AGENDA #4g
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Closure of a Segment of the Ridgewood Lane Right-of-way
DATE: November 26, 2001
The attached resolution would close the northern, unimproved segment of Ridgewood Lane right-of-way, as shown on the attached map.
Ridgewood Lane is a narrow paved street that intersects Howell Lane and extends north to a point approximately 234 feet south of Roosevelt Drive. However, the right-of-way extends the entire length between Howell Lane and Roosevelt Drive. It is the unopened, unimproved segment of right-of-way south of Roosevelt Drive for which closure is being requested. Please see the 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, a public hearing was held on November 19, 2001. Notices of the public hearing were mailed to all abutting property owners and utility companies, published in the local newspaper, and posted at the site.
Mr. Coye Rogers, the owner of one of the two abutting lots, requested that the Council consider closing the right-of-way. There is only one other lot abutting this segment of right-of-way. It is owned by Mr. David Schreiber and Ms. Elizabeth Huggins, both of whom concur with the requested closure.
Closure of the right-of-way would not deprive property owners of a reasonable means of access. The abutting lots have driveway access to the Town maintained segment of Ridgewood Lane and also have frontage on Roosevelt Drive. The lots on the improved segment of the right-of-way would continue to have access on Ridgewood Lane.
Duke Energy, Orange Water and Sewer Authority, and Public Service Gas have indicated that they have facilities within this segment of the right-of-way. Therefore, if the Council decides to close this segment of right-of-way, we recommend that a blanket utility easement be reserved.
If the right-of-way is closed, it would be split between the two abutting lots. Closure of the right-of-way would provide more flexibility to the property owners if they expand existing structures or build new structures. Abandonment of the right-of-way would also eliminate the possibility of a through street connection to Roosevelt Drive.
PUBLIC HEARING
Mr. David Scheiber (1112 Ridgewood Lane) spoke in favor of the proposed right-of-way closure, and requested confirmation of the correct width and length of the right-of-way segment in question. Mr. Scheiber provided staff with information from owners’ property parcel maps and deed descriptions suggesting that the right-of-way width may be 16 feet rather than 10 feet as shown on the County tax maps.
Mr. Coye Rogers (1203 Roosevelt Drive) also spoke in favor of the proposed right-of-way closure, with the understanding that the entire right-of-way segment in question would be closed, regardless of whether the width is 10 feet or 16 feet.
No other citizens presented comments at the hearing.
CONCLUSION
We believe closure of this segment of the Ridgewood Lane right-of-way would not be contrary to the public interest as long as a blanket utility easement is provided. Also, abandonment of the existing right-of-way would not adversely affect access to the abutting properties.
It is not uncommon for discrepancies to exist in the descriptive records of property parcels and rights-of-way in older parts of the Town such as the Ridgewood Lane area. It is our intent to close the segment of right-of-way requested and desired by the adjacent owners.
The exact dimensions of the segment will be shown on the closure plat provided by the owners and based on the research of their surveyor. This will assure that the right-of-way segment being closed meets with the approval of the affected property owners.
MANAGER’S RECOMMENDATION
That the Town Council adopt the attached resolution which would close a segment of the Ridgewood Lane right-of-way and reserve a blanket utility easement.
ATTACHMENTS
1. Map (p. 4).
2. G.S. 160A-299 (p. 5).
A RESOLUTION CLOSING A SEGMENT OF THE RIDGEWOOD LANE RIGHT-OF-WAY (2001-11-26/R-6)
WHEREAS, the Council on October 22, 2001 adopted a resolution of intent to consider closing part of the Ridgewood Lane right-of-way and a public hearing thereon was held on November 19, 2001; and
WHEREAS, closing this part of the Ridgewood Lane right-of-way would not be contrary to the public interest, and no individual owing 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.
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 the northern end of the Ridgewood Lane right-of-way as shown on Orange County Tax Map 7.48, subject to the reservation of a blanket utility easement, 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 is the 26th day of November, 2001.