AGENDA #4f
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Request to Close Clyde Road Right-of-way
DATE: May 21, 2001
The attached resolution would call a public hearing on June 18, 2001, regarding a request to close a section of the Clyde Road right-of-way. (Please see the attached map.)
The Town recently purchased the property that abuts the Clyde Road right-of-way shown on the attached map. This land has been proposed to be the location of the Town’s future Public Works Facility. The staff believes abandonment of a section of the Clyde Road right-of-way would provide flexibility in the development of the site and enable the Town to restrict access to the property. Therefore, we request that the Council call a Public Hearing to consider closing approximately 1300 feet of the right-of-way.
This right-of-way is shown on Orange County Tax Map 7.19 between Mill House Road and Interstate 40.
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 the utility companies and other potentially affected parties to determine if it would be necessary to reserve easements in the Clyde Road right-of-way. We would also further evaluate whether or not the Town has any interest in keeping this right-of-way open. This road is State maintained. Therefore the North Carolina Department of Transportation would need to consent to the abandonment.
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 June 18, 2001 and authorizing the Town Manager to have the required notices published, posted on site and mailed.
1. Agenda Map (p. 4).
2. Memorandum from Bruce Heflin (p. 5).
3. General Statutes 160A-299 (p. 7).
A RESOLUTION CALLING A PUBLIC HEARING ON THE PROPOSED CLOSURE OF A SECTION OF THE CLYDE ROAD (STATE ROAD 1726) RIGHT OF WAY (2001-05-21/R-2.2)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby declares it’s intent to consider closing a 1300 foot by 30-foot section of the Clyde Road right-of-way as shown on Orange County Tax Map 7.19, and calls a public hearing at 7:00 pm Monday, June 18, 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 the 21st day of May, 2001.