Orange County NC Website
z <br /> A portion of the right-of-way for Mary E. Cook Road <br /> crosses Lot 3 of Spirit Hill Subdivision, located east and <br /> south of Hickory Hill. In order for the dedication of <br /> that portion of the right-of-way to occur, the owner of <br /> Lot 3 of Spirit Hill must sign the Final Plat for Hickory <br /> Hill. It has been the general practice of Orange County <br /> to extend lot lines to the center of the road easement for <br /> private roads, but only to the edge of the right-of-way <br /> for public roads. In keeping with this practice, it would <br /> be desirable for the Final Plat to include a recombination <br /> of Lot 3 of Spirit Hill to move the lot line to the <br /> eastern edge of the right-of-way for Mary E. Cook Road. <br /> However, if the owner of Lot 3 does not wish to have the <br /> lot line changed, then it can remain in its current <br /> location within the right-of-way without affecting the <br /> public road dedication. <br /> On May 16, 1994, the Planning Board recommended approval <br /> of the Preliminary Plan with the exception of Condition B7 <br /> in the Resolution of Approval which states "Provided it is <br /> acceptable with the owners of Lot 3 of Spirit Hill <br /> Subdivision, the property in the right-of-way of Mary E. <br /> Cook Road on Lot 3 should be recombined with the property <br /> in Hickory Hill. " The Planning Board recommended that the <br /> condition be eliminated because the recombination is <br /> contingent on the preference of the owner of Lot 3 , and <br /> the condition may or may not be met. <br /> RECOMMENDATION: The Administration recommends approval of the attached <br /> Resolution of Approval for Hickory Hill Subdivision, <br /> including item B7. Although recombination of Lot 3 and <br /> the right-of-way is not firmly required, inclusion of B7 <br /> would assure that the subdivider was aware of the <br /> preference to match the property line with the edge of the <br /> right-of-way. The issue of property ownership is not, <br /> however, of enough significance to jeopardize the <br /> applicants' ability to record the subdivision. <br />