AGENDA #4m

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Request to Close a Section of Highland Woods Road Right-of-Way – Calling a Public Hearing

 

DATE:             November 21, 2005

 

 

PURPOSE

 

The attached resolution would call a Public Hearing on January 18, 2006 regarding a request to permanently close a section of Highland Woods Road right-of-way.  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

 

On May 24, 2005, the Council authorized the Town Manager to work with the University of North Carolina to have new public right-of-way dedicated on University property for the realignment of Highland Woods Road.  Please see the map provided in Attachment 1.

 

The University agreed to dedicate the necessary right-of-way at no cost to the Town.  The University requested permanent closure of the existing Highland Woods Road right-of-way that would no longer be necessary if the road realignment is approved by the Council.  Attachment 2 is a copy of the letter from the University.  A copy of the May 24, 2005 Council resolution is also provided in Attachment 2.

 

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.  In this case, the adjacent property owners are the North Carolina Department of Transportation on the north side and the University of North Carolina on the south side.  A copy of G.S. 160A-299 is attached for reference (Attachment 3). More detailed information will be provided at the Public Hearing.

 

RECOMMENDATION

 

That the Council adopt the attached resolution calling a Pubic Hearing on January 18, 2006 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. 4).

2.         Council Resolution 2004-05-04/R-5 and Letter from the University (p. 5).

3.         G.S. 160A-299 (p. 7).