Loading...
HomeMy WebLinkAboutAgenda - 02-06-1995 - VIII-L 1. OR AN G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 6, 1995 Action Agenda Item SUBJECT: PETITION FOR ABANDONMENT OF MAINTENANCE- DUKE FOREST ROAD (Portion of Murphey School Road SR 1716) CHAPEL HILL TOWNSHIP DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACEMENT(S) : INFORMATION CONTACT: Slade McCalip Extension 2595 T.J. Dyer letter of 12/30/94 TELEPHONE NUMBERS: Secondary Road Abandonment Report Hillsborough-732-8181 Vicinity Map Durham -688-7331 Petition Mebane -227-2031 J. Edeburn letter of 10/14/94 Chapel Hill -967-9251 PURPOSE: To consider a petition from NCDOT for approval of the abandonment of maintenance on a portion of Murphey School Road (SR 1716, Duke Forest Road) from the State-maintained Road System. BACKGROUND: The N.C. Department of Transportation has submitted a petition for the abandonment of maintenance on approximately 0.70 miles between University Station Road (SR 1712) and Murphey School Road (SR 1716) . Duke Forest Road' s priority for paving is currently 142 out of 162 rural unpaved roads in Orange County. There are several reasons for abandoning this section of maintenance. First, property owners have petitioned for this portion of road to be abandoned (see attached Form SR-3) . Secondly, it has been used for illegal dumping. Thirdly, there are concerns regarding vandalism and safety along the more obscure portions of the road (see attached letter from Mr. Edeburn) . In addition this road does not provide access to residential areas and there is currently no forecasted need for this connection between University Station Road and Murphey School Road. RECOMMENDATION: The Administration recommends the approval of the abandonment of maintenance on this portion of Murphey School Road (SR 1716 Duke Forest Road) in Chapel Hill Township. Receivec STATE OF NORTH CAROLINA Managers DEPARTMENT OF TRANSPORTATION JAMES B. HUNT, JR. DIVISION OF HIGHWAYS R. SAMUEL HUNT II I GOVERNOR SECRETARY P. U. Rot 766 Graham. North Carolina 27253-0766 December 30, 1994 Orange County N r. John M. Link..ir., Manager Orange Count• 106 E. Margaret Lane IIillsborough.NC 27273 Subject: Petition for Abandonment SR 1716-Duke Forest Road(Portion ot) Chapel Hill Township Dear Mr. Link: Attached is Form SR-5,Secondary Road Abandonment Investigation Report for the above subject road.and a location map. This is being forwarded to you for review by your Board of Commissioners. Yours very truly, 1 6"r, T. .1.Dyer Q DISTRICT ENGINEER atta.. kw-v cc: Mr. J. W. Watkins,P.E. D 119 Lim A EbefteiH NOS camp.'. u Lut Lka , .'7°. LUW 1. LAt LtLL' -133, iox Ao I-ke ILI-I io� OuGtA $L lop, - ..,571 156,Jg "56 _ZX 5.8 SOU. FAJ ro OUWKIJ� C"..VA TO OU*Kl- 139 '31 3 10 1713 _ 1174 11 1110 u, 4 WOO fW: 21 k l7 111 14A- SAG 6.0 Iwo 1.3 1179 W6. .0.'l'036 GC GO. 3831 11-14 D 0 22 .55' 35 ol to PAU C, FA► To sk Bb o V 19-11 94 I SITY At LASS 09 1221 v It" U29-7, jw- "qt- A ROAD W"EO A 061 1 C H 10 co%04V KE+ IGO, - aOADS 4. NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS SECONDARY ROAD ABANDONMENT INVESTIGATION REPORT County Orange Co. File No. Date Township Chapel Hill Div. File No. SR No. & Local Name If Any SR 1716 (portion of) Duke Forest Road Length To Be Abandoned 0.70 Length To be Retained (if applicable) 2.20 Width 18' - 20' Type ABC Condition Fair Number of homes having entrances into road -0- Other uses having entrances into road -0- Is the road a school bus route? Yes Average Daily Traffic Count (estimated) 30 Date of last State maintenance performed 12-02-94 Is the road a mail route? unknown Is a petition for this request attached? Yes Is the County Commissioners' Approval attached? Yes If not, give reason Additional information applicable Property owners request abandonment due to safety and vandalism concerns. Submitted By Reviewed and Approved DISTRICT NGINEER DIVISION ENGINEER Reviewed and Approved BOARD OF TRANSPORTATION MEMBER (Do not write in. this space - (Do not write in this space For use of Planning Dept. ) For use of Secondary Roads Dept. ) Petition No. (Do not write in this space - For use of Planning Dept. ) Form SR-5 (4/89) 61-03408 dli0511Jy5 15:41 19105706873 NCDOT GRAHAM DIST PAGE 03 5. �ulze �nibersi#� OURHAM NORTH CAROLINA 27700-0332 Sf/Il7nl or THL tNVIHtJNMENT ' ' F�'OD1] OFFICE OF THE DUKE FOREST October 14, 1994 RECTE1V- ,q*t:' '03' �'8'►.tf 80F 90332 Mr Tommy Dyer, District Engineer N.C.Dept of Transportation off 19 M P. O. Box 766 Graham,N. C. 27253-0766 N.t DEPT,OF TRANSPORTATION DIVISION OF HIGHWAYS•7th DIV DISTRICT I- GRAHAM—; I)rar Mr, Dyer: We have requested the attached Abandonment Petition from Mr.J.W.Watkins for the purpose of closing State Road 1716(Duke Forest Road)in Orange County. 1,representing Duke University,and the only other land owners,Mr.and Mrs. Alfred Kirkland,have signed the petition. As you know SR 1716 lies to the north of Mt. Sinai Road connecting Murphey School Road with University Station Road. It serves no homes and,except for approximetcly 20 feet of frontage owned by the Kirklands,passes through the Duke Forest. For many years and with increasing regularity people have dumped large amounts of trash and debris along the roadside- Fresh and numerous bullet holes in signs and indications of alcohol consumption are frequently noticed there. Burned out vehicles and even a body was discovered on the road several years ago- My staff and NCV0T personnel have cleaned up trash many times,only to have more dumped within a few days. We have increasing concerns about personal safety,risk of fire and vandalism along the road,which is not frequently traveled. In addition,the costs of clean-up to us and the State will become more swfficant. We therefore recommend that the road be officially abandoadod,at which time we will matrutx heavy gates at either end and urcorporate the roadbed into the road system which provides accem to the Doke Forest for teaching,research and other purposes. We would continue to grade and now the ditchbanks periodically. 1 would appreciate your assistance in initiating tba sups necessary for the abandonment of SR 1716. Plcasc do not hesitate to contact me if you require additional information or have any questions. Thank you for your help. Si=rdy. Judson E leburn Duke Forest Resourec Manager attachment cc: Jeff Potter COMBINING THE FORMER SCHOOL OF FORESTRY AND ENVIRONMEnTAL STu DIES AND THE MARINE LABORATORY 6. NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS ABANDONMENT PETITION North Carolina County of oca A 5 Petition request for the abandonment of Secondary Road / 7/& from the State Maintained System. We the undersigned, being all of the property owners on Secondary Road 171(7' in '_ do hereby request the Division of Highways of the Deprtment f Transportation to abandon the road from the State Maintained System. PROPERTY OWNERS NAME ADDRESS &&c FL 71 cJ` 8 a 9Q 33 Z- 0.f j�✓+�� Vn�va.s.f i Form SR-3 (6-78) 61-03347 I 7 LAW OFFICES COLEMAN, GLEDHILL & HARGRAVE ALONZO BROWN COLEMAN,JR. A PROFESSIONAL CORPORATION GEOFFREY E.GLEDHILL DOUGLAS HARGRAVE 129 E.TRYON STREET KIM Y-STEFFAN P.O.DRAWER 1529 HILLSBOROUGH,NORTH CAROLINA 27278 JANET B.DUTTON (919)732.2196 DOUGLAS P.THOREN FAX(919)732-7997 SAMUEL ELY COLEMAN January 27, 1995 Mr. Slade XcCalip Transportation Planner II Orange County Planning Department Post Office Box 8181 Hillsborough, North Carolina 27278 RE: Duke Forest Road (SR 1716) Abandonment Dear Slade: Abandonment by N.C. D.O.T. from the State highway system of this publicly maintained road is of maintenance responsibility only. Favorable action on this request by the Orange County Board of Commissioners will not amount to abandonment of the public right-of-way. The property owners on either side of the road will not have the right to close this road following DOT maintenance abandonment. To accomplish right-of-way abandonment the further steps prescribed in N.C. Gen. Stat. 5 153A-241 must be taken. That is, once N.C. D.O.T. abandons the road, it is no longer under its supervision and control. Thereafter, the right-of-way can be closed by action of the Board of Commissioners if the facts support that action. A copy of the statute detailing the steps to close the public right-of-way is attached. Very truly yours, COLE21AN DHILL & HARGRAVE, P.C. Gle ill GEG/lsg Enclosure xc: Marvin Collins 1sg\home3\mcca11p.1tr j §153A-241 CH. 153A. COUNTIES §153A-241 in at least one newspaper of general circulation published in the county. After naming or renaming a public road, or assigning or reassigning street numbers on a public road, a county shall cause notice of its action to be given to the local postmaster with jurisdic- tion over the road, to the Board of Transportation, and to any city within five miles of the road. (1957, c. 1068; 1973,c. 507, s. 5; c. 822, S. 1; 1981, cc. 112, 518; 1987, c. 28, s. 2.) Local Modification. - Alamance: certain unincorporated areas of counties 1987 (Reg, Sess., 1988), c. 900; 1989, c. excepted from the application of this sec- 335,s. 1; Avery: 1983,c. 98; Brunswick: tion, see § 153A-239J. 1979, 2nd Sess., c. 1319; 1983, c. 98; Editor's Note.-Session Laws 1971, Cabarrus: 1981, c, 568, amending 1979, c. 1319, s. 1, as amended from time to 2nd Sess" c. 1319; 1983, c, 98; Cleve- time, excepts the following counties land: 198" (Reg. Sess., 1988), C. 906; from the application of this section: 1989, c. 156, s. 1; Forsyth: 1981, c. 558; Alamance, Avery, Brunswick, Burke, Guilford: 1979, c. 283; McDowell: 1989, Cabarrus, Cleveland, Henderson, Mc- c. 335, s. 1; New Hanover: 1983, c. 98- I Dowell, New Hanover, Pender, Ran- Stokes: 1983, c. 299; 1989, c, 335, s. 1; Surry: 1983, c. 299; Wake (Incorporated dclph,Sampson,Stokes and Surry Coun- municipalities therein, only): 1989, c. ties. See Cross Reference above. 511, a. 1. The catchline of this section has been Cross References. - As to naming modified at the direction of the Revisor roads and assigning street numbers in of Statutes. § 153A-241. Closing public roads or easements. A county may permanently close any public road or any ease- ment within the county and not within a city, except public roads or easements for public roads under the control and supervision of the Department of Transportation. The board of commissioners shall first adopt a resolution declaring its intent to close the public road or easement and calling a public hearing on the question.The board shall cause the resolution to be published once a week for four successive weeks before the hearing, a copy of the resolution to be sent by registered or certified mail to each owner as shown on the county tax records of property adjoining the public road or ease- ment 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 promi- nently posted in at least two places along the road or easement. At the hearing the board shall 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 hearing, 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 reasonable means of ingress and egress to his property, the board may adopt an order closing the road or 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 ease- __ .= : ment may appeal the board of commissioners'order to the appropri- ate division of 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. 116 I 9 §153A-241 ART. 12. ROADS AND BRIDGES §§'153A-241 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 proceeding begun within 30 days after the day the order is adopted. Upon 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 adjoin- ing landowner by this paragraph remains subject to any public utility use or facility located on, over, or under the road'or ease- ment immediately before its closing, until the landowner or any successor thereto pays to the utility involved the reasonable cost of removing and relocating the facility. (1949, c. 1208, ss. 1-3; 1957, c. 65, s. 11; 1965, cc. 665, 801; 1971, c. 595; 1973, c. 507, s. 5; c. 322, S. 1; 1977, c. 464, s. 34.) t Local Modification. - Guilford: within the boundaries of a dedicated 1979, c. 282; 1981, c. 59. street when use of the street is discon- f_ Legal Periodicals. - For note dis- tinued, see 45 N.C.L. Rev. 56.1 (1967). cussing the disposition of property CASE NOTES Editor's Note. - Some of the cases S.E.2d 309, cert. denied, 282 N.C. 151, cited below were decided under corre- 191 S.E.2d 601 (1972). sponding sections of former law. Restrictions on County's Power to ! Owners of property on a street Close a Way of Passage.-From this ; which is to be partially closed have section and 3 153A-239,it is clear that a an interest in the hearing on the re- county does not have the power to close quest to close the street. In re City of a way of passage which has not been Washington, 15 N.C. App. 505, 190 dedicated to the public or in which the S.E.2d 309, cert. denied, 282 N.C. 151, public has not acquired rights by pre- it 191 S.E.2d 601 (1972). scription. In re Easement of Right of is Legislative Intent as to Giving No- Way, 90 N.C. App. 303, 368 S.E.2d 639 f tice. - The true legislative intent is (1988)• !� that if a municipality wishes to close a The closing of a street must not de- street, or a part thereof, the notices re- pave a property owner of reason- quired must be given. Such an intent if able ingress or egress. Wofford v. North Carolina State Hwy.Comm'n,263 fair and just,because it affords all inter- t N.C. 677, ested parties an opportunity to be heard. . 50, 15 denied, 382 U.S. 82222,, 86 6 .2d S. Ct 5 In re City of Washington, 15 N.C. App. 0, 15 L. Ed. 2d 67 (1965). 505, 190 S.E.2d 309, cert. denied, 282 N.C. 151, 191 S.E.2d 601 (1972). An individual may restrain the Notice to Adjoining Property wrongful obstruction of a public Owners Not to Be Limited to Those way,of whatever origin,if he will suffer with Special. - The statute injury thereby distinct from the in- with convenience to the public generally, and requires notice by registered mail to the he may recover such special damages as owners of property adjoining the street he has sustained by reason of the ob- to be closed who did not join in the re- struction. Wofford v. North Carolina quest for closing the street.The words of State Hwy. Comm'n, 263 N.C. 677, 140 the statute are clear and unequivocal. S.E.2d 376, cert. denied, 382 U.S. 822, M• There is nothing to indicate that only 86 S. Ct. 50, 15 L. Ed. 2d 67 (1965). those with a "special interest" must be Applied in Whitehead Community notified by registered mail.In re City of Club v. Hoppers, 43-N.C. App. 671, 260 Washington, 15 N.C. App. 505, 190 S.E.2d 94 (1979). 117 1