AGENDA #4c

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

SUBJECT:      Request to Close a Section of Rosemary Street Right-of-Way

DATE:                        October 10, 2005

The attached resolution would call a Public Hearing on November 14, 2005 regarding a request to permanently close a section of Rosemary Street right-of-way.  (Please see attached map).

DISCUSSION

On September 12, 2005, the Council authorized the Town Manager to initiate the process to close part of the Rosemary Street right-of-way that abuts the Town’s Wallace Parking Deck.  If the Council decides to approve the right-of-way closure, the width of the right-of-way would be decreased by seven (7’) feet to provide for redevelopment of the parking deck site.  (See attached memorandum).

This right-of-way is shown on Orange County Tax Map 7.80A between South Columbia Street and Henderson Street.

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 with closure of the right-of-way.

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 Town of Chapel Hill.  A copy of G.S. 160A-299 is attached for reference.

RECOMMENDATION

That the Council adopt the following resolution calling a Public Hearing on November 14, 2005 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. Memorandum (p. 4).

3. G.S. 160A-299 (p. 5).