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HomeMy WebLinkAboutAgenda - 09-20-2005-9dORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 20, 2005 Action Agenda „ Item No. ~~ SUBJECT: Petition far Abandonment of a Portion of Pleasant Green Community Center Road from the NC Secondary Road Maintenance Program DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) ON ATTACHMENT(S): 1, Map of Pleasant Green Community Center Road 2, Petition Letter & Secondary Road Abandonment Investigation Report 3, N,C,G,S. §136-63 Change or abandonment of roads 4. N.C,G,S. §153A-241 Closing public roads or easements INFORMATION CONTACT: Karen Lincoln, ext, 2594 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill Durham Mebane 968-4501 688-7331 (336)227-2031 PURPOSE: To consider a petition to abandon a 0,27 mile portion of SR 1571, Pleasant Green Community Center Road, from the North Carolina Department of Transportation (NCDOT) Secondary Road Maintenance Program. BACKGROUND: Property owners along Pleasant Green Community Center Road, Eno Township, have petitioned the NCDOT to remove to a 0.27 mile unpaved portion of that road from the NCDOT Secondary Road Maintenance Program, The property owners wish to petition Orange County to close that portion of the road to the public because of illegal dumping that has proliferated on various properties adjacent to the road. Three properties are adjacent to the right-of-way proposed for abandonment. The two properties on the east side of Pleasant Green Community Center Road take access from a Hedgerow Lane, a private road, off Stepping Stone Lane, which is also a private road. The 10.01-acre lot adjacent to the west side of Pleasant Green Community Center Road has frontage on Cole Mill Road, The State Statues allow counties to permanently close any public road within the county "except public roads or easements under the control and supervision of the Department of Transportation". Before petitioning the County to close the road, the road must first be removed from the State's Secondary Road Maintenance Program. NCDOT has investigated the request (please refer to attached Secondary Road Abandonment Investigation Report), and has submitted the petition to the Board of Commissioners for its review. The Board may petition the North Carolina Board of Transportation to abandon Pleasant Green Community Center Road from NCDOT maintenance "when the best interest of the people of the county will be served thereby". 2 The County may consider a petition from property owners to close the unpaved portion of the road after NCDOT has abandoned maintenance of the facility. The next steps would be: The Board of Commissioners (the Board) "shall first adopt a resolution declaring its intent to close the public road", and call a public hearing regarding the road closing. 2, After the meeting at which the Board adopts the resolution declaring its intent, the County must publish notice of the public hearing for three (3) successive weeks before the hearing, The County must also post the notice of the closing and public hearing along the road, 3. The Board may adopt an order closing the road if, after the public hearing, the Board finds that closing the public road is not contrary to the public interest and that no individual awning property in the vicinity of the road would thereby be deprived of reasonable means of ingress and egress to his property, 4. "A certified copy of the order,,,shall be filed in the office of the register of deeds of the county," Once the road is closed, the right-of-way becomes part of the land adjacent to the road, with the property line for land on either side of the road extending to the center line of road, Property owners may then erect gates or barriers, The NCDOT cannot provide materials for closure of the road, but will install appropriate signage to indicate the road dead ends and to identify the end of State maintenance. NCDOT will also construct aturn-around. Administration for the Pleasant Green Community Center property has dedicated right-of-way for NCDOT to construct a turn- around on that property, FINANCIAL IMPACT: There is no direct financial impact associated with this decision item, If the County closes the road, the County would have costs associated with the public hearing. RECOMMENDATION(S): As the Board decides, Pleasant Green Community Center Road 3-A H O ;;~ ~ ~~~ z f ~ ,i r'...' l ,~ ~, r , '1 ,,~' d~~~~~o~. a~~n~~d) , .r ~ 5,'ti C ~ 't y a~ i. ry CU ~ O Opp () v ~~~ ~ p=O ~~ ~ ~ --_ ~ ~ ~~Z ~ ~~ ~ ~ ~ t+ZwQ o~ -- -.._- ¢a Jw~ p o C ~ mo qwp ~qq+{ L ~ ~.'C am Om v ~~ ~ ~ U~ ~ ~ .z d o \ ,.. Q~ ~ _. _,. _ ~ ~ v o ~_~ N ~~ V¢^ mom ~\;~ •~• ~~;~.~~ L ~ ~ out ao .~~:b~~~ ~~~~: ~~~ ~.._.:. goo .... ..: '~ 1 ~, o i + .~ c ! ~~ i r' r r ' ~' ~ ~ N N i r ____ ~ i O f-~ __.~ i ~ r j _ f~ r` ~ ~,. 4 5 e ~'vTnR'o ~0 ww ~~ S ;ATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F, EASLEY GOVERNOR LYNDO TIPPETT SECRETARY July 20, 2005 ORANGE COUNTY Mr, John Link, Jr., Manager Orange County P.O. Box 8181 Hillsborough, North Carolina 27278 SUBJECT: Petition for Abandonment ' SR 1571- Portion of Pleasant Green Community Center Road Eno Township Dear Mr, Link: Attached are Form SR -5, Secondary Road Abandonment Investigation Report, Petition for Abandonment and a location map, This is being forwarded to you for review by your Board of Commissioners.. Attachments /ndf Yours very truly, ,sr ~ ,~ C.N. Edwards, .Tr,, P.E, District Engineer P.O Box 766 Graham, N,C. 27253 Telephone (336)-570-68.33 North Carolina Department of Transportation Division of Highways Secondary Road Abandonment Investigation Report County Orange Co. File No Township Eno Div, File No. O-OS-02 Date Div,# 6 Seven SR No. & Local Name If Any SR 1571 -Pleasant Green Community Center Road Length To Be Abandoned 0.27 Length To Be Retained (if applicable) 0.14 Width 20' Type Unpaved Condition Fair Number of homes having entrances into road None Other uses having entrances into road None Is the road a school bus route? No Average Daily Traffic Count (estimated) 10 Date of last State maintenance performed Is the road a mail route? No 06-29-OS Is a petition for this request attached? Yes Is the County Commissioners' Approval attached? Y If not, give reason Additional information applicable Recommend Dartial abandonment. Submitted by t l , Reviewed and Approved DISTR~ 81NEER Reviewed and Approved BOARD OF TRANSPORTATION MEMBER DIVISION ENGINEER (Do not write in this space -For use of Planning (Do not write in this space -For use of Secondary Dept.) Roads Dept. Petition No. (Do not write in this space -For use of Planning Dept.) Form SR-5 (1/2001) NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION 7 -' DI`JISION OF HIGHWAYS Ft6t to lit; ABANDONMENT PETITION ~!f; ~ i';~. G;;,,; „ ~ ,~w DISTR~C~ ""S North Carolina L-Glir;;,riM County of Q0.- ~~eAS/{-~ { ~iQ2~f~~/1 ~t~/I1 rlrUni~ l.~/T~P~ Petition request far the abandonment of Secondary Road __~Q~ from the State Maintained System. ~-P'9lnrtvi~ y~c~ ~.~,r~~ We the undersigned, being all of the property owners on Secondary Road ~'n~~( in __Q~,l~ County do hereby request the Division of Highways of the Department o Transportation to abandon the road from the State Maintained System. PROPERTY OWNERS NAME ;~,~ ADDRESS ~NA~~~.sP,u~~RS~~__T~ 5-,z3,Z~ ~t5~y ~4F~',~w,c.au~ L. ,icda ~_,.SarlgPrS ~ ^~oFa :) i,ow~;..c.r/ U2ttJiwl IJ~ Z7701 '~l/ ~ C,~l RTC ~ ~, ~h,~;~ .~ 2 a : ~ z a ~, v p,P ~,.~.-~-,~~ . r~ ~ r %~ /~b~,,,,-,~1~ /rte , ., . , / ~r nriV , c. C iA ~zT"i: 72 L.~ ~pi.'~-o~~' `~.~i1 ~,., ~~~ ~.J v /C 7~' form SR-3 (6-78) ; l~ ~~~-- ~ ~S ~,-~ - ~~ ~ "`r` 61-03.397 ~ Ci'~ ~ ~ bl~ ~^-S Q(' sue/ 5-1-7 z 7~~ ~ ~~ ~ ~ L~c.,~r ~,w, ~1 , ~ ~~ ~', (.~ ~` : t Z: t~~.1 SECONDARY ROAD RIGHT OF WAY AGREEMENT THIS INSTRUMENT DRAWN BY N. S. Hunt CHECKED BY 9 RETURN TO: Division? Right of Way Office, P. O. Box 14996, Greensboro, North Carolina 27415-4996 NORTH CAROLINA COUNTY OF ORANGE TOWNSHIP OF ENO PARCEL: 206SR1571001 PROJECT: 7 ,.206821 SECONDARY ROAD: PIN: 5.23..22A' SR-1571 -PLEASANT PREEN COMMUNITY CENTER ROAD the undersigned owners of that certain property described in Deed Book 130 at Page 544 in the Register Of Deeds Office of ORANGE County, and bounded by recognizing the benefits to said property by reason of the construction of the proposed highway development, and fn consideration of the constriction of said project, hereby grants to the North Carolina Department of Transportation, the right of way as herein described and releases the Department from all claims for damages by reason of said right of way across the lands of the undersigned, and of the past and future use thereof by the Department, its successors and assigns, for all purposes for which the Department is authorized by law the subject such right of way; said right of way being the width indicated and across said property as follows: 60 feet in width measured 30 feet on each side of the centerline of the road, said centerline to be located by the Department and the construction or improvement of said road shall constitute the selection of said centerline; and such additional widths as might be necessary to provide for cut and fill slopes, sedimentation control and drainage of the road. This agreement includes as additional right of way the following described area to be used as a turn around: BEGINNING at a point on the Northeastern right of way line of Secondary Road 1571, being 30 feet Northeasterly of and normal to Survey Station 6 + 81.51, Survey Center Line Secondary Road 1571; thence in a Northeasterly direction in a straight line to a point being 60 feet Northeasterly of and normal to Survey Station 6 + 81,51, Survey Center Line Secondary Road 1571; thence in a Southeasterly direction in a straight line to a point being 60 feet Northeasterly of and normal to Survey Station 7 + 31,51, Survey Center Line Secondary Road 1571; thence in a Southwesterly direction in a straight line to a point on the Northeastern right of way line of Secondary Road 1571, being 30 feet Northeasterly of and normal to Survey Station 7 + 31,51, Survey Center Line Secondary Road 1571; thence in a Northwesterly direction along the Northeastern right of way line of Secondary Road 1571, at all points 30 feet Northeasterly of and normal to Survey Center Line Secondary Road 1571 to the point of BEGINNING. It is understood and agreed that the 60 foot right of way hereinabove referred to has been staked upon the ground and the centerline of the road is located in the center of the right of way stakes. The undersigned property owners further agree not to erect any structures, including masonry mailboxes, masonry driveway headwalls, any fencing, etc„ or engage in cultivation within the right of way granted herein except as approved by the North Carolina Department of Transportation pursuant to G.S. 136-93 and N,C, Administrative Code, 19A NCAC 02E.0404. It is further understood and agreed that should circumstances, conditions, or actions by the North Carolina Department of Transportation delay or delete the proposed improvement of said road, that the right of way granted herein shall remain until such time as released by the North Carolina Department of Transportation, There are no conditions to this agreement not expressed herein. The undersigned hereby covenant and warrant that they are the sole owners of said property; that they solely have the right to grant this right of way, and that they will forever warrant and defend the title to the same against the lawful claims of all person whomso~ev~ie/r, I TNESS WHEREOF, we have hereunto set our hands and affixed our seals this the ~~ ~=~-r- day of__ ~~~~~i 20 05 ,;~~; r~cn~nni rQ/y/ ~~ (SEAL) Vannie D. Carter, Custodian COMMUNITY CENTER (SEAL) (SEAT GRANTORS, personally appeared before me this day Witness my hand and official stamp or seal, this the My Commission Expires: /z-Q,j- 0,5 Y ' ~~. iF, ; s of the Cou;-{In--tyttand State aforesaid, certify that ~„/r .GLGaKWAdt4Z edged the execu~t' of the foregoing instrumei daypf C ~~,/~o~ ,204-? .~-~ ,c. Notarv Public FRM7-E For Improvement of Secondary Road Page 1 of I 10 § 136-63. Change or abandonment of roads. (a)The board of county commissioners of any county may, on its own motion or on petition of a group of citizens, request the Board of Transportation to change or abandon any road in the secondary system when the best interest of the people of the county will be served thereby. The Board of Transportation shall thereupon make inquiry into the proposed change or abandonment, and if in its opinion the public interest demands it, shall make such change or abandonment. If the change or abandonment shall affect a road connecting with any street of a city or town, the change or abandonment shall not be made until the street-governing body of the city ar town shall have been duly notified and given opportunity to be heard on the question. Any request by a board of county commissioners or street-governing body of a city refused by the Board of Transportation may be presented again upon the expiration of 12 months. (b) In keeping with its overall zoning scheme and long-range plans regarding the extraterritorial jurisdiction area, a municipality may keep open and assume responsibility for maintenance of a road within one mile of its corporate limits once it is abandoned from the State highway system. (1931, c. 145, s. 15; 1957, c. 65, s. 8; 1965, c. 55, s. 13; 1973, c. 507, s. 22 1 /2; 1975, c. 19, s. 45; 1977, c. 464, s. 25; 1993, c. 533, s. 14.) 11 § 153A-241. Closing public roads or easements. A county may permanently close any public road or any easement 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 a notice of the public hearing reasonably calculated to give full and fair disclosure of the proposed closing to be published once a week for three 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 easement 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 prominently 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 easement may appeal the board of commissioners' order to the appropriate 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. Upan 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 adjoining landowner by this paragraph remains subject to any public utility use or facility located on, over, or under the road or easement 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; 1995, c. 374, s.