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HomeMy WebLinkAboutAgenda - 04-20-1993 - VI-A 1 ORANGE C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date April 20 , 1993 Action Agenda Item # V.1-A SUBJECT: ORDER CLOSING RIGHT-OF-WAY - END OF WISTERIA DRIVE DEPARTMENT: PLANNING PUBLIC HEARING: X Yes No ATTACHMENT(S) : INFORMATION CONTACT: Emily Cameron Resolution Extension 2580 Petition by Property Owners Vicinity Map NC G.S. 153A-241 TELEPHONE NUMBERS: Birchwood Lake Estates Plat Hillsborough - 732-8181 Whitfield's Glen Preliminary Plat Durham - 688-7331 Order Closing Right-of-Way Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To conduct a public hearing on and to consider an order closing a right-of-way located at the end of Wisteria Drive (SR 1884) in Birchwood Lake Estates Subdivision, Phase I. BACKGROUND: Closure of the Wisteria Drive stubout is related to the Preliminary Plan application for Whitfield's Glen Subdivision, which is scheduled for consideration following the Board's decision on the right-of-way abandonment. Once the right-of-way is closed, the property will be used to provide direct access to one of the proposed lots in Whitfield's Glen. Birchwood Lake Estates Subdivision, Phase I, is located in Chapel Hill Township on the south side of Whitfield Road (SR 1731) east of Mimosa Drive (SR 1880) . In 1975, the plat for Birchwood Lake Estates, Phase I, showed a stub out at the end of Wisteria Drive (SR 1884 ) extending to the western boundary of the subdivision between lots 9 and 10 . The stubout was never constructed. Wisteria Drive ends in a cul de sac approximately 210 feet from the western subdivision boundary. Lots 9 and 10 have driveways extending from the cul de sac. In 1979, the Department of Transportation accepted the constructed portion of the road for maintenance responsibility. On March 23, 1993, the Board of Commissioners adopted 2 a resolution declaring the Board's intent to close the stubout at the end of Wisteria Drive. The resolution was published in local newspapers and posted at two places along the stubout as required by law. If the right-of-way is abandoned, ownership will revert to adjacent property owners, in this case, the owners of lots 9 and 10 in Birchwood Lake Estates, Phase I. These owners have agreed in writing to deed the land in the stubout to Mr.John Glenn Whitfield and have consented to the installation of a driveway for a proposed lot in Whitfield's Glen Subdivision. The Planning Board reviewed the Preliminary Plan for Whitfield's Glen on March 15, 1993, and recommended approval according to the Resolution of Approval. The Planning Board and Administration's recommendation on the Preliminary Plan will be reported with the subdivision application as an item for decision. For closure of the right-of-way, the Board of Commissioners must be satisfied that such action is not contrary to the public interest. Furthermore, the Board must decide that no individual owning property in the vicinity of the abandoned right-of-way or in the subdivision in which it is located would be deprived of a reasonable means of access to his or her property. After citizen comments on this matter are presented, the public hearing must be closed. The hearing is to be followed by consideration of the attached order closing the right-of-way at the end of Wisteria Drive. RECOMMENDATION: If the requirements of NCGS 153A-241 are met, the Administration recommends adoption of the order closing the right-of-way at the end of Wisteria Drive. The Administration further recommends that the Commissioners consider the Preliminary Plan for Whitfield's Glen immediately following adoption of the order closing the right-of-way. 3 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 AT THE END OF WISTERIA DRIVE (SR 1884) IN BIRCHWOOD LAKE ESTATES SUBDIVISION, PHASE I RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS OF INTENT TO CLOSE A RIGHT-OF-WAY IN BIRCHWOOD LAKE ESTATES SUBDIVISION, PHASE I WHEREAS, petitioners Pauline H. Whitfield, John Glenn Whitfield, Lanny Trogdon, Lynn Trogdon, and Dennis Clements 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 at the Orange Water and Sewer Authority headquarters in Carrboro, on,the 20th day of April, 1993 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) 1 successive weeks before said hearing and that the Clerk 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 23rd day of March , 1993. Commissioner Verla Insko moved the passage of the foregoing resolution and Commissioner Stephen Halkiotis seconded the motion, and the resolution was passed by the following vote: Ayes: Chair Moses Carey, Jr. and Commissioners Alice M. Gordon, Stephen H. Halkiotis, Verla C. Insko and Don WillJoit 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 March 23, 1993 , as relates in any way to the Resolution for a closing a right-of-way located at the end of Wisteria Drive (SR 1884) in Birchwood Lake Estates Subdivision, Phase I, 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 2)+th day of March , 1993. Bever ,/:lythe, Cl- to the [S E A L] Orange County Board of / Commissioners 2 5 WISTERIA DRIVE RIGHT-OF-WAY ABANDONMENT Be it resolved that the property owners listed below wish to petition Orange County to close a portion of the 60 foot right-of-way designed to extend Wisteria Drive into Mr. John Glenn Whitfield's adjoining property. Plats recorded at Book 24, page 6 and Book 30, page 33 show the Phase I lots in Birch Wood Lake Estates off Whitfield Road. The property owners affected by this change are: Mr. John Glenn Whitfield 4113 Whitfield Road Chapel Hill, N.C. 27514 Mr. Lanny Trogdon Book 24 Page 6 114 Wisteria Drive Plat Book 30 Page 33 Chapel Hill, N.C. 27514 Lot 10 Mr. Dennis Clements Plat Book 24 Page 6 119 Wisteria Drive Plat Book 30 Page 33 Chapel Hill, N.C. 27514 Lot 9 The above owners do not support an extension of Wisteria Drive nor see a need for its existence. They do however support the low density development of Mr. Whitfield's property as approved on January 25, 1993 on the Whitfield's Glenn Concept Plan. The plan calls for lot 6 in Whitfield's Glenn to be accessed through the abandoned right-of-way from Wisteria Drive. The above owner's wish to restrict the disturbed driveway area to a width of 20 feet and that any resulting landscaping remain in keeping with the natural woods environment. It is the wishes of the owners that the abandoned right-of-way area be deeded to Mr. Whitfield and become part of Lot 6 in Whitfield's Glenn. 67a-L4Q4u2. .P,,,tp_si *'-rte �Y a.44441 6145)".--- • I �-i Z r * ' ''t, 1�1 1i 11��1l�7eiZ1 i 4. ` `a 1„ \� '1 � lttt l!t tt�lt� t 6 -..r 7. •1442.k.w .t E,,,b4c.ei•$ I -.■i....;,...S .. . 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'' .. A.'.r.. �u4..ri.' h..1K o. u. Id......a rova......c.I ...1.. � y1� rert li.c. to 1..• tomcat El■•a for n.I.4ru.lu.•MI. Lw l fir- �,i• ">,C j lR � - ��r K. 1..•rrw.74 . �m.0.....7 j�. r.loci. r. n. In Maui. 3'� hurt 33. - �.r a. . ;. & _ f r....Z�r DI": 1.41. .ht 11.u.oar.,'AT '). Mi.. iii .r r .L,ssi:s •14, .1:r_. _� Met., J.m.Harr. hc:1•l.. Veto. 1./:. ... it.L W V _..._. - EXHIBIT A . • u'1 Vf rQ h O U pi <I O C cJ ,n9 7g IIH 3NId f~ c m:� � G N 21 . I - c U...; I �� � 1 N U `13 h V Q \V La © ! gym ?U O .Q h P a' , '-' Q rn Q n 0� � a C h M �s � � N Cr � Q O Ov� c) a. .{ U O J 0 Q m Q �. w N ,C cn \ 4 N _ 1 �`M / _i T a...� \ / / cx tn 2.„N N's./ice cc \ :7: -.1011■11110.' w cr a 0 c Lo. .•,21 Y!I Ng— p V opAf _ IT _ \ _— N `c\ m , r`. 77 N.,.®.11 1 En � i a1-1 GOr :(c 1''1 ).- 1 e�5.,,,,,,,,,,,....,"u.-6) a.aat 1 1 a-1C:2 0<C.—. 51 1 Zalc I MI •-. N. / , X-I 1 I •JJ I I Nt, / 6£ � 5,..7...E 1 £ K.) •0II *7).6";, l',;' I. I $ r., W N J \ d U r y T� Np Cr I - <yF .` ad rD , _ p 01 I1 \\��..///to 7 // 4 ? !� " V to 11 O \ \„' ti • N _ , •N., m • w1 eh c _ .. D• o n •Y N 0 r � 00 C \ b f /� m Q D 1-0 a 1 \\ q I, U cz i .... G9 1686—1----0686 I 8 § 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- 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- Legal Periodicals. — For note dis- tinued, see 45 N.C.L. Rev. 564 (1967). cussing the disposition of property • - PRELIMINARY PLAT- NOT FOR RECORDATION, SALES, OR C' _ 9 c :V 6 0 .•1.964 . NOTE M 1..2"fowl•••••••ner✓o(roc U. .J 1 '' du,•.«•6 u..60, d 7..231.'-1n•,own - WNRI7RO ROAD DATA - r•a«1rIN p.,.w"'W b.o,ly Soclww N- CWriE �R4pV7 I LFN 37 [NY)3;8.0.7'03 BLVNA'C I OCI IA 6-e-.d I5 0.23108 Cou.ly 5apeee.50 BOO ul 1171..." 519.690 N 61'06'.])f 6'J11� Rpvwem.oN0 AncN 11.5 of In• x 4w+9•Ceunly 2mnp Wvmprwr. • --___t_._-_- 1 WNI7F7E D ROAD (SR 1730).., _ 0 �_---- «1 _ s 62.1001E f ... 1 • . -- �, � y -y` Lona'ORR Buf(or (TrPL6) /' $ 3 -6' S -II± - � ' P:ri J `- 37•9 1 110 �' `I ^ ?E 1 • 12;E afib - '� Z _ _..� -_ _- _ _ _ __ -10 - 'l n E 1 I (I' I. N 71 6 8 n n cnop.�N r I I w - .. e ( a g "9opiel ■I • -----i., , -.\ . 1! i v,\��'' - ,ro 4.25 Act I wb E Lel■c •-••1 \-- \ (.7.95 qc. •:ewernoj/W) J s 6 .c9' 1 I g u .J' I 115 00' r £ x l m`11�_ IC21 I I _ - -R1 - �A s „ j" 4.Jf �c. / °`O� - - - -- i /. /. \ 0.19 AC. 3- •i )r (4.17 Ac, e , N/A) / I / 1 -�1p i 1 • '.ivy - __.yr-f 1 \ }(+fF M O 6 al /, \ 1 �6 0 f� / ,�1 s.. ■ DUCK POND 7RA/< ..... hl^q'4,/, "`333 'r'-$:‘• /� �m ,..,„.27,-'. la]c9«'���`\�S[/✓ (PrJvote) -�,c/R,��, '\ / /r 1000 5, EIS -.11--,0. . -..(doss 6) / \ ]' \ \\ / ,b// f l \\ \`;' '.D VI, • •1AfCN«Pr •^ 'GI \\ \ _J S /�I / I V '%�? 1 S EnSEN[NI f 1 G - 1 ('E s 7.•01'52"w N CS \ a.RS 5 ` 11 SS.J]' 3 R9'SC'JE 2 - U1 \ \A //O \ `N9 • .p(Q f �� ; / / ! / 115.58 v 7ATA- .` \\\ 5.23 Ac. 2 aH t` B5 Ac. 1 r-^,l i 7 ro \ r '/ w/w/ 1 / i ,Is G1 and `_ O�J\ // .d �5 / .\�� \ ,\� /.-V / :c: De deeded C` / 54'; 7 i \��*- 6\ / 4,14° County to 52 u \ i / f�`} / ,,�J stion Space \ \ - �',v-,.. . 1 /l / / ei 1� .b lows• . 1I .\/. D.( 91 -I.. \ `\-' - ke le fa'f :. YYY 448 °� 23)23' I 106 -4-'''.1.,.-_-`, \ A 5 ,,Id 6953.59'1 105.10' lop. �( 71•Qua 00''�(iJ' i 5•^* r .r' -- \ sl, P \ • 6.91 Ac. b I 7'�- '6p1C3wOOD LAKE E5 Pia 24 ee 5 DB 246 qp t • (5.85 AG e:, R. I) n ' / , PB SC p9 33 - CREENWAY PROPERTY UNE DATA - ) '4! UNE DIRECO6R. I 0751ANCr / f 4.e / i CI N 16']1'05 n' 1179' I '40 CJ N 05-)6'.2 w 71 e5' . C. S 7627.52 w 716' / // ^wh / / O / to CS A'7!77'5.0: 23.23' CC A 15.7.55 W 72.3" • C N 71,7.1'f so.os• / o \ /( - / / 3.81 Ac. I C6 N 15-.725~w 25 OJ• ...us rENC7N I CNORD 87077 .E,', \ l t. / I !66600' 19716' Rs.10' N 1707.16 w OTl9 , I p l 7:':079591.:'50 \ I 1/' ..... 1�1 SUNRISE-.040 DATA- �/ EMC 1 D.RECn 5! I ''''''''.?'7 ' / \ ` I L°1 ID s, J7roE�' 78• -,,,,,1 N S] 11.C .760.2 27.1:' .I. =yF/7"'d'« 56 N IS.25Y w 25.00' n 361 � -/�. s! N 15-.2"52 it 25.00' I OW i� \ \i N N .z 1 SC N 20.9'377 w 7071• - �j-- 'n :=sus I UNC9N oroRn f euR1NC I DEl 2"6 �� 6 i $ \4i• \ 5700 00• 199.12' 199.09' N ITOE'SY w' D3'0q')6'I J�/ \ g DUCK POND 772.4/L ' / 'r` ..r...- /�\\/„............„_,__,/` 6.: J \g c - 1 - CENTFRUNE GAM - ° I '�D� .` - )'19.26,- }5 :5M LENC7N CNORD I ecA4:NC 0E171 F _ / 575 Pr J21.5, .717.2' N 89'17'07 w 32-0056` 1 1 9563' JII IS' J07 7C. N 5601.56 « 32"50.15 I �`�/ I „5...8 3 J 1p'/\_ -RICHT-OE-WAY DATA- - - I / UNE 1 00-.7.710,: 1 O'S7M5C ' ° ] I RI A 76-21•SY E 176.75' a I O �/ < ] 811 5 76']7'52 n 131.66' On•.p E.fmA. 61.W'+ +_VE LfNG71- 017037 -. (Ram I OS 60066' J27.35- 32565- S er6CSt CC J1161e DB 135 P9 421 ,"y'. I 6.50 Act �' N 6255'59'w 650.66' )76.96' 272.56' S 605951'f 261.03E )5.00' 19.89' 19.71' S 00390.0-r 3n,,,JY ' // "'�N„ 50 00' J1 JD' Jr)3• S 76'56'17 C JTOIroE So 00' 9067- 76.75• 5 06'25,7'f 1005,7' M; -so 0D' 661' 77.5r N 4160'); W 101,3'06' 1 �'`�f I , +'_ 50.00' 29.76' 2892• A 16'0_10, n' 30370..2 e P - DD 00• 21.77' 21.59• N 2765'21'6 51.10.1E \\ - '1$. • 35068• 569.55' 511.030 N 7636.5-w 55-10"66" w e I '4 6 Let 9 ------ 7..ON At \�- -- -- J N 67 2 OAK HILL ROAD (SR 1635) 62.15• .;.. • 4t,, w m9 owner by I---�-_ - ae 93. -64K HILL ROAD DATA- \ "6 P O1 CVOIT840105 IExCM COORS 0C•IRA'0 00171 \ 1 U6Sl' 161.61' 16167' N 76.77.6 9 11'120 W(-IT P IELQ `5 qt.-E4 t P�6E.L ti--t t I!A E.-C Pr_d.TP • 1_ 0 NORTH CAROLINA BEFORE THE BOARD OF ORANGE COUNTY COMNIISSIONERS ORANGE COUNTY ORDER CLOSING A RIGHT-OF-WAY LOCATED AT THE END OF WISTERIA DRIVE (SR 1884) IN BIRCHWOOD LAKE ESTATES SUBDIVISION, PHASE I WHEREAS, upon the petition of Pauline H. Whitfield, John Glen Whitefield, Lanny Trogdon, Lynn Trogdon, and Dennis Clements, which petition is attached hereto as Exhibit A and incorporated herein by reference, the Board of County Commissioners, on March 23, 1993, 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 from the petition that the road in the abandoned right-of-way has never been constructed; 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 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; and 1 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 individual 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. IT IS THEREFORE ORDERED that the right-of-way located at the end of Wisteria Drive (SR 1884) in Birchwood Lake Estates Subdivision, Phase I, 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 aWil day of 691^1 , 1993. 4 Aa IdAd [SEAL] Moses Carey, Jr. Chair r Orange County Board • Commissioners A]J1'ES • Beverly A. ythe, Clerk to the Board of Commissioners 2 NORTH CAROLINA ORANGE COUNTY I, Beverly A. Blythe, Clerk to the Board of County Commissioners for Orange County, North Carolina, do HEREBY CERTIFY that the foregoing is a true and complete copy of the ORDER CLOSING A RIGHT-OF-WAY LOCATED AT THE END OF WISTERIA DRIVE (SR 1884) IN BIRCHWOOD LAKE ESTATES SUBDIVISION, PHASE I, adopted by the Board of Commissioners for Orange County at a meeting of said Board held A pri I 20, /993. 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 seal of said County this the cza_e�day of Apr i i , 1993. .17 4kt, Beverly % rIlythe, Clerk t•' he SEAL Orange County Board of Commissioners • 3