HomeMy WebLinkAboutAgenda - 06-07-1993 - III-B 1
O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 7 , 1993
Action Agenda
Item # 21C-3
SUBJECT: PETITION FOR ABANDONMENT - A PORTION OF GINGER ROAD NORTH OF
CHANDLER' S GREEN 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 the right-of-way for Ginger
Road that borders Lots 16, 17, 18, 19 and 20 in Chandler's
Green Subdivision, and the Potted Plant Nursery.
BACKGROUND: Property owners in Chandler's Green Subdivision have
submitted a petition to close the right-of-way for Ginger
Road that borders Lots 16, 17, 18, 19 and 20 in Chandler's
Green Subdivision, and the Potted Plant Nursery.
There are several reasons for abandoning this section of
right-of-way. First, all five lot owners adjoining the
right-of-way have petitioned for it to be abandoned.
Second, the road in the right-of-way has never been
constructed. Finally, the right-of-way does not provide
ingress or egress to any of the lots in the subdivision.
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
August 2, 1993 meeting.
RECOMMENDATION: The Administration recommends approval per the Planning
Staff recommendation.
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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 1993.
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 the
right-of-way for Ginger Road bordering Lots 16, 17, 18, 19 and 20 in Chandler's Green
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 day of
, 1993.
[SEAL]
Beverly Blythe, Clerk to the Orange
County Board of Commissioners
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§ 153A-24E 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
//1/4".
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
THE RIGHT-OF-WAY FOR GINGER ROAD
THAT BORDERS LOTS 16, 17, 18, 19 AND 20
IN CHANDLER'S GREEN SUBDIVISION
RESOLUTION OF THE ORANGE COUNTY
BOARD OF COMMISSIONERS OF INTENT
TO CLOSE THE RIGHT-OF-WAY AT
THE END OF GINGER ROAD
WHEREAS, petitioners Richard S. Surwit, Sandra E. Cummings, Donald Levine,
Barbara Levine, Michael J. Murphy, Kathrine L. Murphy, Charles Tsui and Carl R. Fox
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
superior courtroom of the Orange County Courthouse, on the 4th day of August, 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 once a week for four (4) successive weeks before said
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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 7th day of June , 1993.
Commissioner Alice M. Gordon moved the passage of the foregoing
resolution and Commissioner Stephen Hal ki otis seconded the motion, and the
resolution was passed by the following vote:
Ayes: Commissioners Carey, Gordon, Halkiotis, Insko and Willhoit
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
June 7, 1993 , as relates in any way to the Resolution for closing the
right-of-way for Ginger Road bordering Lots 16, 17, 18, 19 and 20 in Chandler's Green
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 8th day of
June , 1993.
[SEAL]
Beverly Blyt e, Clerk to the Orange
County Board of Commissioners
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