AGENDA #4k

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Closure of an Unnamed Right-of-way in the Morgan Creek Hills Neighborhood

 

DATE:             June 24, 2002

 

The attached resolution would close an unimproved right-of-way in the Morgan Creek Hills Neighborhood.  (Please see Attachment #1 map.)

 

BACKGROUND

 

The owners of property abutting the right-of-way in question have requested that the Town Council abandon it.  (Please see Attachment #2).  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 (Attachment #3) 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 ally 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, a Public Hearing was held on June 17, 2002.  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

 

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 the 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 none of the abutting lots would be deprived of reasonable access.

 

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.

 

PUBLIC HEARING

 

A public hearing was held on June 17, 2002, to receive comments on the proposed closure of the right-of-way.  The original petitioner, Mr. Robert Moore, expressed support for the closure and was available to answer questions.  The Council had no questions or comments.

 

CONCLUSION

 

We believe closure of this right-of-way would not be contrary to the public interest as long as access, utility, and drainage easements are provided.  Also abandonment of the right-of-way would not adversely affect access to the abutting properties.

 

MANAGER’S RECOMMENDATION

 

That the Council adopt the attached resolution closing an unnamed right-of-way in Morgan Creek Hills neighborhood subject to reservation of blanket utility, access, and drainage easements.

 

ATTACHMENTS

 

1.         Map (p. 4).

2.         Letter (p. 5).

3.         Statute (p. 6).

 

 

 

 

 

 

 

A RESOLUTION CLOSING AN UNNAMED RIGHT-OF-WAY IN THE MORGAN CREEK HILLS NEIGHBORHOOD (2002-06-24/R-9)

 

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 neighborhood 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 24th day of June, 2002.