AGENDA #4f
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Request to Close the Hillcrest Road Right-of-way
DATE: September 24, 2001
The attached resolution would call a public hearing on November 19, 2001 regarding a request to close an unimproved right-of-way known as Hillcrest Road. (Please see the attached map.)
The owners of property abutting the Hillcrest Road right-of-way have requested that the Council consider closing the Hillcrest Road right-of-way. (Please see the attached letter.)
This right-of-way is shown on Orange County Tax Map 7.56.
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 Hillcrest Road 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 November 19, 2001 and authorizing the Town Manager to have the required notices published, posted on site and mailed to all the abutting property owners.
1. Petition/letter (p. 3).
2. Map (pg. 5).
3. G.S. 160A-299 (p. 6).
A RESOLUTION CALLING A PUBLIC HEARING ON THE PROPOSED CLOSURE OF THE HILLCREST ROAD RIGHT-OF-WAY (2001-09-24/R-4)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby declares it’s intent to consider closing the Hillcrest Road right-of-way as shown on Orange County Tax Map 7.56 which said right-of-way is approximately 40 feet wide and 1,050 feet in length, and calls a public hearing at 7:00 p.m., Monday, November 19. 2001 in the Council Chamber at Town Hall, 306 N. Columbia Street, Chapel Hill, NC 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 24th day of September, 2001.