HomeMy WebLinkAboutAgenda - 04-21-1998 - 7aORANGECOUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 21, 1998
Action Agenda
Item #
SUBJECT: Resolution to Close Public Rights -of -Way in University Manor, Phase I
DEPARTMENT: PLANNING PUBLIC HEARING: X Yes No
BUDGET AMENDMENT REQUIRED: Yes X No
ATTACHMENT(S):
Vicinity Map
Final Plat, Section I
3/17/98 Resolution to Revoke Preliminary Plan
NC G.S. 153A -241
Resolution and Order to Close Public Rights -of -Way
Certification of Mailing and Posting Signs
INFORMATION CONTACT:
Emily Cameron - Extension 2580
TELEPHONE NUMBERS
Hillsborough 732 -8181
Durham 688 -7331
Mebane 227 -2031
Chapel Hill 967 -9251
PURPOSE: To conduct a public hearing and consider a resolution to close two public rights -of-
way in the subdivision formerly known as University Manor, Phase I, Section I.
BACKGROUND: On April 16, 1997, the Final Plat for Section I of University Manor, Phase I was
approved and recorded. The public road rights -of -way for Westcott Court and
Brampton Place were accepted, without maintenance responsibility, by Orange
County on behalf of the public with approval of the Final Plat. The roads were
almost completed to State standards, pending a final one -inch layer of asphalt. The
letter of credit for completion of the roads is valid until May 1, 1998.
On March 17, 1998, the Board of Commissioners approved the attached resolution
to revoke the approval of the Preliminary Plan for University Manor, Phase I. At
the same time, the Board scheduled the public hearing as required by the North
Carolina General Statutes for abandonment of the public roads in Section I.
In order to close the rights -of -way, the Board of Commissioners must be satisfied
that such action is not contrary to the public interest. Furthermore, the Board must
decide that no individual owning property in the vicinity of the abandoned rights -
of -way would be deprived of a reasonable means of access to his or her property.
Since the subdivision approval was revoked, no public purpose is served by
keeping the roads as public. If the roads are abandoned, ownership of the right -of-
way reverts to the adjacent property owner. This would allow the owner the option
to gate the road as private property, or to remove the improvements, thereby
avoiding potential problems with public safety and security of the property. The
property has access to Old NC 10 (SR 1710) and to New Hope Church Road (SR
1723).
A draft resolution and order to accomplish abandonment of the public roads is
attached for the Board's consideration following the public hearing.
RECOMMENDATION: If the requirements of NCGS 153A -241 are met, the Administration
recommends adoption of the resolution and order to close the roads known
as Westcott Court and Brampton Place.
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6' RESOLUTION A
RE• SOLL71ONS OF THE ORAYGE CO rNNTY
BOARD Of C011WISSIONF.RS
a pumuant to
late:
Read (S.R.
R. 17 10) arse ot'Subdiv lion: tlnivmity Afww- Phase I
Pargc 29,
amce .;pplicaut: Ivey Vest Enterprise -s. Ine.'Sanford Bailey
i•„y;,;gjs,n��t' Suhdi�i�iun— ±rpr,�'a_f
WHEREAS. a request has been filed by the (h«er'Applicaat to rcvoke the December 19.
approval of the preliminary plan for LTnivenity Manor. Phan; I ax %-t out in the mmolutiun
ted b,% the Board of Commissioners on that date and as incorporated in the plats entitled "ti1'stcr
hasancm and Open Space Plat. tTnivcs;sitf Manor. Phase I" recorded at Plat Book 77, Page 191.
wecks prior
Mats entitled "Final Plat of Univ,.mity 1ltanor. Phase I, Section I" recorded at Plat Book 78. Pages
veer as
nd 29, (range County Registry mid the Declaration or Dc%Ylopment Restrictiorm and
the request
iii esacnts recorded at Plat Boot: 1372. Page 336 and to relieve the County and the
:m m-ntly
ceApplicant of all requirements and conditions set out in the moluticm and the Declaration of
:lopnmu Restrictions and Requirements; and,
xOrange,
A I;FRE: trS, The Board of Cotnmissioncn has dcurmined that it should gant the request
: copied
t as it pertains to thw CotwA.ratien Fv mcnt granted to the County in the dmvmcnt n.vordcd at
;istg of said
1572. Page 535, Ckanga County Registy and shown on the plats recorded at Plat Boot► 77.
the
91 and Plat Hook 78. Pages 28 and 29.Oratige County Registry which the County %%i4w% to
!ate% in any
-
BE IT RESOLVED that The Board of Commissioners hcm., • makes its T)ec;embrr 19, 1995
of the preliminary plan for Uni-.crsity Manor, Pbay. I as sct out in its naolution of that date
lam the plat entitled "Water r.ine Faxamml and 0,'Pcn Space Plat. tlni%v city Manor, Incase I"
at Plat Doak 77, Page 191, the plats entitled "Final Plan of L1nhwsity 1lanor. Phase 1.
I" recorded at Plat Book 78, Pages 28 and 29, Orange County Registry and the Declaration or
_
nt Restrictions sod Requirements recordod at Plat Book 1572. Page 336 null and void and
the applicaeowner of all requimnem and conditions set out in the resolution and the
tion of Development Ratrtaicrn+ and Rcquin umu c=cyt for the Conservation F&scmcnt
to Orange County by University Manor Houmeownm Avoeiation, Im. as required in the
n and as shown on the plans romded at Plat Book 77, Page 191 ud Plat rkx* 78. Pages 28
)range County Registry and as anon rutty c o%mi•iwal in the caummia documa t recorded at
72 Page 353.Onmge County Registry Which the County will retain.
F.SAt.%'FD FIMTHF.R that the County Menages is authorized to ext.-cute whatem
a nc+ceisavy to carry out bless molutmix
6- '
WHEREAS, a petition has he,tti tiled with Orange County. North Carolina pur%uant to
N.C. Gm. SUL 9 153A -241 to closc pertnarxattly the follv%%ing •trcct nshts of way:
All of Wcstcon Court and Rramptun Place !exited ul 'N,t Ilope Church Ruad (S, R.
1723) apM.6nately SOU feet south of its intcrscv-tion «with Old N.C. lU (S. R. 1710)
as shown on the plats recorded at Plat Rook 79, Pabc 2R and Plat Rook 78, Pagc 29,
Grange County Regis; y.
BE IL), RESOLVED by the (range County Hoard of C'oatntissioncts:
1. That the roadway -4 described above art intended to be closed permanently,,
2. That a public hearing lie held on , 1998 in the
at o'clock p.m. or as soon thereafter as the matter caa be heard. --
3. That a coPy of this resolution be pubiished for once a week for dree successive weeks prier
to the hearing, that a copy of the rcwlution be scrit b,� rvgist=d or certified mail to each o-.sner as
shown on the county tax records of property adjoining the rights of way who did not join in the request
to have the road or casement closed and that a notivv of the closing and public hearing be pertttanv -ntly
pasted in at least two places along the rights of way.
1. Hcvcrly A i3hthc, Clcrk to the Hoard of C orttrttissioncrs for the County ofOrange,
North Carolina DO HFRF.RY CERTIFY that the foregoing resolutions have been cardblty copied
from the recorded minutes of the Aoard of Commissionem for %aid County at a regular meeting of said
Hoard held on . 1998, said record having been made in the Minute Book of the
minutes of said Board and is a true exipy ofso much ofraid proveedings ofs.eid Board as relates in any
way to the passage of the resolutioets described in said proeeedingc
Witness my hand and the corpmatc veal of the County this the _ -_- day of
, 1998.
Clak to the Hoard of Commissioners
rl
(Form of Public Notice)
RESOLUTION OF INTENT TO CONSIDER CLOSING
WESTCOTT COURT AND BR. -MPTON PLACE
AND DIRECTING NOTICE OF PUBLIC HEARING
WHEREAS, a petition has been filed with Orange County, North Carolina pursuant to N.C.
Gen. Stat. § 153A -241 to close permanently the following street rights of way:
All of Westcott Court and Brampton Place located off New Hope Church Road (S. R.
1723) approximately 500 feet south of its intersection with Old N.C. 10 (S.R. 1710)
as shown on the plats recorded at Plat Book 78, Page 28 and Plat Book 78, Page 29,
(range County Registry. , e
BE IT RESOLVED by the Orange County Board of Commissioners:
1. That the roadways described above are intended to be closed permanently;
2. That a public hearing be held on , 1998 in the
at o'clock p.m. or as soon thereafter as the matter can be heard.
3. That a copy of this resolution be published for once a week for three successive weeks prior
to the hearing, that a copy of the resolution be sent by registered or certified mail to each owner as
shown on the county tax records of property adjoining the rights of way who did not join in the request
to have the road or easement closed and that a notice of the closing and public hearing be permanently
posted in at least two places along the rights of way.
Adopted the day of , 1998.
NC ST f 153A -241, Closing public roads or emine cts
*28694 G.S. § 153A -241
WEST'S NORTH CAROLINA
STATUTES
CHAPTER 153A. COUNTIES
ARTICLE 12. ROADS AND
BRIDGES
Current through Lind of 1996 Legislation
153A -241. Cloning public reads or
easements
A county may permanently close any public
mad or any easement within the county and not
within a city, except public roads or easements for
public roads under the control and supervision of
the Dupattment of Ttanspo"ion. The board of
commissioners shall first adopt a resolution
declaring its intent to c1me the public mad or
easement and calling a public hearing on the
question. The board shall cause a notice of tllc
public hearing reasonably calculated to give full
and fair disclosure of the proposed closing to be
publishutl aria; it week for thmv succussive woks
bel'ore the hearing, a copy of the resolution to be
sent by registered or certified rnad to each owner
as shown on the county tax records of property
adjoining the public road or easement who did not
join in the request to have the road or easement
closed, and a notice of the closing and public
hearing to be prominently posted in at least two
places along the road or easement. At the hearing
the hoard .hall hear all interested persons who
appear with respect to whether the closing would
be detrimental to the public interest or to any
individual property rights. If, after the heating,
the board of commissioners is satisfied that
closing the public road or easement is not contrary
to the public interest and (in the case of a road)
that no individual owning property in the vicinity
of the road or in the subdivision in which it is
located would thereby be deprived of nmsonable
means of ingress and egresc to his property, the
board may atkrpt an order closing the road or
D
easement. A certified copy of the order (or
judgment of the court) shall be filed in the office
of the register of deeds of the county.
Any person aggrieved by the closing of a public
road or an easement may appeal the board of
commissioners' order to the appropriate division
cif the General Court of Justice within 30 days
after the day the order is adopted. The court shall
hear the matter de novo and has jurisdiction to try
the issues arising and to order the road or
easement closed upon proper findings of fact by
the trier of fact.
No cause of action founded upon the invalidity
of a proceeding taken in closing a public road or
an easement may be asserted except in an action
or pruc mding begun within 30 days after the day
the order is adopted.
'28695 LJpon the closing of a public road or an
easement pursuant to this section, all right, title,
and interest in the right -of -way is vested in those
persons owning lots or parcels of land adjacent to
the road or easement, and the title of each
adjoining landowner, for the width of his abutting
land, extends to the center line of the public road
or easement. However, the right, title or interest
vested in an adjoining landowner by this
paragraph remains subject to any public utility
use or facility located on, over, or under the road
or casement immediately before its closing, until
the landowner or any successor thereto pay. to the
utility involved the reasonable cost of removing
and relocating the facility.
Amended by Laws 1995, e. 374, 41, eff July 5, 1995.
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
awe 199.1. c 76, § I, =vended this wctkm w qgp itmblc w
Durban County.
Search this disc for cases citing this section.
Copyright (c) West publishing Co. 1997 No claim to original U.S. Govt. works.
0
RESOLUTION AND ORDER OF THE ORANGE COUNTY
BOARD OF CO1ti1MISSIONERS
Date: April 21, 1998
Name of Subdivision: University Manor, Phase I
OwnerlApplicant: Key West Enterprises, Inc.\SanRrd Bailey
WHEREAS, a petition has been filed with Orange County, North Carolina pursuant to N.C.
Gen. Stat. § 153A -241 to close permanently the following street rights of way:
el
All of Westcott Court and Brampton Place located off New Hope Church Road (S. R.
1723) approximately 500 feet south of its intersection with Old N.C. 10 (S. R. 17 10)
as shown on the plats recorded at Plat Book 78, Page 28 and Plat Book 78, Page 29,
Orange County Registry: and,
WHEREAS, the Orange County Board of Commissioners adopted a resolution at its March
17, 1998 meeting declaring its intent to close the public roads described above; and,
WHEREAS, the Conunissioners caused the resolution to published in the News of Orange for
three successive weeks, caused copies of the resolution to be mailed certified mail to the owners of
property adjoining the street rights of way as shown on the County Tax records and cause copies of the
resolution to be posted along the roads as required by law; and,
WHEREAS, the Commissioners conducted a hearing on April 21, 1998 allowing all interested
persons to appear and be heard on the question of whether the proposed closing would be detrimental
to the public interest or to any individual property rights; and,
WHEREAS, after conducting the hearing the Board of Commissioners finds that closing the
public rights of way is not contrary to the public interest and that no individual owning property in the
vicinity of the roads or in the subdivision in which the roads are located would be deprived of
reasonable means of access to his or her property;
BE IT RESOLVED AND ORDERED by the Orange County Board of Commissioners that
the rights of way described above are herewith permanently closed;
RESOLVED FURTHER that a certified copy of this resolution and order will be filed with the
Register of Tkeds of Orange County.
I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange,
North Carolina DO HEREBY CERTIFY that the foregoing resolutions and order have been carefully
espied from the recorded uiuiutes ofthe Board of Commissioners for said County at a regular meeting
of said Board held on April 21, 1998, said record having been made in the Minute Book of the
minutes of said Board and is a true copy of so much of said proceedings of said Board as relates in any
10
way to the passage of the resolutions described in said proceeduigs.
Witness my hand and the corporate seal of the County this the day of
. 1998.
Clerk to the Board of Commissioners
CERTIFICATION
I herewith certify that:
1. I am an attorney licensed to practice law in North Carolina;
2. I mailed copies of the resolution of intent to close Westcott Court and Brampton Place
adopted by the Commissioners on March 17, 1998 to the owners of the property adjoining the roads as
revealed by the Orange County Tax records registered mail return receipt requested. The property
owners received the copies of the resolution as evidenced by the attached return receipts.
3. I caused two copies of the resolution to be posted on Westcott Court and two copies of the
resolution to be posted on Brampton Place on March 20, 1998.
This the 27th day of March 1998.
David M. Rooks, III
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