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HomeMy WebLinkAboutAgenda - 01-18-1994 - VII-A 1 ' OR AN G E C 0 U N T Y BOARD OF COMMIISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 18, 1994 Action Agenda Item # - a SUBJECT: PETITION FOR ABANDONMENT - RIGHT-OF-WAY IN HIDEAWAY ESTATES SUBDIVISION DEPARTMENT: PLANNING PUBLIC HEARING —x—Yes No ATTACHMENT(S) : INFORMATION CONTACT: Eddie Kirk Extension 2582 Resolution Petition by Property Owners TELEPHONE NUMBERS: Vicinity Map Hillsborough-732-8181 G.S. 153A-241 Durham -688-7331 Order Closing Right-of-Way Mebane -227-2031 12-6-93 Agenda Abstract Chapel Hill -967-9251 PURPOSE: To conduct a public hearing on and to consider an order closing a right-of-way located off Hideaway Drive in Section Three of Hideaway Estates Subdivision. BACKGROUND: A property owner in Hideaway Estates Subdivision has submitted a petition to close a right-of-way located between lots 13 of block D and lot 1 of block E in Section Three of Hideaway Estates Subdivision. There are several reasons for abandoning this right-of- way. First, Interstate-40 was constructed which cut off most of the property this right-of-way was designed to provide access to. Second, the two lots on each side of the right-of-way now extend all the way back to Interstate-40. Finally, the road in the right-of-way has never been constructed and is not needed for ingress or egress to the property. 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 subdivision in 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. 2 RECOMONDATION: If the requirements of the proposed order are satisfied, Administration recommends adoption of the order. 1 3 i NOTICE OF THE ADOPTION BY THE ORANGE COUNTY BOARD OF COMMISSIONERS OF A RESOLUTION EXPRESSING THE L'A'TENT OF THE BOARD OF COMMISSIONERS OF ORANGE COUNTY TO CLOSE A RIGHT-OF-WAY LOCATED BETWEEN LOT 13 OF BLOCK D AND LOT 1 OF BLOCK E IN SECTION THREE OF HIDEAWAY ESTATES SUBDIVISION RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS OF INTENT TO CLOSE A RIGHT-OF-WAY IN SECTION THREE OF HIDEAWAY ESTATES SUBDIVISION WHEREAS, petitioners Homer R. Tapp and Margaret C. Tapp 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 from the petition that the road in the abandoned right-of-way' has never been constructed; 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 OWASA meeting room on Jones Ferry Road in Carrboro, N.C., on the 18th day of January, 1994 at 7:30 p.m. The Clerk to the Board of County Commissioners is directed to publish this Resolution in the Chapel Hill Herald 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 t This the it day of Decerrb r , 1993. Commissioner Carey moved the passage of the foregoing resolution and Commissioner Insko seconded the motion, and the resolution was passed by the following vote: Ayes: Commissioners Moses Carey, Jr. , and Commissioners Alice M. Gordnn, Verla C. Insko, Stephen H. Halkiotis and Don Willhnit Noes: NONE 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 December 6, 1993 , as relates in any way to the Resolution for closing a right- of-way located between lot 13 of block D and lot 1 of block E in Section Three of Hideaway Estates Subdivision 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 7th day of December , 1993. [SEAL] �ti Beverly Blythe, Clerk to the Orange County Board of Commissioners 2 5 November 1 , 1993 Mr . Eddie Kirk Orange County Planning Department 106 E . Margaret Lane Hillsborough , N . C . 27278 Dear Mr . Kirk , We the undersigned , being all the property owners surrounding the easement in question , are requesting the closing of the existing , undeveloped easement for No Name Road that borders lots #13 and 1-E in the Hideaway Estate Subdivision , essential for access to any of the property bordering it . Thank you very much for your attention to this matter . Sincerely , ov c . Homer R . Tapp Margaret C . Tapp 5911 Hideaway Drive Chapel Hill , N . C . 27516 6 0 0 o 0 W W I X- 40 , I � 99 { 2.3OAC ' I -, 1048 5.211 \ MAP 14C z AC \ (HIDEAWAY ESTATES,SEC.3) I B 3657 1 ►I I o •- 7.58AC• i SEC I i CD I Sr=C2 I 17.74 AC. 4 s • 6209 I = OIC I MEADOW � I GREER 1935 FZ SEE - 10.00IAC. I MAP 14B I(HIDEAiNAY I I ESTATES i i DoT SEC2) I 564 . D I Oi 5 w 0OD 10.00IAC• 49.48AC• CAL. RD _. 0047 510 \ 18 i 13 Grr i 2238E 29 AL` �r 4335 103A 28 AG 15 1.03 AC �03 1� 7 § 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. 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- =.t. meat inunediately before its closing, until the landowner or an - 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- Legal Periodicals. — For note dis- tinued, see 45 N.C.L. Rev. 564 (1967). cussing the disposition of property 8 NORTH CAROLINA BEFORE THE BOARD OF ORANGE COUNTY COMMISSIONERS ORANGE COUNTY ORDER CLOSING A RIGHT-OF-WAY LOCATED BETWEEN LOTS 13 OF BLOCK D AND LOT 1 OF BLOCK E IN SECTION THREE OF HIDEAWAY SUBDIVISION WHEREAS, petitioners Homer R. Tapp and Margaret C. Tapp 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 from the petition that the road in the abandoned right-; of-way has never been constructed; 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, the Board finds as a 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 inidividual owning property in the vicinity of the abandoned right-of-way or in the subdivision in which the abandoned right-of- way is located would thereby be deprived of reasonable means of ingress and egress to his or her property. 9 IT IS THEREFORE ORDERED that the right-of-way located between lots 13 of block D and lot 1 of block E in Section Three of the Hideaway Estates Subdivision 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 1994. [SEAL] Moses Carey, Jr. Chair Orange County Board of Commissioners ATTEST Beverly A. Blythe, Clerk to the Board of Commissioners 10 t 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 LOTS 13 OF BLOCK D AND LOT 1 OF BLOCK E IN SECTION THREE OF HIDEAWAY ESTATES SUBDIVISION 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 aganda 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 , 1994. [SEAL] Beverly Blythe, Clerk to the Orange County Board of Commissioners pl O 8, W� V • A w - _ EXHIBIT A al z - R s � I N N i M. _ MA PIS Q h _ cs "Y V I Ow, 12 b O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 6. 1993 Action Agenda Item # SUBJECT: PETITION FOR ABANDONMENT - RIGHT-OF-WAY IN HIDEAWAY ESTATES SUBDIVISION DEPARTMENT: PLANNING PUBLIC HEARING Yes _x—No ATTACHMENT(S) : INFORMATION CONTACT: Eddie Kirk - Extension 2582 Resolution Petition by Property Owners TELEPHONE NUMBERS: Vicinity Map Hillsborough - 732-8181 G.S. 153A-241 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To consider adoption of a resolution setting a public hearing on the abandonment of a right-of-way located off Hideaway Drive in Section Three of Hideaway Estates Subdivision. BACKGROUND: A property owner in Hideaway Estates Subdivision has submitted a petition to close a right-of-way located between lots 13 of block D and lot 1 of block E in Section Three of Hideaway Estates Subdivision. There are several reasons for abandoning this right-of- way. First, Interstate-40 was constructed which cut off most of the property this right-of-way was designed to provide access to. Second, the two lots on each side of the right-of-way now extend all the way back to Interstate-40. Finally, the road in the right-of-way has never been constructed and is not needed for ingress or egress to the property. Following adoption of the resolution, State statutes require that it be advertised for four successive weeks prior to the public hearing. The Planning Staff recommends adoption of the resolution to abandon the right-of-way and the scheduling of a public hearing to receive citizen comment on the proposal. The public hearing can be conducted at the Board of Commissioners January 18, 1994 meeting. RECOMMENDATION: The Administration recommends approval per the Planning Staff recommendation.