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HomeMy WebLinkAboutAgenda - 11-21-2005-1ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 2l, 2005 Action Agenda Item No. C.1 SUBJECT: Order to Close a 0.27-Mile Portion of SR 1571, Pleasant Green Community Center Road DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes ATTACHMENT(S): INFORMATION CONTACT: 1. Order Closing aRight-of-Way on SR 1571, Karen Lincoln, (919) 245-2594 Pleasant Green Community Center Road, Craig Benedict, (919) 245-2592 Between SR 1569, Cole Mill Road, and Pleasant Green Community Center 2, Certification of Posting Signs 3. Affidavit of Mailing _ 4, Copy of Legal Ad PURPOSE: To hear all interested persons who appear with respect to whether closing a 0,27- mile portion of SR 1571, Pleasant Green Community Center Road, from Cole Mill Road to the Pleasant Green Community Center, would be detrimental to the public interest or to any individual property rights, and consider adopting an order to close the road. BACKGROUND: Property owners along SR 1571, Pleasant Green Community Center Road, have petitioned the NCDOT to remove a 0,27-mile portion of that road from the State Maintained System, and desire that the County permanently close the public right-of-way for that segment of the road, Petitioners cited repeated illegal dumping in the public right-of-way that creates safety hazards along the road and costs to remove the dumped debris as their reasons for wishing to close the road, The Board, at its meeting on October 3, 2005, endorsed resolutions to request that the NCDOT abandon an unpaved 0,27-mile portion of SR 1571, Pleasant Green Community Center Road, from the State Maintained System and to declare the Board's intent to partially close the road. Staff has completed the following procedures prescribed by the Narth Carolina General Statute §153A-241: 1, Staff posted a notice of the closing and ~ublic hearing in four (4) prominent places alone the road. This was done on October 28 ,about three (3) weeks prior to the public hearing and prior to the annual Pleasant Green United Methodist Church event that was held November 5th at the Pleasant Green Community Center. 2, Staff published the resolution declaring the County's intent to close the road in the Chapel Hill Herald and the News of Orange for three (3) successive weeks before the public hearing, on November 2, November 9, and November 16, 2005, lla. nni~m:i~<usi~a Pl vnir Lir-^liDlD.N)±I''ulaie H<~vp:.N-,~~77A~o;. niGiu.l''nnmunil)C ~rR~yurlinlt'1<uin},~Sltlt i'L:a !'.tpi drn: 2 Staff notified owners, as shown on the county tax records of property adjoining Pleasant Green Community Center Road, by certified mail of the public hearing. Staff mailed the letters October 28, 2005. Staff also forwarded a copy of the resolution, with a cover letter, to the Durham County Manager on October 4, 2005. If, after the hearing, the board of commissioners is satisfied that closing the public road is not contrary to the public interest and that no individual owning property in the vicinity of the road 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. The Board may adopt the order closing the road on November 21, 2005, after closing the public hearing since the North Carolina Board of Transportation (NCBOT) has removed the 0.27-mile portion of SR 1571 from the State Maintained System. The NCBOT approved the request to abandon the 0.27-mile portion of SR 1571 from Cole Mill Road to the Pleasant Green Community Center from the State Maintained System on November 3`d FINANCIAL IMPACT: Costs for the legal advertisements far the public hearing in local newspapers (the Chapel Hill Herald-Sun and the News of Orange) are costs associated with this item. RECOMMENDATION(S): The Manager recommends that the Board hold the public hearing and, if satisfied that closing the public road is not contrary to the public interest and that no individual owning property in the vicinity of the road would thereby be deprived of reasonable means of ingress and egress to his property, that the board adopt the order closing the road, and file a certified copy of the order in the office of the Orange County Register of Deeds. t .". n~prt ln:uai ~iinuniuy l?ir Ci~~~ 2~~05 ^nleh 1P'umge.No ~I't li ~'nnliin:c.iC,~mnmiul}fid41'~l dfinl(4~Hin+RIt15?IAbJlilO: dnr 3 NORTH CAROLINA BEFORE THE BOARD OF ORANGE COUNTY COMMISSIONERS ORANGE COUNTY ORDER CLOSING A 0.27-MILE RIGHT-OF-WAY ON SR 1571 (PLEASANT GREEN COMMUNITY CENTER ROAD) BETWEEN SR 1569 (COLE MILL ROAD) AND PLEASANT GREEN COMMUNITY CENTER WHEREAS, petitioners Donald B, and Lynda F Sanders, L. Thomas Bullock, W: C, and Vannie Carter, Vannie Carter for Pleasant Green Community House, Silvia Heyden, and William B, Clark have petitioned the North Carolina State Department of Transportation Division of Highways to abandon a 0.27-mile segment of Secondary Road 1571, Pleasant Green Community Center Road, identified on the map that is Exhibit A incorporated herein by reference, from the State Maintained System; and WHEREAS, Mr. William B. Clark and Mr, Ed Punt have appeared before the Orange County Commissioners requesting that Orange County close the right-of-way identified by Exhibit A; and WHEREAS, the Board of County Commissioners, on October 3, 2005, adopted a resolution declaring its intent to close the right-of-way identified in Exhibit A; and WHEREAS, the North Carolina Board of Transportation, at its meeting on November 3, 2005, abandoned the 0,27-mile segment of SR 1571 from the State Maintained System; 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, as provided by law, the Board of County Commissioners of Orange County has 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 area in which it is located would be deprived of a reasonable means of ingress and egress to his or her property; and WHEREAS, the Board finds as fact from the evidence presented at the public hearing that (1) it is not contrary to the public interest far 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 area in which it is located would thereby be deprived of a reasonable means of ingress or egress to his or her property; IT IS THEREFORE ORDERED that the right-of-way located on SR 1571, Pleasant Green Community Center Road, between SR 1569, Cole Mill Road, and the Pleasant G 1Comprthon,i a.; Plannm(~ 17r+~GFNF.l200G Public Hearings Nay 21 Nhae2nlGn,enCo;nmm~iiyCIrFNGrdcrClosin~ROrd doc 4 Green Community House (Center) identified on the map that is Exhibit A be 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 [SEAL] 2005. -----___ --> __ _._..Moses Carey,_Jr. Chair _. _ ,_ ..._-- Orange County Board of Commissioners ATTEST: - --- --. __._ _ ------ _ --- -- __ _ :: -- ---- -_ --------_ ..__ ---- ---------------- Donna Baker, Clerk to the Board of Commissioners lJpon motion of Commissiorier - , secorided by Commissioner ,the foregoing resolution was adopted this the day of , 2005 I, Donna Baker, Clerk_to the Board of Commissioners forthe County of Orange, North - Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the __ proceedings of said Board at a meeting held on-October 3,-20Q5, as relates iri any way _. _ _ _ to the adoption of the foregoing and that said proceedings are recorded in the minutes :- - of said Board, WITNESS my hand and the seal of said County, this day of , 2005. Clerk to the Board of Commissioners G',Gomprch~nc!vc Pl2nning Uw;GEIdF;2003 Pu6hc IlearinrnlNOU 2ttl"'p„x;anlGrn!:nContnwni;yClrRAiUrdorClosin~Rcud doc EXHIBIT A 5 __ _ - g ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director `,.P~f 0( 0i Current Planning m~ , _ `, 306E Revere Road (919) 245-2575 ~_ `" L P O Box 8181 (919) 644-3002 (FAX) „P Hillsborough, www.co.orange.nc.us °((a ~._°_`°~ North Carolina, 27278 November 4, 2005 AFFIDAVIT CONCERNING POSTING OF PUBLIC NOTICES: I, Michael D, Harvey, say that on the 28a' day of October 2005, Robert P. Davis and I posted signs along Pleasant Green Community Center Road informing the general public that the Orange County Boazd of Commissioners had scheduled a PUBLIC HEARING for November 21, 2005 at 7:30 p.m, in the F, Gordon Battle Court Room of the Orange County Curt House, located at 106 E. Mazgaret Lane Hillsborough, North Cazolina, for the purpose of considering closing a 0.27 mile portion of SR. 1571 Pleasant Green Community Center Road from Cole Mill Road to the Pleasant Green Community Center. Signs were erected in front of the Pleasant C,reen Community Center and along Cole Mill Road, as depicted in the attached photographs. o,__~ ~ r~ ~~ % ni it {~. ` Mic ael D. Harvey ~~ North Cazolina Orange County Robert P. Davis I, Debra M. Graham a Notary Public of the County and State aforesaid, certify that Michael D. Harvey and Robert P. Davis personally appeazed before me this day and aclmowledged the due execution of the foregoing instrument. Witness my hand and official seal or stamp, this 4"' day ofNovember, 2005. ~. gyp. •,,........; ~5~ "': ~~ ;:S~Cj-'f q ~ y5e'218r Stamp Notary Public ':AO~}~{~;_ My Commission expires: _ /~~/i`/ a9 ,2ao~ °~q'••......••~. ~,.,~ ' ', ,' , ~ ' ~ G n n n O t ? , , `, , , 7 8 AFFIDAVIT OF MAILING OF RESOLUTION & VICINITY MAP COUNTY OF ORANGE STATE OF NORTH CAROLINA I, Debra M. Graham, say that on the28~' day of October, 2005, I mailed, by certified mail, a true and correct copy of the "Resolution Declaring Intent to Close a Public Right- of-Way fora 0.27-mile Portion of SR 1571, Pleasant Green Community Center Road, Eno Township; and vicinity map for the Public Hearing scheduled for November 21, 2005 to the persons indicated on the attached mailing list by placing a copy of said Resolution & Vicinity Map in each envelope, sealing the envelope, attaching certified mail receipts, and placing in the building mailbox to be picked up by the Orange County Courier. ~!- - '- / Signature Mailing List Notices to Adjacent Property Owners BOCC Intent to Partially Close Pleasant Green Community Center Road (Mailed October 28, 2005) CARTER W C JR &. VANNIE 2914 PLEASANT GREEN RD DURHAM, NC 27705 PLEASANT GREEN COMMMUNITY CENTER 3030 PLEASANT GREEN COM CTR RD DURHAM, NC 27705 CLARK WILLIAM BRADFORD &. SHARON S 5015 COLE MILL RD DURHAM, NC 27705 CARTER W C JR &VANNIE 2914 PLEASANT GREEN RD DURHAM, NC 27705 BULLOCK L THOMAS & JUDY 3719 MEDFORD ROAD DURHAM, NC 27705-2414 SANDERS DONALD &, LINDA F SANDERS 4918 HEDGEROW LN DURHAM, NC 27705-9214 9 HEYDEN SIEGFRIED & SILVIA G 2729 MONTGOMERY Sl" DURHAM, NC 27705 CLARK WILLIAM BRADFORD &. SHARON S 5015 COLE MILL RD DURHAM, NC 27705 _ t0 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director ~~ Comprehensive Planning m` . ~ °: 306E Revere Road (919} 245-2589 ~r ° ~ P O Box 8181 (919) 644-3002 (FAx) ~,° Hillsborough, N.C. 27278 www.co.orange.nc.us `"^ ~~°°°~ Dear Property Owner: The Orange County Board of Commissioners, at a regular meeting on October 3, 2005, endorsed the attached resolution declaring the Board's intent to permanently close the public right-of-way fora 0,27-mile pardon of SR 1571, Pleasant Green Community Center Road. The resolution calls for a public hearing on the proposed road closing to be held at 7:30 p.m. on November 21, 2005, at the F. Gordan Battle Courtroom, Orange Cotanty Courthouse, 106 East Margaret Lane, Hillsborough, NG. During the public 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 that no individual owning property in the vicinity of the road would thereby. be deprived of reasonable means of ingress and egress to his/her property, the board may adopt an order closing the road or easement. If you have questions, please contact Karen Lincoln, Transportation Planner, at (919) 245-2594 or Graig Benedict, Planning Director, at (919) 245-2585. Craig N. Benedict, AICP Planning Director October 28, 2005 ra ~ off..- =-~-''" 11 OE2ANGE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION DECLARING INTENT TO CLOSE Q PUBLIC RIGHT-OF•WAY FOR A 0.27-MILE PORTION OF SR 1571, PLEASANT GREEN COMMUNITY CENTER ROAD, ENO TOWNSHIP WHEREAS, property owners on SR 1571, Pleasant Green Community Center Road, have petitioned the North Carolina Department of Transportation {NCDOT) to abandon from the State Maintained System ~ 0.27-mile portion of SR 1571, Pleasant Green Community. Center Road, identr~ed an the map that is F-xhibit A of this Resolution {hereinafter "the abandoned right-of-way"); and WHEREAS, the Board of Commissioners has adopted a resolution finding partial abandonment of SR 1571 from the State Uainiained System fo tae in the best interest of the people of Orange bounty, and requesting that the NCDOT abandon the same 0.27- mile portion or SR 1571 from the State Maintained Sys#em; and iNHEREAS, it appears that no individual owning property in the vicinity of the road inavnich it is located would therehy be deprived of reasonable means of ingress .and egress to his property; NOW, THEREFORE, BE 17 RESOLVED by the Orange County Board of Commissioners that the' Board intends to close the abandoned right-of-way. BE IT FURTHER RESOLVED that, prior to a decision on the closing of the abandonetl right-of--way, a public hearing shall be held at the F. Gordon Battle Courtroom, Orange County Courkhouse; 106 East Margaret Lane, Hillsborough, on tfie 21`"day of November, 2005, at 7:30 p.m. Pursuant to N.C.G.S: § 153A-241, the Clerk to tha Board shall publish this Resolution in the Chapel Hili Herald and the News o Orange once a week for three (3) successive v,~eeks before the said hearing; the Clerk shall send a copy of this Resolution by registered or ceiiified mail to each owner ~s shown on the cpunty tax records of property adjoining the public road or easement who did not join in the request to have the road or easement closed; and a notice of the closing and public hearing fo be prominently posted in at least two places along .fie road ar easement. Upon , otion of Commissioner~~ ,seconded by Comm~sioner ~:,~;~;~ ~s~ ,the foregoing resolution was adop#ed this the __~,. day of ~ 2005 i, 17onna Baker, Clerk t6 the. Board of Commissioners for the County of Orange, Norh Carolina; DQ HEREBY. CERTIFY that the foregoing is a true copy of so much of the, proceedings of said Board at a meeting held on October 3, 2005, as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of said Board. ~/J!l r//,,'~, WITNESS my hand and the seal~sfs?~,d County, Phis __Z_. da ofS.~,tr-r _ 2005, ~~ ~..•-=~,r.~y ,~ , ' i~~'~~ ~" ~'l,'? .''s Clerk to the BOard of Commissioners t- m x LL 12 amn mem to Jaagary 26, ca will bo rir recovery. ed to said Immediate of October, ran P. Inglis nook Place NC 27276 er 2, 9. 16, )ITORS s personal estate of late of the I, Orange ia, 276'14, bad Levy, II persons, ns having tale of the ram to the 7 Vickers n, Durham ra 27707, . 2006, or dad In bar persons, I Indebted asa make to the t Odober. Ibert Levy sanlaUva 2. 9, 16, 20LINA I as rslate of f Orange this Is to g Balms iJOSeph Them to Imary 2. will ba ecovery. to Bald rmedlale vembe4 r Kaczor Uew Rd, John Riley III ~:;, 'fig irk'. 31fi Wost Corbin St. "''Bj ~I` il~ INTENT TO PARTIALLY CLOSE PLEASANT GREEN COMMUNTTY CENTER ROAD ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION DECLARING INTENT TO CLOSE A PUBLIC RIGHT-OF-WAY FOR A 0.27•MILE PORTION OF SR tS/t, PLEASANT GREEN COMMUNITY CEIJTER ROAD, ENO TOWNSHIP WHEREAS, propeny owners on SR 157 t, Pleasant Gruen Cnmmonily Ccn;r*.; Road, havo pollllonotl Ihe North Carolina Dopanmenl oI Transpnnallun (NCDOTj ;c. abantlon from me Stale Matnlalned System a 0 2]-mile potion of 5R 15]1, PIOaY.::a Green Community Center Roatl, ttlenti6etl on the map ;hat Is Exhibit A nr Ihis Resolugon (hareinalUSr "Ihe abandoned tlghl-cl-way'); and WHEREAS, Ihe Bomd of Commissionem has adopletl a rosulutipn finding pamar abandonment otSR 1517 from Ih¢ State Ma1n1a7ne0 System lu be in Ihe Uasl mtemw of Ihe peopl¢ of OmnOe County, and requesting Ihe( Ihe NCDO'i abandon d:a same b 2]- mile ponlon of SR 1576 tiom Ihe Stile Maintainetl System: and WHEREAS, i( appears Thal no intlbidual awning propony In Ihe v)r9ndy n1 Ih3 road In which 11 is loeatetl would thereby be tlepriveC of reasonable m=ans bf inyM1~sa and ogress to his pmperfy; NOW, THEREFORE, BE IT RESOLVED by me Orange County 3oa:ti al Commisstoners Nat Iha,BOaN intends to close Ihe abandonetl ripbb~.-,f-way BE IT FURTHER RESOLVED that, prior to a decision an Ure closing of Ihe abandoned righbof-way, a public hearing shay be heltl at Ihe F. Gorton Batllc Courtroom, Omngo County Courthouse, tOG East Morgnref Lana Hillsborou0q on Ihe 2Yr tlay or Nov¢mbar. 2005, at 1:30 p. m., Pursuant to N C G 5. § 153A-241, the Cfnrk W lha Boats shall publish this Rasolu6on in the Chapel Hill Heraltl and Ihe N¢•.vs of Orange once a week for three (3) successive weeks before the said bC-acing; Ihe Clsr!a shall send a wpy of this R¢soiudon by regstered or certllletl mail to such ovnmr ns shown an Ihe wonty tax mcortls of propeny adjoining Iho public. road or ea6amanl eiw tlid not iota In Ihe request W hove Ihe road or easemeN dosed; and a notice of Ihe dpsing and pWlic heudng W be pmminently posted in at least Iwo plauas alm~y th¢ road or wasment ~p'~'~ Upon olinn nl Cammis^.innnr-_E!Z-Sd~•0%c.~ .^.¢candntl by Comm~rslunor rho forc0oinfl msolulion was ad¢plud Ihls the 3 g lay ol -[~!L[t. 2005 I, Donna Baker, Clerk to the Boats of Commissioners for Ure Cuwrly c/ Orange. Nu:n: CmaUna, 00 HEREBY CERTIFY Ihat the /orc5oing is a True copy of so much of Ihe proceodinpc o(witl 8onrd al a rneeling hold nn Orl¢bnr 3. 2005. vs relate:: in boy way to Ihe ntlopllon of the forogning and That saitl proceedings ern. reeorfntl In Ihe mlmnaa Of bald Bpafd. ~J~=L q WITNESS my (land antl the coal ~sajd County. This 1_ day of ,[I-'„4 *_ ~~c_ 2005. _ /~ Por mom LVOrmaeon, mntaa i I ~7 ~ Clerk to the BOaM Of Ca rccionnrr:~ IGrcn Dr,minl Tnnsyorlaum ~ 1 %annV, ardrl3e ~'aOly Plonnln0 ,, ~I• -~• r :_ aePe,bnrnt t919) 29a-1599. 13 /V~wS of bRA~~~-- /l-~-aS ve rs to dity am ~~ end, rho sows ]vIr rt tm- R rf- well 3s gel as •doq dl as a case is s x m ma :d, the with v0ets,. oa tey mmct lino t small ery ya Borarth mpd W11 fes ugh [o U rown fotmd tP~6'a- he aka nm the e ran- dtem- ngning. randi- whole id do aced flood is for CVC t}lE nughm who eloper -.. r.... ....... ~ W 4 ~ Stevens for mayor of Hillsbor- 324 W Rosemary 6teeel Chupol Rill ~4t ough.I Lave Imown Tbm both „rrsnnallv and orofessionelly 88~9Y~Bd'T F® P6@6iS1ALLY CL®Sf'e ~LEAS~aaY ~~~~~ c®ti~Maa~oYV c~NS~a~ sa®w® ORANGE COUNTY BOARO OF COUNTY COMMISSIONERS RESOLUTION DECLARING INTENT TO CLOSE A PUBLIC RIGHT-OF-WAY FOR A 0.27-MILE PORTION OF SR 7511, PLEASANT GREEN COMMUNITY CENTER ROAD, ENO TOWNSHIP WHEREAS, property owners on SR 1571, Pleasant Green Community Center Road, have pet8loned the North Carolina Department of Transportation (NCDOT) to abandon from the State Maintained System a 0.27-mile portion of SR 1571, Pleasant Green Community Center_ Road, ident~ed on the map that is Exhibit A of this Resolution (hereinafter "the abandoned dght-of-way"); and WHEREAS, the Board of Commissioners has adopted a resolutlon finding partial abandonment of SR 1577 from the State Maintained System to be in the best interest of the people of Orange County, and requesting that the NCDOT abandon the same 0.27- mfle portion of SR 1571 from the State Maintained System; and WHEREAS, k appears that no Individual owning property In the vicinity of the road in which B is located would thereby be deprived of reasonable means of ingress and egress to his property; NOW, THEREFORE, BE R RESOLVED by the Orange Gounty Board of Gommissfoners that the Board intends to close the abandoned right-of-way. BE IT FURTHER RESOLVED that, prior to a decision on the closing of the, aban- doned dght-of-way, a publ{c hearing shall be held at the F, Gordon Battle Courtroom, Orange County Courthouse, 106 East Margaret Lane, Hillsborough, on the 21st day of November, 2005, at 7:30 p.m.. Pursuant to N:C.G. S. § 153A-247, the Clerk to the Board shell publish this Resolution in the Chapel Hiil Hereld and the News of Orange once a week for three (3) successive weeks before the said headng; the Glerk shall send a copy of this Resolution 6y registered or certified mail to each owner as shown on the county tax records of property adJoining the public road or easement who did not join In the hearing to be ptominenty posted in at lea t two places along the road o easemenik Up~ of Commissioner ~ seconded by Commissioner `, the foregoing resolution was adopted this the 3n~ day of (ycta/v~c . 2005 I, Donna Baker, Clerk to the Boanf of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a tmebopy of so much of the pm-, ceedings of said Board at a meeting held on October 3, 2005, as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of said Board.. WfTNE55 my hand and the seal of said County, this ~ day of ~lcfo/ah , 2005. Clerk to the Board of Commissioners t*,~e 'n e.~•"~ For more information, contact Karen Lincoln, TransporFation Planner, Orange County Planning Department, (919) 245-2594 L/(lf Prl.~ 14