AGENDA #4d

 

MEMORANDUM

 

TO:

Roger L. Stancil, Town Manager

 

 

FROM:

George Small PE, PLS, Director of Engineering

Mike Taylor, Engineering Design Specialist

 

 

SUBJECT:

Calling a Public Hearing on a Request to Close a Section of Allard Road Right-of-Way

 

 

DATE:

June 27, 2007

 

 

PURPOSE

 

The attached resolution would call a Public Hearing on September 17, 2007 regarding a request to permanently close an unimproved section of Allard Road right-of-way. Please see the attached map provided as Attachment 1. The resolution also authorizes the Town Manager to have the required notices published, posted on site, and mailed to property owners and utility companies.

 

We recommend adoption of the attached resolution.

 

BACKGROUND AND DISCUSSION

 

The residents who own property abutting an unimproved section of the Allard Road right-of-way have requested that the Town Council consider abandoning this section of right-of-way.  Please see the letter provided as Attachment 2. This section of right-of-way is approximately 375 feet long and 60 feet wide. It is located in the Coker Hills neighborhood on the north side of Michaux Road, and is shown on Orange County Tax Map 7.39A.

 

According to State law, G.S. 160A-299, a public hearing and prior notice to adjacent property owners are necessary before closing a public right-of-way.  Under the statute, the Council may close the right-of-way upon determining that:

 

“Closing the street or alley is not contrary to the public interest, and that no individual owning property in the vicinity of the street or alley or subdivision in which it is located would thereby be deprived of reasonable means of ingress and egress to his property.”

 

If the Council calls a public hearing to receive comment, Town staff would solicit input from utility companies and other potentially affected parties to determine if there are any concerns regarding the proposed right-of-way closure.

 

If the right-of-way is closed, ownership would revert to the adjacent property owners in accord with State law.  However, the Town has the right to reserve easements, if necessary, to provide public services in the area.   A copy of G.S. 160A-299 is attached for reference. (Attachment 3).

 

RECOMMENDATION

 

That the Council adopt the attached resolution calling a Pubic Hearing on September 17, 2007 regarding the proposed closure of a section of Allard Road right-of-way and authorizing the Town Manager to have the required notices published, posted on site, and mailed to property owners and utility companies.

 

ATTACHMENTS

 

1.         Map (p. 3).

2.         Letter from residents (p. 4).

3.         G.S. 160A-299 (p. 6).