AGENDA # 4e
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Request to Close Cottage Lane Right-of-way
DATE: January 8, 2001
The attached resolution would call a public hearing on February 19, 2001 regarding a request to close a section of the Cottage Lane right-of-way. (Please see the attached map).
Mr. J. Paul Cheek who owns two of the three lots that abut the right-of-way shown on the attached map has requested that the Council consider closing a 75-foot long section of the 10-foot wide unopened Cottage Lane right-of-way. The other abutting property owner has concurred with Mr. Cheek’s request to abandon the right-of-way. Please see the attached letter.
This right-of-way is shown on Orange County Tax Map 7.80 at the north end of Cottage Lane.
Under State law, G.S. 160A-299, a public hearing and prior notices to adjacent property owners are necessary before closing a 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 in the 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 public 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 Cottage Lane 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. A copy of G.S. 160A-299 is attached for reference.
That the Council adopt the following resolution calling a public hearing on February 19, 2001 and authorizing the Town Manager to have the required notices published, posted on site and mailed.
1. Area Map (p. 4).
2. Letter from J. Paul Cheek (p. 5).
3. Concurrence of abutting property owner (p. 6).
4. General Statutes 160A-299 (p. 7).
A RESOLUTION CALLING A PUBLIC HEARING ON THE PROPOSED CLOSURE OF A SECTION OF THE COTTAGE LANE RIGHT OF WAY (2001-01-08/R-5)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby declares it’s intent to consider closing a 75-foot by 10-foot section of the Cottage Lane right-of-way as shown on Orange County Tax Map 7.80 Block E and abutting lots 25, 36, and 37 which right-of-way is approximately 10 feet wide and 75 feet in length, and calls a public hearing at 7:00 pm Monday, February 19, 2001 in the Council Chamber at Town Hall, 306 N. Columbia Street, Chapel Hill, North Carolina to receive public comments on the proposed closing of said right-of-way.
BE IT FURTHER RESOLVED that the Town Manager is hereby directed to arrange publication, posting, and mailing of notices of the hearing as required by law.
This is the 8th day of January, 2001.