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HomeMy WebLinkAboutAgenda - 04-18-1995 - VII-A e 1 • OR AN G E C 0 U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 18, 1995 Action Agenda Item # \=A SUBJECT: PUBLIC HEARING-ABANDONMENT OF RIGHT-OF-WAY-DUKE FOREST RD. DEPARTMENT: PLANNING PUBLIC HEARING: _X—YES NO ATTACHMENT(S) : INFORMATION CONTACT: - 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 - Order Closing Right-of-Way TELEPHONE NUMBERS: - Newspaper Public Notice Affidavit Hillsborough - 732-8181 Chapel Hill - 967-9251 Durham - 688-7331 Mebane - 227-2031 PURPOSE: To conduct a public hearing on and to consider an order closing a right-of-way (Duke Forest Road) located between University Station Road (SR 1712 ) and Murphey School Road (SR 1716) located in Duke Forest. 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. On March 8, 1995 the County Commissioners adopted a 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. 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. 2. 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. The resolution declaring the Board' s intent to close this right-of-way has been published as required by law, and a notice of the closing and public hearing was prominently posted at each end of the right-of-way proposed to be closed. During the public hearing of this matter, the Board must satisfy itself that closing this right-of-way is not contrary to the public interest and that no individual owning property in the vicinity of the abandoned right-of-way or in the area which it is located would thereby be deprived of a reasonable means of ingress and egress to his or her property. An order for the Board' s Consideration following the public hearing is an attachment to this action agenda item abstract. RECOMMENDATION: If the requirements of the proposed order are satisfied, adopt the order. 3. NOTICE OF THE ADOPTION BY THE ORANGE COUNTY BOARD OF COMIVIISSIONERS OF A RESOLUTION EXPRESSING THE INTENT OF THE BOARD OF COMNIISSIONERS 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 COMIVIISSIONERS 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. 1 4. This the day of , 1992. 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 RD. Q4 5. 1817 _x GR CHOS ' 6 RAILWAY = AMDf NE OARD Z�Q 1845 oR 1710 OLD N. C. 10 ij M ti PINE t c TR m not sr Mom LJLJ 4J N 1721 1716 C COU H M ....:. RIGS ' y..� RD. RD. p• ��Stj _ . 'HU S pOL' Q Cp• - G ...✓ -1 �' 'AL is • ..:�. .• -� `rte , BROCkIy F 6 RD. :- ��� 1?� 1 NDS , OOL { RD. tAURPHEY WQ-'- / 5 �CHARLOCK INAI Q0 CT Fk .� l.• J.•i, .M t. t' •r. l • . -' , - •dr, .'.: fir; .•$ = ..1• } • - `�' ate, � :.:• •';.- �� Creek EXHIBIT A GA .ANDER cr. MlAr.nr.. 6. �lIj2P �YLTfTPT'STtUy , 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 aox 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 U versify by_ Jeffrey H. Potter Alfred S. Kirkland Director, Office of Real Estate Administration Jane C.Kirkland 402 Oregon Street 3111 Mount Sinai Road Durbarn,N.C.27705 C/)poc r U..//. /�J . .Z7 S/`� 7. �ul;e �nibersit� OURMAM NORTN CAROLINA z��oe•o��x aCllorn Or TIIL tNylxvNMCNT nJ 9 iii$447A GO,1 �I OF TN£ OUME FOREST October 14, 1994 R ECEI tf or cE sa- 00392 Mr. Tommy Dyer,District Engineer 09 1 9 1994 N.C.Dept. of Transportation P. 0. Box 766 Graham,N. C.27253-0766 g N.C.DEPT.OF TRANSPORTATION DIVISION OF HIGHWAYS•7th DIY ; DISTRICT I-GRAHAM !emu Mr, Dyer: W W for the We have requested the attached Abandonment Petition from j►lir.J atkitrs purpose of closing State Road 1716(Duke Forest Road)in Orange County. 1,representing Duke Lind owners Mr.and Mrs.Alfred Kirldand,have signed the petition. University,and the only other � U ty, y As you know SR 1716 lies to the north of Mt.Sn W Road commaing Murphey School Road with University Station Road. It serves ao homes and,except for approximetely 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 sips and indications of alcohol consumption are frequently noticed there. Burned out vehicles and even a body was discovered as the road several years age. My staff-aad 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 of clears-up to us and the State will become snore significant. We therefore recoarmend that the road be officially abandoeded,at which time we WM construct heavy gates at other end and incorporate the roadbed into the road sysiern which provides access to the Duke Forest for teaching,research and other purposes. We would continue to grade and mow the dntchbanks periodically. I would appreciate your assistance in initiating time steps aaessary for the abandonment of SR 1716. Please do not hcsitatc to contact me if you require additi=1 infarrnation or have any questions. 'Thank you for your help. Sinacrciy. Judson Edeburn Duke Forest Resource Manager attachtnett cc: Jeff Potter COMBINING TM!VORMEN lic"0016 of PORtBTRV Alto CNVIRONM[NTAU STy O,ES ANO TMC MARINE LA00RATOXY • 8. LAW OFFICES COLEMAN, GLEDHILL & HARGRAVE ,LONZO BROWN COLEMAN,JR. A PROFESSIONAL CORPORATION GEOFFREY E GLEDHILL 129 E.TRYON STREET DOUGLAS HARGRAVE P.O.DRAWER 1529 10M 1L STE+FAN HIE SBOROUGH,NORTH CAROLINA 27278 JANET B.DUTTON (919)732.2196 DOUGLAS P.THOREN 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. S 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 HILL & HARGRAVE, P.C. e Gle ill GEG/lsg Enclosure xc: Marvin Collins 1sg\home3\mcca1ip.1tr 9. CH. 151A. COUNTIES 153)A-241 in at of general circula:�or, count:". in :ne Or renaming a public road. or ass., tea. I.... � ­ ­ .1u,.".bers on a oublic' road, a coun--•.- shall cause notice " :- ,' ­S n -0 be -iven to che local ooszma4 cion ov— -"� :.- 5car wi:h liu:;sd;.c- --- ­-:o the Board of Transportation, and to any c;:•,- the road. (1957'. c. jo63; 1973. c. 507, s. 5: C'. xich;n s. 1; 513: 19,57, c 23. Locul — Alamance: cenain unincor-pt;rared areas )-'-,ounc:es Ra�, I exceoted-'-crr.-'-e 9S. Brunsw!ck: --,ori. see •Cabarrus: Editor's Note.—Session La­3 2nd Sess.. c. 1319, s. 11, as amended from :,me :3 98: Cleve- '! land: 1967 R,!;,. Zej.j.. 7985), c. 906: - me, excepts the oilowing Zouncies 1969, C. 156, 3. :: 1:--:*3:;,h: I from the aoolicacion of this sac,;on: 1981. c. 35o; Guilford: 197.. • ::. -132: McDowell:'1989, Allarnarice, Aer-,, Brunswick, Burke, Mc- c. :335, s. T: -Al :-ia7over: 198.3, c. 98; Cabarrus, Cleveland, Henderson, Mc- Stokes: 299; :989, c. 335, s. 1; Dowell, New Hanover, Pander, Ran. Sorry: 1933, c. 299: Wake!Incorporated dolph,Sampson,Stoll-as and Sur:-,,Couri- municipalic,as Cnerela, 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 count-; may oermanently 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 sup. ervision 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 fJ 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 hear= 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 7% thereby be deprived of reasonable means of in- ress and egr.ess 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 7.- -scict,on to try the issues arising and to order the road or easement closed upon proper findings of fact by the trier of fact. ,53 A-?41 �R?. 12. RO. S AND 3'iDGES ''03 a-2'_ No cause of action founded u;orl tie invalidity of a proceecinly taken in Closing a public road'or an easement may be asser 2d s except in an action or proceed;-, begun within 30 days after the da': the order is adopted. I;pon the closina of a public road or an easement pursuant to this Section, all right, title, and interest in the rlgnt-of-way is vested in t..ose persons owning lots or parcels of land adjacent to the road or easement, and the title of each adjoining landowner, for -he width of his abutting' land, extends to the center line of the public road or easement. However, the right, title or ir._erest vested in an adjoin- -ing n agra landower by this parph remains subject to any public utility use or facility located or-, over, or under the road or ease- ment immediately before its closing, until the lardow-er or anv successor thereto pays to the utility involved the reasonable cost of removing and relocating the fac;iity. (1949, c. 1208, ss. 1-3; 1907, c. 60, s. 11; 1960, cc. 666, 801; 1971, c. 096; 1973, c. 507, s. 0; 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- Legal Periodicals. - For note dis- tinued, see 45 N.C.L. Rev. 564 (1967). cussing the disposition of property _Y a, CASE NOTES Editor's Note. - Some of the cases S.E.2d 309, cert. denied, 282 YC. 151, !1 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 -w 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 K S.E.2d 309, cert. denied, 292 N.C. 151, Public has not acquired ri3hts 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 lice. - The true legislative intent is (1988)' t 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. Watford v. fair and just,because it affords all inter- fair North Carolina Stage Hwy.Comm'n,263 ,.{ ;`.. N.C. 677, 140 S.E.2d 376, cert. denied, I ested parties an opportunity to be heard. 382 U.S. 822, 86 S. Ct. 50, 15 L. Ed. 2d 1 In re City of Washington, 15 N.C. App. 67 (1965)• p y 505, 190 S.E.2d 309, cert. denied, 282 An individual may restrain the N.C. 151, 191 S.E.2d 601 (1972). ` 8 obstruction of a public 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 f 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 `i,C. 677, 140 *-1 the statute are clear and unequivocal. S.E.2d 376, cert. denied, 382 U.S. 822, air= 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 i , 11. S NORTH CAROLINA BEFORE THE BOARD OF ORANGE COUNTY COMMISSIONERS ORANGE COUNTY ORDER CLOSING A RIGHT-OF-WAY LOCATED BETWEEN UNIVERSITY STATION RD (SR 1712)AND MURPHEY SCHOOL RD (SR 1716) 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 incorporated herein by reference, the Board of County Commissioners, on March 8, 1995, adopted a resolution declaring its intent to close the right-of-way identified on the map which is part of Exhibit A(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; and WHEREAS, as provided by law,the Board of Commissioners of Orange County have conducted a public hearing following notice as required by law, in order to determine that the closing of the abandoned right-of-way is not contrary to the public interest and in order to determine that no individual owning property in the vicinity of the abandoned right-of-way or in the area which it is located would thereby be deprived of a reasonable means of ingress and egress to his or her property; and 1 12. WHEREAS, the Board finds as fact from the evidence presented at the public hearing that (1) it is not contrary to the public interest for the abandoned right-of-way to be closed, and (2) no individual owning property in the vicinity of the abandoned right-of-way or in the area which it is located would thereby be deprived of a reasonable means of ingress and egress to his or her property. IT IS THEREFORE ORDERED that the right-of-way located between University Station Rd(SR 1712) and Murphey School Rd(SR 1716)in Duke Forest identified on the map which is part of Exhibit A to this order is hereby closed. The Chair of the Board of Commissioners of Orange County is hereby authorized to sign this order on behalf of Orange County and the Clerk to the Board of Commissioners is authorized to attest this order and to affix to it the County seal. This the day of , 1995. [SEAL] Moses Carey, Jr. Chair Orange County Board of Commissioners ATTEST: Beverly A. Blythe, Clerk to the Board of Commissioners 2 13. 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 the ORDER CLOSING A RIGHT-OF-WAY LOCATED BETWEEN UNIVERSITY STATION RD (SR 1712) AND MURPHEY SCHOOL RD (SR 1716) IN DUKE FOREST adopted by the Board of Commissioners for Orange County at a meeting of said Board held The original of this Order is filed in the permanent agenda file for said meeting maintained by the Clerk's office of said Board. 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 3 ` J 04/APR 12 '95 10:3WR SCHOOL (YPTNVIRfN MENT M"' $0 ADV- WAYM F 1/1 wsruvs cowwwatO�ts a w 14 OF re+err a C{p ► g w�i►r / ANN�►110N RD tx NIT Q' RA io + AFFZDA a r►e A 11gN�-0I state of North Carol3ria has «'A Donna B. aA» Minor baiJC►q dcly s�+orn e�••:�.► says that she is the Principal Clerk of to wthm �. °"or Herald Co.. Zt7C., pwbllJrherS Of The Chapel Hill Harald � � of ' .,►'�� w ` A newspaper Pubtidbsd C,v in and of 9a1lation in low"a wind may, wA that a notice of which the f,• In o.�. a true OQPY, *as pmb]ifhmd in wind aye tIma each weak .. sos 4 auozYSSiv�e w� ",, b0gitmie�9 o►4nw «+� for p C "a fw woo- OR the 22nd aa�! of March 1995 "��'a°i*0 a'� All O'N sworn to and snbeccribed befma me this 12th. day of My ound im eapisr: 12-16-96 {i , !iar'th �z'olins �QOUN Post4e Fax Note 7671 °i� f-f 2 P ea► Him 1ttt� "S McCigtip PIK".r P e"W s -&013 WaI&I an