Is Fuquay’s current non-contiguous annexation compliant with North Carolina Law?

Current North Carolina law does allow for non-contiguous annexation but there are rules around when and how this can be done.
G.S. 160A-58.1 Petition for annexation; standards
https://www.ncleg.net/gascripts/statutes/statutelookup.pl?statute=160A-58.1

Lets focus on section (b)

(1) The nearest point on the proposed satellite corporate limits must be not more than three miles from the primary corporate limits of the annexing city.

Now this is what confuses me. It has been well established that an annexed road or corridor cannot be considered as “contiguous” for the purposes of annexation or ETJ establishment. How then is it possible that Fuquay was allowed to Annex the area around TEN-TEN and 401? The distance for the last parcels of “contiguous” Fuquay is more than 3 miles away. In fact it is more than 5 miles away. (See screenshot from IMAPS distance is 5.18 miles shown in top left corner)

distance

Now Fuquay is using this same tactic to establish the ETJ all the way to TEN-TEN road even though the last contiguous parcels of Fuquay are more than 5 miles away. It is obvious that Fuquay has gotten away with using the Annexed part of 401 all the way to Hilltop Needmore RD as the starting point for the measurement. This is in violation of North Carolina law as far as I can tell.  Please let me know your thoughts.

**note***Wake County’s IMAPS is a great tool.  It is extremely useful and I highly recommend checking it out if you haven’t used it before.  just google “Wake county IMAPS”

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