AGENDA #4a
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Closure of a Section of Cottage Lane Right-of-Way
DATE: March 5, 2001
The attached resolution would close approximately 75 feet of unimproved Cottage Lane right-of-way. (Please see the attached map.)
The attached petition from Mr. J. Paul Cheek was received by the Council at the January 8, 2001 meeting. Mr. Cheek requests that the Council abandon a section of the unopened Cottage Lane right-of-way that abuts his properties at 209 and 210 Cottage Lane. The Council subsequently called a public hearing on the request. (Please see the attached Agenda item 4 from the February 19, 2001 Council meeting.)
Cottage Lane is a narrow paved street that is maintained by the Town. The Town’s maintenance ends prior to the section now under consideration for closure.
This section of unimproved right-of-way comprises part of the front lawns of 209 and 210 Cottage Lane. It also abuts the side of the Donnan property at 301A Hillsborough Street.
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 ally or in the subdivision in which it is located would thereby be deprived of reasonable means of ingress and egress to his property.”
In accordance with the Council’s resolution a public hearing was held on February 19, 2001. Notice of this public hearing was mailed to all abutting property owners and utility companies. Notices were also published in the local newspaper and posted at the site.
The section of right-of-way that Mr. Cheek has asked to be closed has never been used for access to abutting properties. This unimproved section is the northern end of the Cottage Lane right-of-way and abuts only three lots: the two lots owned by Mr. Cheek and the Donnan property. The Donnan lot has street frontage and existing access from Hillsborough Street. Therefore, their property would not be “deprived of a reasonable means of ingress and egress.” The Donnans have also indicated that they support Mr. Cheek’s request to close this right-of-way.
Abandonment of the right-of-way would not affect the existing access to any abutting properties. Mr. Cheek’s property would continue to have driveway access from the northern end of the Town maintained section of Cottage Lane. The Donnan property would continue to have driveway access from Hillsborough Street.
The Orange Water and Sewer Authority (OWASA) now maintains utility lines in Cottage Lane and has requested that the Town maintain a blanket utility easement through the right-of-way now under the Council’s consideration for abandonment. If the Council decides to close the right-of-way, Town staff recommends that a blanket drainage easement be reserved in addition to the utility easement requested by OWASA.
With reservation of the blanket utility and storm drainage easements the public’s interest would not be adversely affected and existing access to all of the abutting lots would not be affected.
As noted above a public hearing held on February 19, 2001, to receive comments on the proposed closure of the Cottage Lane right-of-way. There were no comments or questions from the public or the Town Council.
We believe closure of this section of the Cottage Lane right-of-way would not be contrary to the public interest as long as utility and drainage easements are provided. Also, abandonment of the existing right-of-way would not adversely affect access to the abutting properties.
That the Council adopt the attached resolution which would close a section of the Cottage Lane right-of-way and reserve blanket utility and drainage easements.
1. Map (p. 4).
2. Cheek letter dated September 5, 2000 (p. 5).
3. Copy of February 19, 2001 agenda item #4 (begin new page 1).
A RESOLUTION CLOSING A SECTION OF THE COTTAGE LANE RIGHT-OF-WAY (2001-03-05/R-3)
WHEREAS, the Council on January 8, 2001, adopted a resolution of intent to consider closing part of the Cottage Lane right-of-way and a public hearing thereon was held on February 19, 2001; and
WHEREAS, closing this part of the Cottage Lane right-of-way would not be contrary to the public interest; and no individual owning property in the vicinity of the right-of-way would be deprived of reasonable means ingress and egress to his or her property by closing of said right-of-way;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts this order pursuant to North Carolina G.S. 160A-299, permanently closing approximately 75 feet of the Cottage Lane right-of-way as shown on Orange County Tax Map 7.80, Block B, and abutting lots 25, 36 and 37, subject to the reservation of blanket utility and drainage easements, all of which shall be recorded on a plat to be provided by the party requesting the right-of-way closure and approved by the Chapel Hill Engineering Department.
This the 5th day of March, 2001.