STAFF REPORT

Operations Committee, December 6, 2007

Consideration of Right of Way Closing (EN08-057)

Consideration of a request from West Glenn Properties, LLC to close a portion of the Henderson Road right of way

Speaker:  Mr. Tim Bailey

From: Tim Bailey, PE, Engineering Director  

Prepared by: Ricky Campbell, Real Estate Specialist

Approved by: William B. Coleman, Jr. Town Manager

Approved by: Benjamin T. Shivar, Assistant Town Manager  

The Town of Cary has received a request to close a portion of the Henderson Road right of way from West Glenn Properties, LLC.  The portion of right of way requested to be closed conflicts with West Glenn Estates because it connects to one of the lots in the subdivision (Lot #1) while at the same time the subdivision plat requires that all access to Henderson Road is to be from Glenwell Court.  West Glenn Properties, LLC owns the property adjacent to the portion of right of way requesting to be abandoned on the west.  In keeping with the applicable general statutes, staff has determined that no property owner will be denied access to their property as a result of this closing.  Staff concurs with this request.  An aerial photo is attached for reference.

To consider a right of way closing request, a public hearing must be called.  In order to comply with statute-mandated advertising guidelines, the earliest Town Council meeting which a public hearing can be held is February 14, 2008.  The provisions for closing public rights of way outlined in NCGS 160A-299 will be followed. In accordance with NCGS 160A-299, a notice will be placed for four consecutive weeks advertising the public hearing and the right of way closure will be posted prior to the public hearing.

Fiscal Impact:  There is no fiscal impact of this right of way closing request.

Staff Recommendation:   Staff recommends the committee approve this report and forward the attached Resolution of Intent to the Town Council for concurrence with this request to schedule a public hearing for the right of way closing.

TOWN OF CARY

RESOLUTION OF INTENT

STREET CLOSING

A RESOLUTION DECLARING THE INTENTION OF THE TOWN COUNCIL TO CONSIDER THE CLOSING OF a portion of the Henderson Road right of way as described on the attached Exhibit A

              WHEREAS, G.S. 160A-299 authorizes the Town Council of the Town of Cary to close public streets; and

              WHEREAS, the Town Council of the Town of Cary considers it advisable to conduct a public hearing for the purpose of giving consideration to the closing of the below described area.

              NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Cary meeting in regular session that:

              (1)  A meeting will be held at 6:30 PM on the 14^th day of February, 2008 in the Cary Town Hall to consider a resolution closing portions of the above referenced street(s).

              (2)  The Town Clerk is hereby directed to publish this resolution once a week for four consecutive weeks in the Cary News.

              (3)  The Town Clerk is further directed to transmit by certified mail to each owner of property abutting upon that portion of said street a copy of this Resolution of Intent;

              Upon motion duly made by Council member _________________________, and duly seconded by Council member ___________________, the above resolution was duly adopted by the Town Council at the regular meeting held on the 13th day of December, 2007, in the Town Hall.

This the 13th day of December, 2007, at 6:30 o'clock.

_____________________________

MAYOR

Attest:                      

_____________________________

Town Clerk

EXHIBIT A

PORTION OF HENDERSON RD. RIGHT OF WAY TO BE CLOSED:

              Beginning at a point, said point being  S 01^41'38” W 190.06' from the northeast property corner of Lot 1 , thence S 88^24'59” E 14.02' to a point in the western right of way of Henderson Road, thence S 01^38'43” W 60.00' to a point, thence  leaving the western right-of-way of Henderson Road N 88^24'59” W 14.07' to a point, thence N 01^41'38” E 60.00' to the point and place of beginning, containing 842 square feet, more or less, and being that same area labeled “60' PUBLIC R/W TO BE ABANDONED” as shown on a Minor Subdivision Map for West Glen Estates Lots 1-3, prepared by Sullivan Surveying, Dated August 1, 2007 and revised October 29, 2007.