AGENDA #1

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Public Hearing on Closing Unnamed Right-of-Way in the Morgan Creek Hills Neighborhood

 

DATE:             June 17, 2002

 

 

The purpose of this hearing is to receive comments regarding a request for closure of an unopened and unimproved right-of-way that intersects Morgan Creek Road.  (Please see the attached map.)

 

BACKGROUND

 

The owners of property abutting the right-of-way in question have requested that the Town Council abandon it.  The right-of-way is 50 feet wide and approximately 340 feet long.  It now functions as a shared driveway for two of the three abutting lots and it is not maintained by the Town.

 

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.”

 

In accordance with the Council’s May 13, 2002 resolution of intent, notices of this public hearing were mailed to all abutting property owners and utility companies, published in the local newspaper, and posted at the site.

 

DISCUSSION

 

Although the right-of-way is considered public, a street was never constructed within the right-of-way and thus maintenance was never provided by the Town.  All improvements and maintenance of the right-of-way have been provided by the adjacent property owners.  At this time there is a paved private driveway approximately 12 feet wide that serves as access for two lots.  The other abutting lot has road access from Morgan Creek Road by means of a private easement.  Because the right-of-way functions as a private driveway and is not constructed to Town standard for a public street, the Town has no interest in adding the right-of-way to the Town’s street system and accepting maintenance of the roadway.

 

If the Council decides to abandon the right-of-way, the land within the right-of-way limits would become the property of the abutting property owners in accordance with  State statute.

 

Duke Energy and Orange Water and Sewer Authority have existing facilities within the right-of-way and, therefore, it would be necessary to reserve blanket utility easements.  We would also recommend that an access and a drainage easement be reserved if the right-of-way is closed.

 

With the reservation of blanket utility, access and storm drainage easements, the public’s interest would not be adversely affected and access to all of the abutting lots would be provided if the right-of-way were to be closed.

 

If the right-of-way is closed by the Council, it would be the responsibility of the parties requesting the closure to provide a plat that shows the abandonment of the right-of-way and establishment of the necessary easements.

 

MANAGER’S PRELIMINARY RECOMMENDATION

 

That the Council adopt the attached resolution which would close the unnamed right-of-way and reserve blanket utility, access, and drainage easements.

 

ATTACHMENTS

 

1.         Map (p. 4)

2.         Letter (p. 5)

3.         Statute (p. 6)

4.         May 13, 2002 Agenda Item (p. 7)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A PRELIMINARY RESOLUTION CLOSING AN UNNAMED RIGHT-OF-WAY IN THE MORGAN CREEK HILLS NEIGHBORHOOD

 

WHEREAS, the Council on May 13, 2002 adopted a resolution of intent to consider closing an unnamed right-of-way in the Morgan Creek Hills area and a public hearing thereon was held on June 17, 2002; and

 

WHEREAS, closing this 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 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 an unnamed public right-of-way that is 50 feet wide and approximately 340 feet in length as shown on Orange County Tax Map 7.69 and abutting lots 7.69.B.3,4,5 subject to the reservation of blanket utility, access and drainage easements, 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 the _____ day of __________, 2002.