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Home My WebLink AboutAgenda - 08-04-1993 - VI-A 1 O R A N G E C O U N T Y - BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 4 , 1993 Action Agenda Item # V A SUBJECT: PETITION FOR ABANDONMENT - A PORTION OF GINGER ROAD NORTH OF CHANDLER'S GREEN 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 Letter from neighboring Mebane - 227-2031 property owner Chapel Hill -' 967-9251 Order Closing Right-of-Way PURPOSE: To conduct a public hearing on and to consider an order closing 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. 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 in two locations on 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 2 is an attachment to this action agenda item abstract. RECOMMENDATION: If the requirements of the proposed order are satisfied, adopt the order. NOTICE OF THE ADOPTION BY THE ORANGE COUNTY BOARD OF COMMISSIONERS OF A RESOLUTION 3 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 1^efore 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 1 hearing and that the Clerk shall send by certified mail to each owner of property adjoining 4 • 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 H. rialkioVt@onded the motion, and the resolution was passed by the following vote: Ayes: Commissioners Carey, Gordon, Aa1ki otis, 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] V , Beverly Blythe Clerk to the Orange County Board of Commissioners 2 5 May 3 , 1993 Mr. Eddie Kirk Orange County Planning Department 106 E. Margaret Lane Hillsborough, NC 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 Ginger Road that boarders lots 16, 17 , 18 , 19, and 20 in the Chandler' s Green subdivision, and The Potted Plant Nursery. The undeveloped easement is not essential for access to any of the property bordering it. Thank you very much for your attention to this matter. Sincer , -- - j _�. ` /�O, al/ni/r Richard S . Surwit Donald Levine Sandra• E. Cummings Barbara Levine 3804 Sweeten Creek Road The Potted Plant Chapel Hill, NC 27514 Chapel Hill, NC 27514 .7. ? l )C4 / _Z-21.--',.7..1A/-9/ . 1=-2- _ - _ -__ Michae/' J. Murphy ° Charles Tsui Kathrine L. Murphy 3812 Sweeten Creek Road 3808 Sweeten Creek Road Chapel Hill, NC 27514 Chapel Hill , NC 27514 4eilm• „...m.,......._ , Carl R. Fox 3816 Sweeten Creek Road Chapel Hill , NC 27514 4 N`� d 3.4��ii \,..._„i 56343 1 ,:c'. ' . 9 I / '754 2$OI 6 22. 02 AC. -. p - 5 9 '- 92AC.08 ��'/ \�P �\G.• 235 -91 �•�'� EF' t�PPO��G 6 7Fi AC N 80 8{ 00 ____ ._...._ ` ; __ ... 7783 _ `_ ./ / ` ,\\ \ CHAPEL • cr - � \ HILL WESLEYAN CHURCH , LOT 5A Q /i 1 U lI -� is .4. 1 I ''.11"ki @ -....„Q!f SEEP / 6962 \ -t �`DIST -- �/ \ �� 0./4)46-1-j 7 CO13P `'G' 6 . 4AC 18 !r� °� 200c/2 AC 1. /8093 5823 1 1 IAC. ` 6940 zooc/ f ( 2 971- ` 14 .77 AC. 2 AC 60' R/w I • 6 ® 21 ! N I 19C •0435 2 ? AC. 7 I 7441 0413 A C 2.18 AC• 6,92 AC. i 1 1.96 AC. 3-164C. • I 7.631 \\ I . I WS RET/REMENT GINCE' RO 6o' � ',��=� yt/N/r r • •• LIMIT I N 806,000 jp 1 I, 1 SEE MAP 138 I 4 II I I I \\\ CHANDLERS GREEN LIMIT 1'' 15370 18 • APEL HI Cs-P I.15 A C. Q 20.. - f l6 I,75 AC • ' 1 REVISED XGi ��3;�� -1s• '5012 794 —� - 1 - I9F- 71.72 'r 74. "-B . 8484!85,.86,87,88 ��_ 6-19-89 15-8-89 ■ I-24.91 10-7-91 N 2-12-_.2.L '120-9 S — – s 9880 9890 + :: GRAN E COUNTY N.0 N.C . 7 Si • \ . 207.69 ••,.• '. 22 a 0 y 7 0 33,!6l SF m 5 188 r -' .o 2 4099 6 z z a/•?i 'I .'e■■■. 'O 34,926 SF vo HILL 155.59 ,139.39 1 113,74 87.83 \ .. ® a / 8 00 2/ 16 n 16 17 I S 19 0 aN za 23 2a O o\,..4:. Q5).8907 n .9927 A .0947 0 ,1957 - a/ o° m O ` / 64! 2/ 373SF 21,486 SF 2/,6/3 SF 2Q 3994 27, A w 2B,/96SF r \ /s _ 2964 _ /5 2/,72/SF N 32,3975 F 20 /�.t. �� 11014 110.84 /B 84.44 /7 /8 -m \ ` 3J _� - 12 4, /9 27'\ OG� f `_ \ ea / / F g f 120.22 \OS a 105. 41.37 7 / 2417 P(.; 30 29 28 45 60.. ----: S9 vFX� AO \ <L3e 27 26100.07 24 25 f 0 c O 2 7 i 6 3711 N s7zs \m 21,692.5SF c•0762 4713 \13.1\ \ c O 23,7/BAC o 22,74/SF ro 4 22,4/I SF n° 1 7 70 2 24,079SF ° �4,6/5SF 875p " 9760 N "cl 24,629 SF „ 6697 a,co \\3•y 78 SF . x49.91 x49.91 45 80 80 64.39 145 76 C /45,75/.5 SF \ 3/ 31 RECREATION AREA • 7523 9575 •^ FARE 34 m 25,/06 SF \ - \5Q' N 79 SF _____I I 20591 6 33 32 O 5442 491 n 1,784 SF 27,860 SF 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 NORTH CAROLINA BEFORE THE BOARD OF ORANGE COUNTY COMMISSIONERS ORANGE COUNTY DATE ORDER CLOSING THE RIGHT-OF-WAY ITEM FOR GINGER ROAD THAT BORDERS LOTS 16, 17, 18, 19 AND 20 IN CHANDLER'S GREEN SUBDIVISION WHEREAS, upon the petition of Richard S. Surwit, Sandra E. Cummings, Donald Levine, Barbara Levine, Michael J. Murphy, Kathrine L. Murphy, Charles Tsui, and Carl R. Fox, which petition is attached hereto as Exhibit A and incorporated herein by reference, the Board of County Commissioners, on June 7, 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 for Ginger Road that borders lots 16, 17, 18, 19 and 20 in Chandler's Green 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. II This the 4/,/A day of AffitS , 1993. [SEAL] �� , / � Moses Carey, Jr. Chair Orange County Board of Commissioners ATTEST: Beverly A. ythe, Clerk to the Board of Commissioners ij 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 THE RIGHT-OF-WAY FOR GINGER ROAD THAT BORDERS LOTS 16, 17, 18, 19, AND 20 IN CHANDLER'S GREEN SUBDIVISION ado led by the Board of Commissioners for Orange County at a meeting of said Board held yus y� /9 . The original of this Order is filed in the permanent agenda file for said meeting maintained by the Clerk's office of said Board. TITNESS my hand and seal of said County this the r711 day of , 1993. SEAL "!� ` / Beverly ; . :lythe, Clerk • the Orange County Board of Commissioners 3