TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Proposed Exchange of Property Adjacent Cedar Falls Park to Resolve Encroachment
DATE: August 26, 2002
The attached resolution would authorize the Manager to advertise a proposed exchange of property adjacent Cedar Falls Park and to schedule an agenda item for possible Council action at the Council’s September 23, 2002 regular meeting.
In 1974 a plat for the Countrywide Subdivision was recorded that dedicated several open space areas to the Town.
Cedar Falls Park was purchased and developed in the 1970’s. Since the development of the park we have discovered that there are at least two private encroachments onto the park property including lot 2-8 of the Countrywide Subdivision.
DISCUSSION
In May 2002 the owners of lot 2-8 of Countrywide Subdivision requested that the Town take actions that would resolve their current property line conflict within a portion of the Countrywide Subdivision open space that was deeded to the Town. Please see the attached letter. The owners of the lot note that portions of their garage, driveway, and a stone wall are actually located on a strip of Town open space consisting of about 27,656 square feet. They also note that a deed gap consisting of approximately 41,250 square feet exists between the open space area and Cedar Falls Park.
The owners of the lot propose that several steps be taken to resolve the boundary problems including:
1. The owners of lot 2-8 would convey by quitclaim deed to the Town their interest in the deed gap area.
2. The Town would convey by quitclaim deed its interest in the strip of open space that lies between the deep gap and lot 2-8.
3. The owners of the lot would remove their improvements, including a fence and walls, from the deed gap area.
4. The owners of lot 2-8 would pay the costs of preparing and recording any necessary deeds and plats.
Potential Impacts on Open Space: It appears that the open space area was originally intended to provide access from the subdivision to Cedar Falls Park. We believe that this proposal would not adversely affect access to the park. Access would still be available from the end of the Cedar Fork Trail cul-de-sac. We also believe that there would be a small increase in the quantity of effective open space in the area because of the removal of the fence and walls in the current deed gap area.
If the Council adopts the attached resolution we would follow the provisions of NC Statute 160A-271 governing the exchange of property. The attached resolution would authorize the Manger to advertise the proposal in a local newspaper with 10 days' public notice. The notice would describe the properties to be exchanged and announce the council's intent to authorize the exchange at its September 23 regular meeting.
Manager’s Recommendation: That the Council adopt the attached resolution, which would authorize the Manager to advertise the proposed property exchange and schedule an agenda item for possible Council action at the Council’s September 23, 2002 regular meeting.
ATTACHMENTS
1. Sketch showing Countrywide Subdivision lot 2-8, the open space area, and the deed gap (p. 4).
2. Letter requesting the exchange of property (p. 5).
A RESOLUTION AUTHORIZING THE MANAGER TO GIVE PUBLIC NOTICE AS REQUIRED BY N.C.G.S.A. § 160A-271 FOR A PROPOSED PROPERTY EXCHANGE BETWEEN THE TOWN AND THE OWNERS OF LOT 2-8 OF COUNTRYWIDE SUBDIVISION (2002-08-26/R-4)
WHEREAS, improvements associated with lot 2-8 of the Countrywide Subdivision were built upon open space property owned by the Town; and
WHEREAS, the open space area in question consists of approximately 27,656 square feet; and
WHEREAS, a deed gap consisting of about 41,250 square feet exists between the open space area and Cedar Falls Park; and
WHEREAS, it would benefit both the Town and the owners of lot 2-8 of the Countrywide Subdivision to resolve the property line issue;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to advertise the proposed property exchange as required by N.C.G.S.A. § 160A-271 and schedule an agenda item for possible Council action at the Council’s September 23, 2002 regular meeting.
This the 26th day of August, 2002.