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File #: [18-0157]    Version: 1 Name:
Type: Discussion Item Status: Passed
File created: 2/12/2018 In control: Town Council
On agenda: 2/28/2018 Final action: 2/28/2018
Title: Open the Public Hearing and Consider a Request to Close the Unmaintained and Unpaved Portion of the Public Right-of-Way Near Smith Avenue.
Attachments: 1. Draft Staff Presentation, 2. Map of Requested Right-of-Way Closure, 3. Email Request from Property Owner, 416 Smith Avenue, 4. General Statute 160A-299, 5. Staff Presentation, 6. A RESOLUTION CLOSING THE UNMAINTAINED AND UNPAVED PORTION OF THE PUBLIC RIGHT-OF-WAY ON SMITH AVENUE (2018-02-28/R-7)
Related files: [18-0035]

title
Open the Public Hearing and Consider a Request to Close the Unmaintained and Unpaved Portion of the Public Right-of-Way Near Smith Avenue.
body

Staff:
Department:
Lance Norris, Director
Public Works
Chris Roberts, Manager of Engineering and Infrastructure

Chris Jensen, Senior Engineer


Overview: The owner of 416 and 420 Smith Avenue has requested closing two short sections of unpaved and unmaintained public right-of-way located between 416 and 420 Smith Avenue and between 420 Smith Avenue and 550 Chase Park Road. Closing these sections of the public right-of-way will not deny access to adjacent properties. All adjacent properties have access to other public right-of-way. These portions of the public right-of-way are not in use, and neither the Town nor OWASA have a need for this right-of-way.

North Carolina General Statute Sec. 160A-299 sets out the process for closing public right-of-way (see copy attached). The steps set out in this report and the attached resolution follow the statutory requirements.


Recommendation(s):
That the Council open the Public Hearing and adopt the resolution to close the unmaintained and unpaved portions of the public right-of-way located between 416 and 420 Smith Avenue and between 420 Smith Avenue and 550 Chase Park Road.

Fiscal Impact/Resources: Impacts to future investments are unknown.

Key Issues:
* Once the rights-of-way are closed, the property will be divided equally among all adjacent property owners. Each property owner will be required to file a new plat to assume ownership. Town staff has communicated this information to each affected property owner, and all are in support of the right-of-way closure.
* All adjacent property owners have been notified through phone conversations, emails, physical signs placed in prominent places at the edges of the requested right-of-way closure areas, and the notice has been published in the Herald Sun for the past four consecutive weeks.
* Closing these sections...

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