AGENDA #4e
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Closure of a Section of Clyde Road Right-of-Way
DATE: July 2, 2001
The attached resolution would close approximately 1300 feet of the Clyde Road right-of-way as shown on the attached map (Attachment #1).
On May 21, 2001, the Council adopted a resolution calling a public hearing to consider closing approximately 1300 feet of the existing Clyde Road right-of-way. The Town staff requested this closure. A copy of the May 21, 2001 agenda item is attached (Attachment #2).
Clyde Road is a narrow gravel dead end road currently maintained by the North Carolina Department of Transportation. The section proposed for closure abuts two parcels owned by the Town of Chapel Hill.
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 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”
In accordance with the Council’s resolution a public hearing was held on June 18, 2001. Notices of this public hearing were mailed to the abutting property owner and utility companies, and were published in the local newspaper and posted at the site. A letter was also sent to the North Carolina Department of Transportation requesting that they consent to the closure. There were no comments or questions from the public or the Town Council.
DISCUSSION
The Town recently purchased the property that abuts the section of Clyde Road right-of-way proposed to be closed. No other property owners abut this section of Clyde Road right-of-way and therefore no property owners would be “deprived of a reasonable means of ingress and egress”. The proposed closure excludes 200 feet of the existing Clyde Road right-of-way to meet any foreseeable road frontage requirement needed for future use of the Town owned property as defined in the Town’s Development Ordinance
This land has been proposed to be the location of the Town’s future Public Works facility. The staff believes that closing this section of the Clyde road right-of-way would provide flexibility in future development of the site and would enable the Town to restrict access to the property. There has been a history of illegal dumping on this property and others in the vicinity and the staff believes that installing a gate across the existing gravel road will greatly reduce the likelihood of this practice continuing. The staff also believes that the Town has an interest in taking reasonable measures to minimize access to a large pond and dam north of the existing gravel road and that installing a gate across the road before the pond is the most feasible method of accomplishing this.
Responses that have been received from utility companies indicate that there are currently no public utilities or overlying easements in the existing Clyde Road right-of-way. None of the utility companies contacted requested that any easements be provided on the abutting properties at this time. A letter from North Carolina Department of Transportation (NCDOT) District Engineer Chad Kimes, dated June 7, 2001, indicates that NCDOT concurs with the proposed closure.
MANAGER’S RECOMMENDATION
That the Council adopt the attached resolution which would close a section of Clyde Road right-of-way.
ATTACHMENTS
1. Agenda Map (p. 4).
2. Copy of May 21, 2001 agenda item (begin new p. 1).
A RESOLUTION CLOSING A SECTION OF CLYDE ROAD RIGHT-OF-WAY (2001-07-02/R-3)
WHEREAS, the Council on May 21, 2001, adopted a resolution of intent to consider closing a section of the Clyde Road right-of-way and a public hearing thereon was held on June 18, 2001; and
WHEREAS, closing this section of the Clyde Road 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 a reasonable means of 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 1300 feet of the Clyde Road right-of-way as shown on Orange County Tax Map 7.19 and abutting parcels 23 and 23G, all of which shall be recorded on a plat to be approved by the Town of Chapel Hill Engineering Department.
This the 2nd day of July, 2001.