HomeMy WebLinkAboutAgenda - 09-05-2023; 12-5 - Information Item - Memorandum - Abandonment of Orange County Right-of-Way near Acorn Ridge Trail 1
ORANGE COUNTY
NORTH CAROLINA
MEMORANDUM
TO: Board of County Commissioners
Bonnie Hammersley, Orange County Manager
Travis Myren, Orange County Deputy Manager
FROM: Cy Stober, Planning & Inspections Director
CC: All Planning Staff
Patrick Mallett, Deputy Director, Development Services
Michael Burton, GIS & Land Records Manager, Tax Administration
DATE: September 5, 2023
SUBJECT: Abandonment of Orange County Right-of-Way near Acorn Ridge
Trail
At the June 6, 2023, Board of County Commissioners (BOCC) meeting, a Resolution of Intent
was adopted to authorize staff to schedule a September 5, 2023, public hearing to consider the
abandonment of a Orange County right-of-way near Acorn Ridge Trail. The action was
requested by Nancy M. Culberson, property owner of 6230 Acorn Ridge Trail (PIN 0806-34-
5908), adjacent to the "Future Street" right-of-way that was never constructed. Materials for the
June 6 meeting, including further details on the issue, are available at:
http://server3.co.orange.nc.us:8088/WebLink/0/doc/70180/Pagel.aspx .
Initial research indicated that a public hearing would be required for Orange County to abandon
the right-of-way, pursuant North Carolina General Statute (NCGS) §153A-241 . Subsequent to
the June 6 BOCC meeting, staff identified that NCGS §136-96 is also applicable and that no
public hearing is necessary or desired by the applicant. The statutes allow the right-of-way and
"Future Street" for Acorn Ridge Trail to be "conclusively presumed to have been abandoned by
the purposes for which it was dedicated" if it was never"actually opened and used by the public
within 15-years after its dedication." The abandonment must be initiated by a "dedicator" such
as the adjoining property owners or a Homeowners Association. The Land Records Office will
continue to coordinate with Ms. Culberson on finalizing the abandonment of the deeded right-
of-way and subsequent allocation of property to the adjoining property owners.
Please communicate any feedback or questions to Patrick Mallett, Deputy Director,
Development Services, Planning & Inspections Department (pmallett(a)-orangecountync.gov)
or Michael Burton, GIS & Land Records Manager, Tax Administration
(mburton(o-)-orangecountync.gov).