STAFF REPORT

Operations Committee, August 2, 2006

Request to Close a Portion of Right of Way of Alston Avenue (EN07-013)
Consideration of a request to Close a portion of the right of way of Alston Avenue
Speaker:  Steve Brown
 

From:  Tim Bailey, P.E., Engineering Director
Prepared by:  Patrick C. Lee, Real Estate Manager
Approved by:  William B. Coleman, Jr., Town Manager
Approved by:  Benjamin T. Shivar, Assistant Town Manager

NCDOT has received a request to close a portion of Alston Avenue as it runs northward in what will be the Tradition at Stonewater subdivision.  NCDOT has requested of the developer that they also seek concurrence from the Town of Cary in this closing.

Since the proposed subdivision initiating the request will be within the Town limits and totally surround this right of way, NCDOT indicated that it would like to abandon maintenance of this right of way and let it revert to a town street.  The Town of Cary will then close those portions not needed at all.  There is one property owner along this right of way that will be served by a new cul-de-sac to be built by the developer.  No one will be denied any access because of this closing since any new right of way will be dedicated prior to the actual abandonment and closure of Alston Avenue right of way itself.  A sketch is attached showing this area.

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

Staff Recommendation:  Staff recommends approval of the request to close a portion of right of way of Alston Avenue and adoption of a Resolution for Right of Way Closing.  

ALSTON AVENUE RIGHT OF WAY

TOWN OF CARY

RESOLUTION FOR RIGHT OF WAY CLOSING

A RESOLUTION APPROVING THE REQUEST TO NCDOT TO CLOSE A PORTION OF ALSTON AVENUE

                WHEREAS, the Alston Avenue in its current location has ceased to provide viable thoroughfare access to vehicles north of O’Kelly Chapel Road and a request has been made to the NCDOT to close a portion of this road; and

                WHEREAS, the NCDOT has requested concurrence of this proposed right of way closing by the Town of Cary, and

                WHEREAS, the Town of Cary joins in supporting this right of way closing request;

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

                THE TOWN OF CARY SUPPORTS closing that portion of Alston Avenue north of O’Kelly Chapel Road and will work to ensure that that no access to private property will be denied or abridged by this closing.

                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 ____ day of _______________, 2006, in the Town Hall.

                This the _         day of               , 2006.

                                                                                                _____________________________

                                                                                                MAYOR

Attest:                      

_____________________________

Town Clerk