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,
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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.
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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
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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 ? , , `, , ,
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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
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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..- =-~-''"
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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
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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.
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~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.~
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