town Council also has the option of annexing the entire Area 2, as proposed in the Service Report and subsequent March 19 public hearing, or a reduced Area 2 that would exclude two parcels in question in the northwestern corner of the area. This option is described in more detail in the “Comments at Public Hearing” section of this memorandum. We also propose amendments to the Service Report to reflect better revenue and cost estimates, and to adjust a legally required calculation if the two parcels are removed.
Resolution A would amend the Service Report adopted by the Town Council on January 22, 2001 to revise our estimate of revenues and expenditures for Area 2.
Resolution B would amend the Service Report adopted by the Town Council on January 22, 2001, to revise our estimate of revenues and expenditures for Area 2, and would adjust calculations of the contiguity of the annexation to the current city limits to remove two parcels in the northwest corner of the area as discussed at the public hearing on March 19, 2001.
Resolution C would defer Council consideration of annexing Area 2 until June 11, 2001, in order to delay the effective date of annexation until June 30, 2002.
Ordinance A would annex the entire Area 2 as originally discussed at the March 19, 2001 public hearing effective at 11:59 p.m. on June 30, 2001.
Ordinance B would annex Area 2 with the two parcels in the northwest corner removed effective at 11:59 p.m. on June 30, 2001.
We recommend the Council adopt Resolution B and Ordinance B.
BACKGROUND
In accordance with State laws on annexation, the Town Council has taken the following actions in considering the proposed annexation area:
November 22, 1999 Adopted a resolution designating this area and other areas as being under consideration for future annexation.
January 8, 2001 Adopted a resolution of intent to consider annexing this area and called a Public Hearing for March 19, 2001.
January 22, 2001 Approved a report setting forth plans for extending and financing municipal services to this area on substantially the same basis and in the same manner as for the rest of the Town. The service plans are prepared in accord with State annexation laws (G.S. 160A-47 and other sections).
March 19, 2001Public hearing to receive comments from residents and owners of property in the annexation area and from residents in the present Town limits.
Under annexation laws, the Council may adopt an annexation ordinance between 10 and 90 days after a public hearing. The annexation may go into effect between 70 and 400 days after adoption of the ordinance.
COMMENTS AT PUBLIC HEARING
1. Can Town services be provided to two lots west of Southern Village served by a private drive off Smith Level Road? Owners of these properties asked that these lots not be annexed at this time, citing the difficulty of providing services to the lots using their private drive. In addition, the owners noted the cost of connecting to Orange Water and Sewer Authority could be in excess of $9,000.
Town services can be provided to the two lots in question. While we verified that provision of services to these two lots is possible, it may be inefficient. The owners of the lots expressed a desire at the public hearing to continue with present service provision conditions. In this case, the inefficiencies associated with providing services to these two lots may outweigh the benefits of including the two lots in this annexation. Upon further review, we concur with the request of the property owners of the two lots in question, and recommend this area be removed from the annexation area.
In terms of the provision of water and sewer, the annexation law requires that the annexation service reports set forth the Town’s plans for extending major public water mains into the annexation areas if such lines are not already present. No major water or sewer line extensions are needed to meet legal requirements. Extension within the annexation area is done under the extension and financing policies of the Orange Water and Sewer Authority and of the Town of Chapel Hill. Under OWASA’s policies, benefiting property owners bear most of the cost of such extensions. The Town of Chapel Hill has a Sewer Assistance Policy which would provide financial assistance to eligible property owners of a 20% subsidy to sewer projects for existing neighborhoods with private systems, with a cap of $4,500 per lot.
2. What Town services will an owner receive for the increase in taxes? An owner of property stated that no new services will be provided other than transit.
The Town will provide services on substantially the same basis and in the same manner as such services are provided in the rest of the Town. The Town Council approved a Service Report on January 22, 2001 which describes these services in detail. A summary of services provided follows:
Public Works: The proposed annexation area is in the same area as that portion of Town that started once a week curbside pickup service this year on February 5, 2001. The Town will pay for current private refuse collection to continue, with weekly collection.
The Town provides street maintenance services, including leaf collection, street cleaning, and street lighting, street paving, street signs, traffic control signs and markings, and street maintenance.
Police: The Town will provide police services to the area.
Fire: The Town will provide fire protection services to the area. In addition, the North Chatham Volunteer Department will respond to fire emergencies in the annexation area for a five-year period following the effective date of annexation. Currently, only the North Chatham Volunteer Department provides services. As a result in the upgrade in service, we anticipate that insurance rates for homeowners will be reduced as the result of a change in the fire insurance classification of the area from 7 (for Southern Triangle rural fire district) to 3 (for Town of Chapel Hill).
Public Transportation: Transit service will be extended into the proposed annexation area through the combination of a fixed transit route and demand response services (EZ Rider and Evening/Sunday Shared Rider services).
A citizen noted that he and his neighbors also have access to parks and recreation facilities and the library. Annexation would allow them to contribute to the capital and operating costs now supported by the taxpayers of Chapel Hill.
3. A citizen suggested that annexation be postponed until a refuse collection system is drawn up that neighbors can live with, the fire station is done, and a traffic light added at Arlen Park Drive.
A staff report reviewing the timing of annexation is attached (please see Attachment 3).
As noted in the Service Report, residential refuse collection “will be provided either in alleys or streetside, depending on current collection practice in the annexation area. This would mean in some cases collection from the private alleyways, provided the Town receives satisfactory authorization from the owners to use the alleyways.”
The fire station is scheduled to be completed in December, 2001. Until that time, the Town will use a temporary fire station arrangement in proximity to the annexation area.
A traffic light is planned for Arlen Park Drive and Bennett Road as part of the road widening improvements to U.S. 15-501 South. After the widening is completed in the next one to two years, the State Department of Transportation will install a traffic signal at this location.
4. A Council member asked staff to look again at the timing of annexation. What is the downside to waiting?
A staff report reviewing the timing of annexation is attached (please see Attachment 3).
In the Service Report, we made a mistake in reporting the estimated costs for payments to private sanitation firms. Table 1, Appendix E, of the Service Report shows the estimated cost in Year One for payments to private sanitation firms as $49,000. Our more accurate estimate is an increase in cost to $106,300. This would increase the total estimated costs for the annexation area by $57,300 to $1,652,955.
The amended Service Report (Table 2) also shows a change in the tax rate shown in the original report, from 51.0 cents to 52.9 cents, to reflect the overall tax rate that would be necessary to balance the proposed General Fund and Transportation Fund budgets for next year. The change in the proposed rate to 52.9 cents would generate about $36,900 in additional revenue for this annexation area. Resolution “A”, included in this Memorandum, reflects these changes, and Attachment 4 contains revised Tables 1 and 2.
NEXT STEPS
Town departments would implement plans to begin serving the annexation area upon the effective date of annexation. In addition, the annexation ordinance and map would be recorded with the Orange County Register of Deeds and the North Carolina Secretary of State.
About one week before the effective date of annexation, information about Town services would be distributed to area residents.
RECOMMENDATION
The Town of Chapel Hill has been committed to the logical, comprehensive and orderly extension of the corporate limits within the Town’s Urban Services Area. Adoption of an annexation ordinance would continue the Town Council’s policy of annexing areas when they qualify under State law and the town can practically extend and finance municipal services to the qualifying areas.
Manager's Recommendation: As noted above, there are three resolutions and two ordinances for the Council’s review:
Resolution A would amend the Service Report adopted by the Town Council on January 22, 2001 to revise our estimate of revenues and expenditures for Area 2.
Resolution B would amend the Service Report adopted by the Town Council on January 22, 2001 to revise our estimate of revenues and expenditures for Area 2, and would adjust calculations of the contiguity of the annexation to the current city limits to remove two parcels in the northwest corner of the area as discussed at the public hearing on March 19, 2001.
Resolution C would defer Council consideration of annexing Area 2 until June 11, 2001, in order to delay the effective date of annexation until June 30, 2002.
Ordinance A would annex the entire Area 2 as originally discussed at the March 19, 2001 public hearing effective at 11:59 p.m. on June 30, 2001.
Ordinance B would annex Area 2 with the two parcels in the northwest corner removed effective at 11:59 p.m. on June 30, 2001.
We recommend the Council adopt Resolution B and Ordinance B.
1. Map of Annexation Area 2 (p. 20).
2. Map of Annexation Area 2 (excluding 2 lots in northwest portion of area)(p. 21).
3. Memorandum re: Timing of Annexation, Roger Waldon, Planning Director (p. 22).
4. Amended Tables 1 and 2 of Appendix E, Jan. 22, 2001 Service Report (p. 25).
5. Correspondence (p. 27).
ANNEXATION AREA 2 (RESOLUTION A)
A RESOLUTION TO AMEND THE SERVICE REPORT, APPROVED ON JANUARY 22, 2001, FOR ANNEXATION AREA 2 (SOUTHERN VILLAGE AREA)(2001-04-09/R-13a)
BE IT RESOLVED by the Council of the Town of Chapel Hill as follows:
That Tables 1 and 2 of Appendix E of the Service Report are hereby amended to read as shown in Attachment 4 to the Memorandum for Annexation Ordinance for Area 2 (Southern Village Area), dated April 9, 2001.
That a copy of this resolution shall be filed with the Town Clerk.
This the 9th day of April, 2001.
ANNEXATION AREA 2 (RESOLUTION B)
A RESOLUTION TO AMEND THE SERVICE REPORT, APPROVED ON JANUARY 22, 2001, FOR ANNEXATION AREA 2 (SOUTHERN VILLAGE AREA)(2001-04-09/R-13b)
BE IT RESOLVED by the Council of the Town of Chapel Hill as follows:
SECTION 1
That Tables 1 and 2 of Appendix E of the Service Report are hereby amended to read as shown in Attachment 4 to the Memorandum for Annexation Ordinance for Area 2 (Southern Village Area), dated April 9, 2001.
SECTION 2
That pursuant to Subsection 160A-48(b) of the General Statutes, the annexation area is required to be contiguous to the Town of Chapel Hill on more than one-eighth (12.5%) of its boundary and no part of the area shall be within the boundary of another municipality.
Section II.A (General Description of Area) of the Service Report, in part, is hereby amended to read:
“The boundary of the total area to be annexed has 21,578 linear feet, of which 5,763 feet abut the present Town primary corporate limits. Thus, 26.7% of the boundary of the annexation area is contiguous to the present Town primary corporate limits.”
SECTION 3
Section II.D.2 (Character of the Area) of the Service Report is hereby amended to read:
“Over one-eighth (12.5%) of the aggregate external boundary of the area under consideration coincides with the existing Town limits. As noted above, 26.7% of the annexation area boundary is contiguous with the present Town primary corporate limits.”
SECTION 4
That a copy of this resolution shall be filed with the Town Clerk.
This the 9th day of April, 2001.
ANNEXATION AREA 2 (RESOLUTION C)
A RESOLUTION TO DELAY ACTION ON ANNEXATION AREA 2 UNTIL THE TOWN COUNCIL MEETING OF JUNE 11, 2001(2001-04-09/R-13c)
BE IT RESOLVED by the Council of the Town of Chapel Hill as follows:
That the Town Council of Chapel Hill intends to Annex Area 2 (Southern Village Area), effective June 30, 2002, and will delay action on this annexation until the June 11, 2001 Town Council meeting.
That a copy of this resolution shall be filed with the Town Clerk.
This the 9th day of April, 2001.
ANNEXATION AREA 2 (ORDINANCE A)
AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF CHAPEL HILL, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA (2001-04-09/O-3a)
WHEREAS, all of the prerequisites to adoption of this ordinance prescribed in Part 3, Article 4A, Chapter 160A of the General Statutes of North Carolina, have been met; and
WHEREAS, the Council of the Town of Chapel Hill has taken into full consideration the statements presented at the Public Hearing held on the 19th day of March, 2001, on the question of this annexation; and
WHEREAS, the Council of the Town of Chapel Hill has concluded and hereby declares that annexation of the area described herein is necessary to the orderly growth and development of the Town of Chapel Hill;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
SECTION I
From and after 11:59 p.m. on the 30th day of June, 2001, the effective date of this annexation, the following territory shall be annexed to and become a part of the Town of Chapel Hill, and the corporate limits of the Town of Chapel Hill shall on said 30th day of June, 2001, be extended to include said territory more particularly described as follows:
Annexation Area 2: This area (the Southern Village Area) consists of land that is generally located south of Town, primarily located west of US Highway 15-501. The area includes the Southern Village development, Town-owned land for a future community park, Town-owned land for a fire station and open space, and Phase II of the Hundred Oaks development. This area is further described as:
All that certain tract or parcel of land lying, situated and being in Chapel Hill Township, Orange County, North Carolina, being more particularly described as follows:
Being all the area in Orange County, Chapel Hill Township as depicted on Tax Map 122, Block B, Lots 13 and 14; Tax Map 126, Block A, Lots 4, 4R, 4M, 4H, 4U, 4P, 4N, 4J, 5, 6, 6A, 7, 8, 9, 10, 21, 22, 23 and 62; Tax Map 126, Block B, Lot 9; Tax Maps 126D, 126E, 126H, 126F, 126P, 126G 126M and 126N all Lots; Tax Map 128, Block A, Lots 31 and 31A; and being more particularly described as follows:
Beginning at the southernmost point of Lot 31A, Tax Map 128, Block A; said point also being on the western right-of-way of Hwy. 15-501, thence with the western line of Lot 31A and with the eastern lines of lots 2E, 2, 2C, 2D and 2B, Tax Map 128, Block A: in a northerly direction approximately 1,379.8’ to the southern right-of-way of SR 1962 (Dogwood Acres Drive); thence continuing in a northerly direction and with the common line of Tax Map 126, Block A, Lot 31 and Lots 4L and 4D, Tax Map 126, Block A: approximately 652.2’, crossing Dogwood Acres Drive, a 50’ right-of-way, to the northwestern corner of Lot 31, Tax Map 128, Block A; also being the southwestern most corner of Lot 4J, Tax Map 126, Block A; thence with the western line of Lot 4J in a northerly direction and along the eastern line of lots 4A and 4C, Tax Map 126, Block A; and lots 5 and 4, Tax Map 125, Block E; approximately 776.4’ to a turn in the line; thence in a northwesterly direction and with the eastern line of Dogwood Acres subdivision and being the common line between Tax Maps 126, 126H, 126M and Tax Map 124, and crossing Carlton Drive, a 60’ right-of-way, (see: PB 11, Pg. 24) approximately 2084.7’ to a turn in the line, the southeastern corner of Lot 3, Tax Map 126, Block A; thence turning to a northerly direction and with the eastern line of Lot 3, Tax Map 126, Block A and the eastern line of Lot 8A, Tax Map 122, Block B: and being the common line with Lot 813, Tax Map 126M; Lot 4, Tax Map 126, Block A; and Tax Map 126M, Lot 784: approximately 2,034.7’ to the southeastern corner of Lot 13, Block B, Tax Map 122; thence with the southern line of Lot 13 and the northern line of aforementioned Lot 8A, in a westerly direction approximately 885.0’ to the southwestern corner of said Lot 13(see: DB 179 Pg. 588) and being the southeastern corner of Lot 11A, Tax Map 122, Block B; thence turning in a northerly direction and with the western property lines of Lots 13 and 14, Block B, Tax Map 122 and crossing over a portion of Lot 12, Block B, Tax Map 122 ( 30’ right-of-way of Williams Drive) approximately 377.0’ to the northwestern most corner of said Lot 14, said point also being on the existing Chapel Hill Corporate Limits Line; thence with the northern line of said Lot 14, and being the southern line of Kent Woodlands Subdivision (see PB 78 Pg. 82), and proceeding along said Corporate Limits Line and in a easterly direction to the northeastern corner of said Lot 14, said point also being the northwestern most corner of Lot 784, Tax Map 126M (also see: PB 72 Pg. 50 Cobble Ridge Subdivision); thence with the northern line of Lot 784 and Lot 14, Tax Map 126P, and crossing Highgrove Drive (a 60’ right-of way) and with the southern line of Cobble Ridge Subdivision and Culbreth Subdivision (see: PB 82 Pg. 13), and with said Corporate Limits Line in a easterly direction approximately 1,368.0’ to a point said point being the northeastern corner of Lot 14, Tax Map 126P; thence turning in a southerly direction and proceeding with said Corporate Limits Line and the westernmost line of Culbreth Middle School, Lot 8D, Block B, Tax Map 122 approximately 446’ to a point; thence turning in a southeasterly direction and with the Culbreth School line and being the common line with Lot 62, Tax Map 126, Block A: approximately 1199.9’ to a point; thence turning to the northeast and with the Culbreth School line and being the common line with Lot 62, Tax Map 126, Block A: approximately 185.2’ to a point, said point being the southwestern most corner of Culbreth Park Subdivision (see: PB 55 Pg. 61); thence in a southeasterly direction and proceeding along said existing Corporate Limits Line and with the southern line of Lot 8M, Block B, Tax Map 122 and Culbreth Park Subdivision, and the northern line of aforementioned Lot 62 and Lots 4U and 4P, Block A, Tax Map 126: approximately 1330.6’ to the western right-of-way of Hwy. 15-501; thence proceeding with said Corporate Limits Line and crossing Hwy. 15-501 and proceeding with the northern line of Lot 4H, Block A, Tax Map 126 in a southeasterly direction approximately 1203.2’ to a point on the old Bennett Road northern right-of-way line (see: PB 72 Pg. 163 & 164 of Hundred Oaks Subdivision): thence following the old northern right-of-way of said road in a easterly direction approximately 239.0’ to its intersection with the western right-of-way of Mt. Carmel Church Road (SR 1008); thence in a southerly direction, crossing Bennett Road right-of-way and along with the western right-of-way line of Mt. Carmel Church Road approximately 650.2’ to the eastern most corner of Lot 9, Block B, Tax Map 126; said point being the northern most corner of Lot 1, Tax Map 126, Block B; thence departing from said Corporate Limits Line and following the southeastern most line of Lot 9 and in a southwesterly direction with the northwestern line of Lot 1 approximately 440.5’ to a point, said point being the southernmost corner of said Lot 9, Block B, Tax Map 126; thence turning in a northwesterly direction and with the southwestern line of said Lot 9, also being the northernmost line of Lot 2, Block B, Tax Map 126: approximately 707’ to point on the southern line of Lot 21, Block A, Tax Map 126; thence with the southern line of said Lot 21 and with the common line of Lot 2, Block B, Tax Map 126 in a southwesterly direction approximately 828.9’ to the eastern right-of-way of Hwy. 15-501; thence with the eastern right-of-way of Hwy 15-501 and in a south-southwesterly direction and along the common line with Lots 2, 8, 8A, 10, 7, 12 and 5, Block B, Tax Map 126; and Lots 1A, 43, 42, 41A, 41, 40A, 37A, 38A and 38B, Block B, Tax Map 128; and Lots 1, 21A, Block A, Tax Map 121; approximately 6,025’ to a point; said point being jointly the southwestern corner of Lot 37A and northernmost corner of Lot 38, Block B, Tax Map 128 withthe eastern right-of-way of Hwy 15-501;thence crossing Hwy 15-501 and in a northerly direction approximately 110’ to the place and point of beginning. All referenced deeds, plats, tax maps, parcel numbers, and supporting attachments are hereby incorporated by reference.
SECTION II
The Council of the Town of Chapel Hill does hereby specifically find and declare that the above described territory meets the requirements of G.S. 160A-48, in that:
1. The area is contiguous to the Town limits.
2. Over one-eighth (12.5%) of the aggregate external boundary of the area under consideration coincides with the existing Town limits. The boundary of the total area to be annexed has 22,387 linear feet, of which 6,572 feet abut the present Town primary corporate limits. Thus, 29.3% of the boundary of the annexation area is contiguous to the present Town primary corporate limits.
3. None of the area is within the boundary of an incorporated municipality.
4. Recorded property lines and streets have been used in fixing the proposed municipal boundaries resulting from this annexation.
5. With a population density of 5.48 persons/acre, Area 2 qualifies for annexation as an area developed for urban purposes under G.S. 160A-48(c)(1).
SECTION III
It is the purpose and intent of the Town of Chapel Hill to provide services to the area being annexed under this ordinance, as set forth in the report of plans for services approved by the Council of the Town of Chapel Hill on the 22nd day of January, 2001, and as amended April 9, 2001, and filed in the office of the Clerk for public inspection.
Such services will include:
1. Refuse collection as described in said report.
2. Maintenance and repair of any publicly-maintained streets or streets that are built or improved to Town of Chapel Hill standards for acceptance into the Town-maintained street system, and other street maintenance services as described in the report.
3. Police protection including periodic patrols, crime prevention investigation of crimes, enforcement of ordinances and statutes and other police services as described in the report.
4. Fire protection, including suppression, preventive inspections, and code enforcement as described in the report.
5. Extension of water and sewer lines under financing policies of the Orange Water and Sewer Authority (OWASA) and the Town of Chapel Hill, as described in the report.
6. Parks and recreation, library, housing and construction code enforcement, zoning and planning, public transportation and other services as described more fully in the report.
SECTION IV
The Council of the Town of Chapel Hill does hereby specifically find and declare that public water trunk lines and sewer outfall lines are already extended into the annexation area, and no requests for water and sewer extensions in the annexation area have been received under
G.S. 160A-47, so that no additional extensions of water or sewer extensions will be necessary under G.S. 160A-47 on the effective date of annexation prescribed in Section I above. Property owners may have public water and sewer lines extended within the annexation area in accord with extension and financing policies of the Orange Water and Sewer Authority (OWASA) and the Town of Chapel Hill.
SECTION V
From and after the effective date of this annexation, the territory annexed and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Chapel Hill, and shall be entitled to the same privileges and benefits as other parts of the Town of Chapel Hill.
SECTION VI
The newly annexed territory described hereinabove shall be subject to the Town of Chapel Hill taxes according to G.S. 160A-58.10.
SECTION VII
The Mayor of the Town of Chapel Hill shall cause an accurate map of the annexed territory described in Section I hereof, together with a duly certified copy of this ordinance, to be recorded in the Office of the Register of Deeds of Orange County, and in the Office of the Secretary of State in Raleigh. Such a map shall also be delivered to the Orange County Board of Elections as required by G.S. 163-288.1.
This the 9th day of April, 2001.
ANNEXATION AREA 2 (ORDINANCE B)
AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF CHAPEL HILL, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA (2000-04-09/O-3b)
WHEREAS, all of the prerequisites to adoption of this ordinance prescribed in Part 3, Article 4A, Chapter 160A of the General Statutes of North Carolina, have been met; and
WHEREAS, the Council of the Town of Chapel Hill has taken into full consideration the statements presented at the Public Hearing held on the 19th day of March, 2001, on the question of this annexation; and
WHEREAS, the Council of the Town of Chapel Hill has concluded and hereby declares that annexation of the area described herein is necessary to the orderly growth and development of the Town of Chapel Hill;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
SECTION I
From and after 11:59 p.m. on the 30th day of June, 2001, the effective date of this annexation, the following territory shall be annexed to and become a part of the Town of Chapel Hill, and the corporate limits of the Town of Chapel Hill shall on said 30th day of June, 2001, be extended to include said territory more particularly described as follows:
Annexation Area 2: This area (the Southern Village Area) consists of land that is generally located south of Town, primarily located west of US Highway 15-501. The area includes the Southern Village development, Town-owned land for a future community park, Town-owned land for a fire station and open space, and Phase II of the Hundred Oaks development. This area is further described as:
All that certain tract or parcel of land lying, situated and being in Chapel Hill Township, Orange County, North Carolina, being more particularly described as follows:
Being all the area in Orange County, Chapel Hill Township as depicted on Tax Map 126, Block A, Lots 4, 4R, 4M, 4H, 4U, 4P, 4N, 4J, 5, 6, 6A, 7, 8, 9, 10, 21, 22, 23 and 62; Tax Map 126, Block B, Lot 9; Tax Maps 126D, 126E, 126H, 126F, 126P, 126G 126M and 126N all Lots; Tax Map 128, Block A, Lots 31 and 31A; and being more particularly described as follows:
Beginning at the southernmost point of Lot 31A, Tax Map 128,: Block A; said point also being on the western right-of-way of Hwy. 15-501, thence with the western line of Lot 31A and with the eastern lines of lots 2E, 2, 2C, 2D and 2B, Tax Map 128, Block A: in a northerly direction approximately 1,379.8’ to the southern right-of-way of SR 1962 (Dogwood Acres Drive); thence continuing in a northerly direction and with the common line of Tax Map 126, Block A, Lot 31 and Lots 4L and 4D, Tax Map 126, Block A: approximately 652.2’, crossing Dogwood Acres Drive, a 50’ right-of-way, to the northwestern corner of Lot 31, Tax Map 128, Block A; also being the southwestern most corner of Lot 4J, Tax Map 126, Block A; thence with the western line of Lot 4J in a northerly direction and along the eastern line of lots 4A and 4C, Tax Map 126, Block A; and lots 5 and 4, Tax Map 125, Block E; approximately 776.4’ to a turn in the line; thence in a northwesterly direction and with the eastern line of Dogwood Acres subdivision and being the common line between Tax Maps 126, 126H, 126M and Tax Map 124, and crossing Carlton Drive, a 60’ right-of-way, (see: PB 11, Pg. 24) approximately 2084.7’ to a turn in the line, the southeastern corner of Lot 3, Tax Map 126, Block A; thence turning to a northerly direction and with the eastern line of Lot 3, Tax Map 126, Block A and the eastern line of Lot 8A, Tax Map 122, Block B: and being the common line with Lot 813, Tax Map 126M; Lot 4, Tax Map 126, Block A; and Tax Map 126M, Lot 784: approximately 2,034.7’ to the southeastern corner of Lot 13, Block B, Tax Map 122; thence proceeding approximately 475’ with the eastern line of Lot 13 and Lot 14, Block B, Tax Map 122 and the western line of aforementioned Lot 784, in a northern direction to the northeastern corner of said Lot 13(see: DB 179 Pg. 588 and crossing over a portion of Lot 12, Block B, Tax Map 122 ( 30’ right-of-way of Williams Drive) to the northeastern most corner of said Lot 14, said point also being the northwestern corner of Lot 784, Tax Map 126M (also see: PB 72 Pg. 50 Cobble Ridge Subdivision); and on the existing Chapel Hill Corporate Limits Line; thence proceeding along said Corporate Limits Line and with the northern line of said Lot 784 and Lot 14, Tax Map 126P, and crossing Highgrove Drive (a 60’ right-of way) and with the southern line of Cobble Ridge Subdivision and Culbreth Subdivision (see: PB 82 Pg. 13), and with said Corporate Limits Line in a easterly direction approximately 1,368.0’ to a point said point being the northeastern corner of Lot 14, Tax Map 126P; thence turning in a southerly direction and proceeding with said Corporate Limits Line and the westernmost line of Culbreth Middle School, Lot 8D, Block B, Tax Map 122 approximately 446’ to a point; thence turning in a southeasterly direction and with the Culbreth School line and being the common line with Lot 62, Tax Map 126, Block A: approximately 1199.9’ to a point; thence turning to the northeast and with the Culbreth School line and being the common line with Lot 62, Tax Map 126, Block A: approximately 185.2’ to a point, said point being the southwestern most corner of Culbreth Park Subdivision (see: PB 55 Pg. 61); thence in a southeasterly direction and proceeding along said existing Corporate Limits Line and with the southern line of Lot 8M, Block B, Tax Map 122 and Culbreth Park Subdivision, and the northern line of aforementioned Lot 62 and Lots 4U and 4P, Block A, Tax Map 126: approximately 1330.6’ to the western right-of-way of Hwy. 15-501; thence proceeding with said Corporate Limits Line and crossing Hwy. 15-501 and proceeding with the northern line of Lot 4H, Block A, Tax Map 126 in a southeasterly direction approximately 1203.2’ to a point on the old Bennett Road northern right-of-way line (see: PB 72 Pg. 163 & 164 of Hundred Oaks Subdivision): thence following the old northern right-of-way of said road in a easterly direction approximately 239.0’ to its intersection with the western right-of-way of Mt. Carmel Church Road (SR 1008); thence in a southerly direction, crossing Bennett Road right-of-way and along with the western right-of-way line of Mt. Carmel Church Road approximately 650.2’ to the eastern most corner of Lot 9, Block B, Tax Map 126; said point being the northern most corner of Lot 1, Tax Map 126, Block B; thence departing from said Corporate Limits Line and following the southeastern most line of Lot 9 and in a southwesterly direction with the northwestern line of Lot 1 approximately 440.5’ to a point, said point being the southernmost corner of said Lot 9, Block B, Tax Map 126; thence turning in a northwesterly direction and with the southwestern line of said Lot 9, also being the northernmost line of Lot 2, Block B, Tax Map 126: approximately 707’ to point on the southern line of Lot 21, Block A, Tax Map 126; thence with the southern line of said Lot 21 and with the common line of Lot 2, Block B, Tax Map 126 in a southwesterly direction approximately 828.9’ to the eastern right-of-way of Hwy. 15-501; thence with the eastern right-of-way of Hwy 15-501 and in a south-southwesterly direction and along the common line with Lots 2, 8, 8A, 10, 7, 12 and 5, Block B, Tax Map 126; and Lots 1A, 43, 42, 41A, 41, 40A, 37A, 38A and 38B, Block B, Tax Map 128; and Lots 1, 21A, Block A, Tax Map 121; approximately 6,025’ to a point; said point being jointly the southwestern corner of Lot 37A and northernmost corner of Lot 38, Block B, Tax Map 128 with the eastern right-of-way of Hwy 15-501; thence crossing Hwy 15-501 and in a northerly direction approximately 110’ to the place and point of beginning. All referenced deeds, plats, tax maps, parcel numbers, and supporting attachments are hereby incorporated by reference.
Beginning
SECTION II
The Council of the Town of Chapel Hill does hereby specifically find and declare that the above described territory meets the requirements of G.S. 160A-48, in that:
1. The area is contiguous to the Town limits.
2. Over one-eighth (12.5%) of the aggregate external boundary of the area under consideration coincides with the existing Town limits. The boundary of the total area to be annexed has 21,578 linear feet, of which 5,763 feet abut the present Town primary corporate limits. Thus, 26.7% of the boundary of the annexation area is contiguous to the present Town primary corporate limits.
3. None of the area is within the boundary of an incorporated municipality.
4. Recorded property lines and streets have been used in fixing the proposed municipal boundaries resulting from this annexation.
5. With a population density of 5.48 persons/acre, Area 2 qualifies for annexation as an area developed for urban purposes under G.S. 160A-48(c)(1).
SECTION III
It is the purpose and intent of the Town of Chapel Hill to provide services to the area being annexed under this ordinance, as set forth in the report of plans for services approved by the Council of the Town of Chapel Hill on the 22nd day of January, 2001, and as amended April 9, 2001, and filed in the office of the Clerk for public inspection.
Such services will include:
1. Refuse collection as described in said report.
2. Maintenance and repair of any publicly-maintained streets or streets that are built or improved to Town of Chapel Hill standards for acceptance into the Town-maintained street system, and other street maintenance services as described in the report.
3. Police protection including periodic patrols, crime prevention investigation of crimes, enforcement of ordinances and statutes and other police services as described in the report.
4. Fire protection, including suppression, preventive inspections, and code enforcement as described in the report.
5. Extension of water and sewer lines under financing policies of the Orange Water and Sewer Authority (OWASA) and the Town of Chapel Hill, as described in the report.
6. Parks and recreation, library, housing and construction code enforcement, zoning and planning, public transportation and other services as described more fully in the report.
SECTION IV
The Council of the Town of Chapel Hill does hereby specifically find and declare that public water trunk lines and sewer outfall lines are already extended into the annexation area, and no requests for water and sewer extensions in the annexation area have been received under
G.S. 160A-47, so that no additional extensions of water or sewer extensions will be necessary under G.S. 160A-47 on the effective date of annexation prescribed in Section I above. Property owners may have public water and sewer lines extended within the annexation area in accord with extension and financing policies of the Orange Water and Sewer Authority (OWASA) and the Town of Chapel Hill.
SECTION V
From and after the effective date of this annexation, the territory annexed and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Chapel Hill, and shall be entitled to the same privileges and benefits as other parts of the Town of Chapel Hill.
SECTION VI
The newly annexed territory described hereinabove shall be subject to the Town of Chapel Hill taxes according to G.S. 160A-58.10.
SECTION VII
The Mayor of the Town of Chapel Hill shall cause an accurate map of the annexed territory described in Section I hereof, together with a duly certified copy of this ordinance, to be recorded in the Office of the Register of Deeds of Orange County, and in the Office of the Secretary of State in Raleigh. Such a map shall also be delivered to the Orange County Board of Elections as required by G.S. 163-288.1.
This the 9th day of April, 2001.