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HomeMy WebLinkAboutRES-1998-020 Resolution to Close Public Rights-of-Way in University Manor Phase 1 - 04-21-1998-7a~ f RESOLUTION AND ORDER OF THE ORANGE COUNTY BOARD OF COMMISSIONERS Date: April 21, 1998 Name of Subdivision: University Manor, Phase I Owner\Applicant: Key West Enterprises, Inc.\Sanford 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: All of Westcott Court and Brampton Place located offNew 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, 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 Commissioners 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 caused copies of the resolution to be posted along the roads as required by law; and, WHEREAS, the Commissioners conducted a hearing on Apri121, 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 will be filed with the Register of Deeds 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 have been carefully copied from the recorded minutes of the 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 way to the passage of the resolutions described in said proceedings. W'tness my hand and the corporate seal of the County this the ~~day of 1998. Clerk to the B and of Commiss oners RESOLUTIONS OF THE ORANGE COUNTY BOARD OF COMMISSIONERS Date: March 17, 1998 Name of Subdivision: University Manor, Phase I Owner\Applicant: Key West Enterprises, Inc.\Sanford Bailey Revocation of Subdivision Approval WHEREAS, a reguest has been filed by the Owner\Applicant to revoke the December 19, 1995 approval of the preliminary plan for University Manor, Phase I as set out in the resolution adopted by the Board of Commissioners on that date and as incorporated in the plats entitled "Water Line Easement and Open Space Plat, University Manor, Phase I" recorded at Plat Book 77, Page 191, the plats entitled "Final Plat of University Manor, Phase I, Section I" recorded at Plat Book 78, Pages 28 and 29, Orange County R and the Declaration of Development Restrictions and Requirements recorded aeig~~'ook 1572, Page 536 and to relieve the County and the Owner\Applicant of all requirements and conditions set out in the resolution and the Declaration of Development Restrictions and Requirements; and, WIIEREAS, The Board of Commissioners has determined that it should grant the request except as it pertains to the Conservation Easement granted to the Couaty in the document recorded at Book 1572, Page 555, Orange County Registry and shown on the plats recorded at Plat Book 7'7, Page 191 and Plat Book 78, Pages 28 and 29, Orange County Registry which the County wishes to retain; BE IT RESOLVED that The Board of Commissioners hereby revokes its December 19, 1995 approval of the preliminary plan for University Manor, Phase I as set out in its resolution of that date and declares the plat entitled "Water Line Easement and Open Space Plat, University Manor, Phase P' recorded at Plat Book 77, Page 191, the plats entitled "Final Plat of University Manor, Phase I, Section I" recorded at Plat Book 78, Pages 28 and 29, Orange County Regi:~and the Declaration of Development Restrictions and Requirements recorded at t ~ook 1572, Page 536 null and void and relieves the applicant/owner of all requirements and conditions set out in the resolution and the Declaration of Development Restrictions and Requirements except for the Conservation Easement granted to Orange County by University Manor Homeowners Association, Inc. as required in the resolution and as shown on the plats recorded at Plat Book 77, Page 191 and Plat Book 78, Pages 28 and 29, Orange County Registry and as more fully described in the easement document recorded at Book 1572, Page 555, Orange County Registry which the County will retain. RESOLVED FURTHER that the County Manager is authorized to execute whatever documents necessary to carry out these resolutions. Road Closing 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, Orange County Registry. 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 Apri121, 1998 in the New Human Services Building, Homestead Road, Chapel Hill, N. C. at 7:30 o'clock p.m. or as soon thereafter as the matter can be heazd. 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. I, Beverly A. Blythe, Clerk to the Boazd of Commissioners for the County of Orange, North Carolina DO HEREBY CERTIFY that the foregoing resolutions have been carefully copied from the recorded minutes of the Boazd of Commissioners for said County at a regulaz meeting of said Boazd held on Mazch 17, 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 Boazd as relates in any way to the passage of the resolutions described in said proceedings. Witness my hand and the corporate seal of the County this the~y~ day of cw'~ ~_, 1998. Clerk to the oard of Commi sinners I, Sanford W. Bailey, individually and as President of Key West Enterprises, Inc. accept the revocation of the subdivision approval described above and acknowledge that any further development application would be considered a new request subject to any requirements which are in effect at that time. Key West Enterprises, Inc. By: ~ - Sanford .Bailey, Individually as President Return to: Northen Blue, L.L.P. RESOLUTION AND ORDER OF THE ORANGE COUNTY BOARD OF COMMISSIONERS BooK1720 P,,c.E 17 Date: April 21, 1998 Name of Subdivision: University Manor, Phase I Owner\Applicant: Key West Enterprises, Inc.\Sanford Bailey VaMREAS, 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 Wesicott 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, ci593-30- q(g5 910 5. 3-3" I 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 Commissioners 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 caused copies of the resolution to be posted along the roads as required by law;and, WHEREAS, the Commissioners conducted a hearing or.April 21, 1998 allowing all W wl -pose c!;,x:, _� Led perso�-s ri) app,�v_r zn. d 1v beard or,the que_�_ztiort !;�r fhe propose be detrimental to the public interest or to any individual property rights;-and,' VgUREAS, 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 will be filed with the Register of Deeds 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 have been carefully copied from the recorded minutes of the Board,of Commissioners for said County at a BOOK 1720 PAGE 10 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 way to the passage of the resolutions described in said proceedings. Witness my and and the corporate seal of the County this the Z&Iday of 1998. The County of Orange By: Clerk to the Gard of Commi sioners v FILED r` APR 1198, at 12:32: 1Epm BO k 1720, Page 17 - 18 Betty June Hayes, Register of Deeds, Orange C aunty, N. C..