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HomeMy WebLinkAboutAgenda - 03-08-1995 - VIII-D 1. O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 8, 1995 Action Agenda Item # SUBJECT: PETITION FOR ABANDONMENT OF RIGHT-OF-WAY - DUKE FOREST RD. DEPARTMENT: PLANNING PUBLIC HEARING: YES —X—NO ATTACHMENT(S) : INFORMATION CONTACT: - Draft Resolution Slade McCalip, Ext. 2595 - Vicinity Map Gene Bell, Ext. 2589 - Petition - J. Edeburn Letter of 10-14-94 - G. Gledhill Letter of 01-27-95 - N.C. General Statute 153A-241 TELEPHONE NUMBERS: Hillsborough - 732-8181 Chapel Hill - 967-9251 Durham - 688-7331 Mebane - 227-2031 r PURPOSE: To consider adoption of a resolution for the abandonment of right-of-way for Duke Forest Road and setting April 18, 1995 as the public hearing date for consideration of the issue. BACKGROUND: On February 6, 1995 the County Commissioners approved a petition for the abandonment of maintenance on Duke Forest Road, the 0.7 mile section of SR 1716 between University Station Road and Murphey School Road. The petition was submitted by the N.C. Department of Transportation (NCDOT) on behalf of the property owners adjacent to the road, Duke University, and Alfred S. and Jane C. Kirkland. The adjacent property owners desire right-of-way abandonment so the road can be closed completely. Reasons for abandonment include illegal dumping, vandalism, and safety concerns along the more obscure portions of the road. The road does not provide access to residential areas, and there is currently no forecasted need for this connection between University Station Murphey School Road. NCDOT estimates that the road currently carries about 30 vehicles per day. Procedures for right-of-way abandonment are contained in N.C. General Statute 153A-241. The basic steps include: 1) Adoption of a resolution by the County Commissioners declaring their intent to close the public road and calling a public hearing; 2 ) Publication of the resolution once a week for four successive weeks before the hearing; and 3) A notice of the closing and public hearing to be prominently posted in at least two places along the road. At the hearing the Board shall hear all interested persons regarding whether the closing would be detrimental to the public interest or individual property rights. If, after the hearing, the Commissioners are satisfied that closing the road is not contrary to the public interest or individual property rights, they may adopt an order closing the road. A certified copy of the order shall be filed in the Register of Deeds office. RECOMMENDATION: The Administration recommends adoption of the resolution to declare the intent of the Board of Commissioners to abandon the right-of-way for Duke Forest Road and scheduling a public hearing for consideration of the issue on April 18, 1995. NOTICE OF THE ADOPTION BY THE ORANGE COUNTY BOARD OF COMMISSIONERS OF A RESOLUTION EXPRESSING THE INTENT OF THE BOARD OF COMMISSIONERS OF ORANGE COUNTY TO CLOSE A RIGHT-OF-WAY LOCATED BETWEEN UNIVERSITY STATION RD (SR 1712) AND MURPHEY SCHOOL RD (SR 1714) IN DUKE FOREST RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS OF INTENT TO CLOSE A RIGHT-OF-WAY IN DUKE FOREST WHEREAS, petitioners Alfred S. Kirkland, Jane C. Kirkland and Judson Edeburn(for Duke Forest and Duke University)have filed a petition before the Board of County Commissioners to close a right-of-way identified on the map which is part of Exhibit A to this Resolution(hereinafter "the abandoned right-of-way"); and . WHEREAS, it appears that no individual, firm or corporation owns property in the vicinity of said right-of-way without a reasonable means of ingress and egress to his, her or its property; NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Orange County that it intends to close the abandoned right-of-way. That prior to a decision on the closing of the abandoned right-of-way, a public hearing shall be held in the Orange Water and Sewer Authority (OWASA)Building in Carrboro, on the 18th day of April, 1995 at 7:30 p.m. The Clerk to the Board of County Commissioners is directed to publish this Resolution in the Chapel Hill Herald and the News of Orange County once a week for four(4) successive weeks before said hearing and that the Clerk shall send by certified mail to each owner of property adjoining the abandoned right-of-way and shall prominently post a copy of this Resolution in at least two (2) places along the abandoned road as required by N.C. Gen. Stat. §153A-241. This the day of 11995. Commissioner -moved the passage of the foregoing resolution and Commissioner seconded the motion, and the resolution was passed by the following vote: Ayes: Noes: NORTH CAROLINA ORANGE COUNTY I,Beverly Blythe, Clerk to the Board of Commissioners for the County of Orange,North Carolina, DO HEREBY CERTIFY that the foregoing is a true and complete copy of so much of the proceedings of the Board of Commissioners for said County at a meeting held , as relates in any way to the Resolution for closing a right-of- way located between University Station RD(SR 1712) and Murphey School RD (SR 1714) in Duke Forest as illustrated on Exhibit A to the Resolution hereinabove set forth, and that the said proceedings are recorded in the Minute Book containing the minutes of said Board for said date. WITNESS my hand and the common seal of said County, this the day of ' 1995. [SEAL] Beverly Blythe, Clerk to the Orange County Board of Commissioners 2 + $ STATION D RD.. ce OARD S� �•� R } GR CHOS °R I710 "-- PUNO J� OLD N.C. M ER0' HE ti S 1845 I c PINE .r TR. as N��•� �I 1721 ..�.'.....`' ..._,..,^T�y /,? +.. `~ O�Gt• /'~r -.. . �,Q /3 �. 4 V • RIGSBEE •'. � 1716 RD. � • •" O�ti • CODUH M . : HUS f R RD. I NDS - ,�,'� SC OOH RD. bR. 19 MURPHEY ,$ a �••-' > ug 5 �CNARLOCK ll CT _ tNAI + ' 186 o MT- Creek - . Imo_ '• Vood EXHIBIT A XANDER cr. • r puke -jArtibersitiqtj DURHAM NORTH CAROLINA 27708-0332 SCHOOL OF THE ENVIRONMENT TELEPHONE (919) 613-8013 OFFICE OF THE DUKE FOREST February 15, 1995 FACSIMILE (919) 684-8741 Box 90332 Mr. Slade McCalip Orange County Planning Department P.O. Box 8181 Hillsborough,N.C.27278 Dear Slade: We the undersigned property owners do hereby request the closing of the existing right of way for Duke Forest Road(SR-1716)in Orange County. Sincerely, Duke University by A Jeffrey H. Potter Alfred S.Kirkland Director, Office of Real Estate Administz-ation, lane C. Kirkland 402 Oregon Street 3111 Mount Sinai Road Durham,N.C. 27705 C-/) /j die k2�r i 79� 1�.at i 7i d7 r bbd l r+t uu i r a~�rt u i PAGE 03 7. �fuke �ntbersti� ONRmAM NORTN CAROLINA • 2�TOe•o�ax %rtin yt or TII LNVI-%ONMQNT r��+� 4 fbFb•dO17 os�tcE OF rN¢ouKt toRriST October 14, 1994 'lYw,i'L 90A 90332 Mr. Tommy Dyer,District Engincer N.C.Dept. of Transportation 09 19 M P.U. BOX 766 Graham,N. C. 27253-0766 N.C. DEPT.OF TRANSPORTATION DIVISION OF HIGHWAYS•7th DIV DISTRICT I-GRAHAM Dear Mr. Dyer: We have nequsstcd the attached Abandonment Petition front Mr.J.W.Watkim for the purpose of closing State Road 1716(Duke Forest Road)in(range County. 1,representing Duke University,and the only other land owners,Mr.and Mrs. Alfred Kiddand,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 hoaxes and,except for appmdrnetely 24 feet of frontage owned by the Kirk!ands,passes through the Duke Forest. For many years and with increasing regularity people have dumped large amounts of trash and debris along the roadside. Froth and numerous bullet holes in signs and indications of alcohol consumption are frequently noticed them. Burned out vehicles and even a body was discovered on the road several years ago. MY.staff.and NCDOT 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 ofclean-up to us and the Statc will become more significant. We tbctzfore recommend that the road be officially abandonded,at which time we will comatruct heavy gatra at either end and incorporate the roadbed into the road systvm which provides arenas to the Duke Forest for teaching,research and other purposes. We would continue to grade and maw the ditchbanks periodically. 1 would appreciate your assistance in initiating the steps ncceasary for the abandonment of SR 1716. Please do not hesitate to contact me if you require additional information I?r have any questions. 'Thuile you for your help. Sinccrcly. Iudsan Edeburn Duke Forest Resource Manager attaclunent cc: Jeff potter COMt3ININC TWE FOR}AtR SC14COL Of FORtiTRY ANO ENvIRONMSN7Ai,s-rvot¢s ANO THC IMAx,Nt LABORATORY LAW OFFICES COLEMAN, GLEDHILL & HARGRAVE ALONZO BROWN COLEMAN,JR. A PROFESSIONAL CORPORATION GEOFFREY E GLEDHILL DOUGLAS HARGRAVE 119 E TRYON STREET KIM K STEFFAN P.O.DRAWER 1529 JANET B.DUTTON HBISBOROUGH,NORTH CAROLINA 27278 DOUGLAS P.THOREN (919)732.21% FAX(919)732.7997 SAMUEL ELY COLEMAN January 27, 1995 Mr. Slade McCalip 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, COLEMAN DHIIX 6 HARGRAVE, P.C. e Gle ill GEG/lsg Enclosure xc: Marvin Collins 1sg\home3\mcca1ip.1tr - 9. §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 Local Modification. — Alamance: certain unincorporated areas of counties 1987 (Reg. Sess., 1988). c. 900; 1989. c. excepted from the application of this sec- Cabarrus: 1981, c. 568, amending 1979, c. 1319, s. 1, as amended from time to 2nd Sess., c. 1319; t983, c. 98; Cleve- time, excepts the following counties land: 198" (Reg. Sess., 1988), c, 906; from the application of this section: 1989, c. 156, a. 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; Dowell, New Hanover, Pender, Ran- Stokes: 1983, c. 299; 1989, c. 335, s. 1-1 dolph,Sampson,Stokes and Surry Coun- Surry: 1983, c. 299; Wake(Incorporated municipalities therein, only): 1989, c. ties. See Cross Reference above. 511, S. 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. 10. §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. 822, s. 1; 1977, c. 464, s. 34.) Local Modification. - Guilford: within the boundaries of a dedicated 1979, c. 282; 1981, c. 59. street when use of the street is discon- a Legal Periodicals. - For note dis- tinued, see 45 N.C.L. Rev. 564 (1967). cussing the disposition of property ,t! CASE NOTES Y• 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§ 153A-239,it is clear that a an interest in the hearing on the re- county does not have the power to close I! quest to close the street. In re City of a way of passage which has not been It Washington, 15 N.C. App. 505, 190 dedicated to the public or in which the S.E.2d 309, cent. denied, 282 N.C. 151, public has not acquired rights by pre- :. 191 S.E.2d 601 (1972). scription. In re Easement of Right of Legislative Intent as to Giving No- Way,90 N.C. App. 303, 368 S.E.2d 639 .. (1988). tice. - The true legislative intent is i; that if a municipality wishes to close a The closing of a street must not de- street, or a part thereof, the notices re- Prive a property owner of reason- quired must be given. Such an intent if able ingress or egress. Wofford v. v fair and just,because it affords all inter- N.C. Carolina State Hwy.Comm'n,263 ' N.C. 677, 140 S.E.2d 376, cert. denied, ks ested parties an opportunity to be heard. 382 U.S. 822,86 S. Ct. 50, 15 L. Ed. 2d In re City of Washington, 15 N.C. App. 67 (1965). 505, 190 S.E.2d 309, cert. denied, 282 An individual may restrain the N.C. 151, 191 S.E.2d 601 (1972). wrongful obstruction of a public !� t Notice to Adjoining Property way,of whatever origin,if he will suffer Owners Not to Be Limited to Those injury thereby as distinct from the in- ! with Special.Interest - The statute convenience to the public generally,and i 4 requires notice by registered mail to the he may recover such special damages as •V 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, £�. 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). i 117