COFY TOWN OF KNIGHTDALE ORDINANCE#

COFY TOWN OF KNIGHTDALE ORDINANCE# 05-1019-001 TOWN OF WENDELL ORDINANCE# 0-24-2005 AN ORDINANCE TO APPROVE AN ANNEXATION AGREEMENT BETWEEN THE TOWN OF KNIGHTDALE, NORTH CAROLINA, AND THE TOWN OF WENDELL, NORTH CAROLINA NORTH CAROLINA WAKE COUNTY THIS AGREEMENT, made and entered into this the 19th day of October 2005. by and between the Town of Knighfdale and the Town of Wendell. WHEREAS, the Town of Knightdole and the Town of Wendell, duly incorporated municipahies under the laws of the State of North Carolina, desire to eliminate uncertainty among residents and properly owners in unincorporated areas adjacent to the participating municipailhies and also to improve planning by public and private interests in such areas; and WHEREAS, Chapter 1 60A, Article 4A, Part 6 of the General Statutes of North Carolina (hereinafter referred to as the Act ) authorizes municipalilies to enter into binding agreements concerning future annexation, in order to enhance orderly planning by such municipalities as well as residents and property owners in areas adjacent to such municipalities; and WHEREAS, pursuant to G.S. 1 60A-58.24(c) and (e), the Town of Knightdale and the Town of Wendell held public hearings on October 10,2005 and October 19,2005 respectively, authorizing the adoption of this ordinance and the execution of this Agreement; NOW, THEREFORE, ~EIT AGREED AND ORDAINED by the participating municipalities as follows: Section 1. This Agreement is executed pursuant to the authority of the General Statutes, codified as G.S. Chapter 160k, Article 4A, Part 6. Section 2. This Agreement shall be in effect until October 19, 2025. Section 3. Affached hereto and incorporated herein by reference is Exhibit A, which describes a line in Wake County. No portion of the land east of the line described in Exhibit A shall be annexed by the TOWN OF KNIGHTDALE during the term of this Agreement. No portion of land to the west of the line described in Exhibit A and shall be annexed by the TOWN OF WENDELL during the term of this Agreement. Section 4. Attached hereto and incorporated herein by reference is Exhibit B, which is a map of a portion of Wake County that indicates the line, described in Exhibit A. Section 5. The effective date of this Agreement shall be October 19., 2005. Section 6. At least sixty (60) days before the adoption of any annexation ordinance, the participating munic~alilywhich is proposing any annexation in the area(s) subject to this Agreement shall give written notice to the other participating municipality of the proposed annexation as provided in G.S. 160A~58.24(a)(5).Such notice shall describe the area to be annexed by a legible map, clearly and accurately showing the boundaries of the area to be annexed in relation to the area described in this Agreement; roads, streams and any other prominent geographical features. Such notice shall not be effective for more than 180 days. Section 7. This Agreement may be modified or terminated by a subsequent agreement entered into by the parlicipafing municipalities. Any subsequent agreement shall be approved by ordinance after public hearings as provided in G.S. 1 60A-31 (c), executed by the mayors of the participating municipalities, and spread upon their respective minutes. Section 8. This Agreement shall not be binding beyond three miles of the primary corporate limits of a participating municipality, unless approved by the Wake County Board of Commissioners. Provided, however, that an area where this Agreement Is not binding because of failure of the Board of County Commissioners to approve it, shall become subject to this Agreement if subsequent annexation brings it within three miles. The approval of a Board of

County Commissioners shall be evidenced by a resolution adopted after a public hearing as provided in G.S. 1 60A-58.24(c) and (e) and 1 60A-31 (C). Section 9. This Agreement may be terminated unilaterally by a participating municipality or a participating municipality may withdraw from this Agreement by repealing the ordinance which approved this Agreement and providing five (5) years written notice to the other participating municipality, Upon the expiration of the five-year period, this Agreement shall terminate. Section 10. From and after the effective date of this Agreement, neither participating municipality may consider in any manner the annexation of any area in violation of this Agreement. From and after the effective date of this Agreement, neither participating municipality may annex all or any portion of any area in violation of this Agreement. Section 11. Any party, which shall believe that a violation of this Agreement has occurred, shall have available to it all remedies and relief authorized by applicable law. Section 12. Nothing in this Agreement shall be construed to authorize the annexation of any area that is not otherwise subject to annexation under applicable law. Section 13. municipalities. This writing contains the entire agreement between the participating IN WITNESS WHEREOF, the mayors of the participating municipalities execute this Agreement, in duplicate, to become effective as provided in Section 5 above. TOWN OF KNIGHTDALE Adopted this I~Lday of O(~k-r)~Oc\~ 2005. A1fEST~ APPROVED AS TO FORM: ~ Jown Attorney TOWN OF WENDELL Adopted this J~!~iayof 2005. APPROVED AS TO FORM: c~l~ Town Attorney

EXHIBIT A BEGINNING at a point in the eastern boundary of the right-of-way of Mark s Creek Road (SR 2234), also a point in the southern boundary of the right-of-way of Todd Road (SR 2923); thence along the southern boundary of the right-of-way of Todd Road in an easterly direction 100 feet more or less to a point, the northwest corner of the property of Telamon Corporation known as Tract 1, as shown on plat recorded in Book of Maps 2003, page 943, Wake County registry (the Telamon Thence along the western line of the Telamon Property South 06 26 57 West 716,45 feet to a control corner, also the northwest corner of the property of Ann Robertson, containing 11.91 acres, described as a portion of l ract 1 in deed recorded in Book 2394. page 29, Wake County registry (the A. Robertson Properly ); Thence along the western line of the A. Robertson Property South 06 30 West 440.88 feet to a corner, also the northwest corner of the property of Edith U. Dark Rodman, containing 17.19 acres, described in deed recorded in Book 2559, page 128, Wake County registry (the Rodman Thence along the western line of the Rodman Property South West 449.95 feet to an iron pipe, also the northwest corner of the property of Josephine U. Chalifour, containing 27.285 acres, described in deed recorded in Book 2835, page 946, Wake County registry (the Chalifour Property ; Thence along the western line of the Chalifour Property South West feet to an iron pipe, alsoa point in the northern line of the property of Herbert & Grace Robertson, containing 78.27 acres, described in deed recorded in Book 4171, page 505, Wake County registry (the H. Robertson Thence with the northern and eastern lines of the H. Robertson Property the following courses and distances: South 85 00 East 745 feet more or less to an iron pipe; South 3 47 West 1840 feet to an iron pipe, also a point in the western line of the property of Frances Robertson known as Tract 4, containing 82.60 acres, as shown on plat recorded in Book of Maps 1960, page 245, Wake County registry (the F. Robertson Thence with the western and southern lines of the F. Robertson Property the following courses and distances: South 4 30 West 302 feet to a corner; South 84 15 East 995 feet more or less to a point, also the northwest corner of the property of Doris K. Talley known as Tract 1, containing 79.90 acres, as shown on plot recorded in Book of Maps 1984, page 215, Wake County registry (the Talley Thence with the western and southern lines of the Talley Property the following courses and distances: South 4 56 06 West 675.79 feet to a corner; South 85 06 22 East 1237.32 feet to a point in the centerline of Keiths Road (SR 2236); South 85 06 22 East 30 feet more or less to a point in the eastern boundary of the right-of-way of Keiths Road; Thence with the eastern boundary of the right-of-way of Keiths Road in a southerly direction 5,600 feet more or less to a point in the northern boundary of the right-of-way of US Highway 64 Business: Thence With the northern boundary of the right-of-way of US Highway 64 Business in an easterly direction 2,030 feet, more or less, to a point, also the southeast corner of the property of Dorothy K. Preston known as tract 4, containing 81.19 acres, as shown on plat recorded in Book of Maps 1984, page 215, Wake County registry; Thence across the right-of-way of US Highway 64 Business in a southerly direction to a point in the southern boundary of fhe right-of-way of US Highway 64 Business, also a point in the eastern boundary of the right-of-way of Three Sisters Road (SR 2655); Thence with the eastern boundary of the right-of-way of Three Sisters Road in a southerly direction 675 feet more or less to ci point, also the southwest corner of the property of Salamander Ranch LLC, containing 3.07 acres, as shown on plat recorded in Book of Maps 1997, page 2031, Wake County registry (the Ranch Thence with the southern and eastern lines of the Ranch Property the following courses and distances: South 83 23 18 East 672.82 feet to an iron pin; North 4 37 25 East 198.85 feet to an iron pin, also a point in the western line of the property of

Margaret Dean, containing 16.42 acres, described in deed recorded in Book 2577, page 252, Wake County registry (the Dean Property ) Thence with the western line of the Dean Property North 4 34 32 East 245 feet more or less to a point in the western boundary of the right-of-way of US Highway 264; Thence with the western boundary of the US Highway 264 Bypass in a southerly direction 12,350 feet more or less to a point, a point in the northern line of the property of the Ruth B. Whitley Heirs, containing 200 +1- acres known as the Granita Farm, described in deed recorded in Book 11111, page 1721, Wake County registry (the ~Whitley Thence with the northern line of the Whitley Property and across the right-of-way of US Highway 264 North 80 26 19 East 2590 feet more or less to a corner, also a point in the centerline of Mark s Creek; Thence with the centerline of Mark s Creek and the eastern line of the Whitley Property in a southerly direction.485 feet more or less to a point, also the southwest corner of the W. Russell Richardson property, containing 48.932 acres, as shown on plot recorded in Book of Maps 1988, page 209~Wake County registry (the Richardson Thence with the southern line of the Richardson Property South 82 33 37 East 191.51 feet to a point, also the northwest corner of the James Ervin Rigsbee property, containing 24.45 acres and known as Tract 2, as shown on plat recorded in Book of Maps 1987, page 515, Wake County registry (the Rigsbee Thence with the western line of the Rigsbee Property the following courses and distances: South 30 29 03 East 1,1 14.84 feet to a point; South 19 53 57 West 389.35 feet to a point; South 1 36 16 East to a point, also a corner in the property of Lake Myra Investments LLC, containing 119.12 acres, described in deed recorded in Book 11116, page 1602, Wake County registry (the Investments Thence with the western line of the Investments Property in a southerly direction 785 feet more or less to a point, also the northeast corner of the property of Amber Acres Phase 4 Homeowner s Associotion, containing 6.93 acres, as shown on plot recorded in Book of Maps 1996, page 908, Wake County registry (the Phase 4 Thence with the eastern line of the Phase 4 Property South 00 54 54 East 164.81 feet to a point also the northeast corner of the property of Amber Acres Phase 3 Homeowner s Association, containing 38.59 acres, as shown on plots recorded in Book of Maps 1989, pages 384 & 385, Wake County registry (the Phase 3 Thence with the eastern line of the Phase 3 Property the following courses and distances: South 0 59 54 East 368.02 feet to a concrete monument; South 84 48 40 East 61.58 feet to an iron pin; South 12 26 50 East 272.84 feet to an iron pin; South 59 35 24 East 225.30 feet to an iron pin; South 20 02 46 West 244.99 feet to an iron pin; South 52 48 23 East 137.22 feet to an iron pin; South 21 oo3156~?east 229.60 feet to c~r~ iron pin; South 7 56 30 East 112.94 feet to an iron pin; South 41 47 08 East 119.31 feet to an iron pin; South 1 6 21 52 West 175.39 feet to a point; South 29 50 11 East 164.06 feet to an iron pin; South 89 40 11 East 139.50 feet to an iron pin; South 78 10,01 East 300.10 feet to an iron pin; South 19 47 06 East 100.39 feet to an iron pin; South 7 20 53 West 133.88 feet to an iron pin; South 27 11 39 East 337.02 feet to an iron pin; South 65 45 39 East 142.22 feet to an iron pin; South 23 48 07 East 168.01 feet to an iron pin, also the northeast corner of the property of Poor Boy Farms and a point in the centerline of Mark s Creek, containing 110.6 acres and known as Tract 1 of Parcel 2, described in deed recorded in Book 6390, page 331, Wake County registry (the Poor Boy Thence with the eastern and southern lines of the Poor Boy Property the following courses and distances: Along the centerline of Mark s Creek In a southerly direction 200 feet more or less to a point; thence South 45 West 400 feet to a point; thence South 61 West 3,100 feet to a stake, also a point in the northern line of the property of Mozelle N. Emory, containing 24.21 acres, as shown on plat recorded in Book of Maps 1985, page 319, Wake County register (the Emory Thence with the northern line of the Emory Property the following courses and distances: South 68 28 54 East 95.44 feet to an iron pin; South 82 04 21 East 184.63 feet to an iron pin: South 55 19 03 East 101.17 feet to an iron pin; South 27 46 33 East

138.62 feet to an iron pin; South 43 33 03 East 147.33 feet to an.iron pin; South 39 55 03 East 99.71 feet to an iron pin; South 74 01 33 East 166.85 feet to an iron pin; South 83 13 Ol East 231.88 feet to an iron pin; South 77 23 51 East 194.98 feet to an iron pin; South 23 28 29 East 61.03 feet to a point in the centerline of the King Branch, also a corner of the property of Herman C. & Joanne K. Williams, containing 43.3 acres, known as Tract 1 described in deed recorded in Book 2425, page 251, Wake County registry (the Williams Thence with the eastern line of the Williams Property the following courses and distances: South 60 30 East 125 feet to a stake; South 2 West 686 feet to a stake, also a corner of the property of A.l. Goodson, containing 42.47 acres (the Goodson Thence with the line of the Williams and Goodson properties In a westerly direction 1,025 feet more or less to a point, also the northwest corner of the Goodsori Property and a corner of the property of Herman C. & Joanne K. Williams, also containing 43.3 acres, known as Tract 2 described in deed recorded in Book 2425, page 251, Wake County registry; (the Williams Tract 2 Thence with the line of the Williams Tract 2 and Goodson properties South 2 30 East 1,873 feet to a point in the northern boundary of the right-of-way of Poole Road (SR 1007); Thence with the northern boundary of the right-of-way of Poole Road in a westerly direction 1,900 feet more or less to a point in the eastern boundary of the rightof-way of Smithfield Road (SR 2233).