AGENDA #4k
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Request to Close a Section of Laurel Hill Road Right-of-Way
DATE: September 7 , 2004
The attached resolution would call a Public Hearing on October 18, 2004, regarding a request to permanently close a section of Laurel Hill Road and abandon the associated public right-of-way (lease see attached map).
The University of North Carolina at Chapel Hill has requested that the Council consider closing a section of Laurel Hill Road right-of-way within the North Carolina Botanical Garden. (Please see attached letter).
This right-of-way is shown on Orange County Tax Map 7.66 between Fordham Boulevard. and Kings Mill Road.
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 it would be necessary to reserve easements in the Laurel Hill Road right-of-way. We would also further evaluate whether or not the Town has any interest in keeping this right-of-way open.
If the right-of-way is closed, ownership would revert to the adjacent property owners in accord with State law. In this case, the only adjacent property owner is the University. A copy of G.S. 160A-299 is attached for reference.
RECOMMENDATION
That the Council adopt the following resolution calling a Public Hearing on October 18, 2004, and authorizing the Town Manager to have the required notices published, posted on-site and mailed to property owners and utility companies.
ATTACHMENTS
1. Petition/Letter (p. 4).
2. Map (p. 8).
3. G.S. 160A-299 (p. 9).
A RESOLUTION CALLING A PUBLIC HEARING ON THE PROPOSED CLOSURE OF A SECTION OF LAUREL HILL ROAD RIGHT-OF-WAY (2004-09-07/R-9)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby declares it’s intent to consider closing a section of Laurel Hill Road right-of-way as shown on Orange County Tax Map 7.66, which said right-of-way is approximately 60 feet wide and 1,000 feet in length.
BE IT FURTHER RESOLVED that the Council calls a Public Hearing at 7:00 pm Monday, October 18, 2004, in the Council Chamber at Town Hall, 306 N. Columbia Street, Chapel Hill, North Carolina to receive public comment on the proposed closing of said right-of-way.
This the 7th day of September, 2004.