AGENDA #1
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing on Closing Hillcrest Road Right-of-Way
DATE: November 19, 2001
The purpose of this hearing is to receive comments regarding a request for closure of the unimproved Hillcrest Road right-of-way as shown on the attached map.
The owners of the property abutting the Hillcrest Road right-of-way have requested that the Council consider closing the right-of-way. This segment of right-of-way is 40 feet wide and approximately 1,000 feet long. Although it is public right-of-way, it functions as a private gravel drive for the abutting lots. Please see attached map.
According to 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,…”.
In accordance with the Council’s resolution, notices of this public hearing were mailed to all abutting property owners and utility companies, and were published in the local newspaper and posted at the site.
DISCUSSION
The segment of right-of-way requested for closure is dedicated public right-of-way, but is not maintained by the Town. There are six lots that now have frontage along this segment of right-of-way. The owners of the six properties have signed the attached petition requesting this right-of-way closure.
The residents who own the abutting lots have maintained this part of Hillcrest Road as a private drive to provide access to their homes. If the Council decides to close the street as a public right-of-way it would continue to function as it does now, but would be designated as a private access and utility easement instead of a public right-of-way. Elimination of the right-of-way would also make it difficult to subdivide the abutting lots since the lots would no longer have frontage along a right-of-way. It is our understanding that this would be desirable to the property owners.
Duke Energy, Orange Water and Sewer Authority, Public Service Gas, and Time Warner now have facilities within this segment of the right-of-way. Therefore, if the Council approves the requested closure, we recommend that a blanket utility easement be reserved. We also believe it would be necessary to reserve a blanket access easement to ensure adequate ingress and egress to the lots that now use the right-of-way area for access.
If utility and access easements are reserved, we believe the Town would have no interest in this as a public right-of-way.
MANAGER’S PRELIMINARY RECOMMENDATION
That the Town Council adopt the attached resolution which would close the unimproved segment of the Hillcrest Road right-of-way and reserve blanket utility and access easements.
ATTACHMENTS
1. Map (p. 4).
2. Petition (p. 5).
3. G.S. 160A-299 (p. 8).
A PRELIMINARY RESOLUTION CLOSING AN UNIMPROVED SEGMENT 0F HILLCREST ROAD RIGHT-OF-WAY
WHEREAS, the Town Council on September 24, 2001, adopted a resolution of intent to consider closing part of the Hillcrest Road right-of-way, and a public hearing thereon was held on November 19, 2001; and
WHEREAS, closing this part of the Hillcrest 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 reasonable means of ingress and egress to his or her property by the closing of said right-of-way, provided that blanket access and utility easements are reserved;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts this order pursuant to the North Carolina G.S. 160A-299, permanently closing approximately 1,000 feet of the unimproved segment of the Hillcrest Road right-of-way as shown on Orange County Tax Map 7.56, subject to the reservation of blanket utility and access easements, all of which shall be recorded on a plat to be provided by the parties requesting the right-of-way closure and approved by the Chapel Hill Engineering Department.
This the _____day of_________, 2001.