Agenda - 11-03-1986 - Laserfiche WebLink

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GRAINGER R. BARRETT ATTORNEY AT LAW 09€ SUITE SII'O, 248 H.C0LUM®IA STREET CHAPEL HILL. NCIRT"H CAROLINA 27S14 TELEPHONE'. May 20. 1986 0191 U29•a1Sr • Geoffrey Gledhill, Esq. Orange County Attorney 110 N. Churtan Street Hillsborough, N.C. 27278 Dear Geoff; I write regarding Shirley Gates Gentry' s application to Orange County for minor subdivision approval . As I understand, the staff is requiring an attorney's opinion whether an approximately 1 ,000 foot stretch of existing dirt road approximately 40' wide is a public road. That stretch of road is referenced in a survey 'entitled "SHIRLEY GATES GENTRY, " dated March 10, prepared by Holland Land Surveying. I submit y opinion contained herein pursuant to your letter of ` April 17, 1986 to Susan Sw!it'll regarding public versus private roads generally. have reviewed or examined such statutes, ordinances, cases, affidavits and other materials as I though necessary or desirable to enable me to render the opinion below. Based on such review, it is my opinion that the 1,000 foot stretch of' existing dirt road is a road that meets the standards of G.S. 136-67; it is further my . opinion that said road is a neighborhood public road as described in G.S. 136-67, in that it is a road outside any incorporated town, numerous serves public use, and is a means of ingress and egress for families . Furthermore, it is my opinion, based on my investigation, that this stretch of road is not a driveway which serves an essentially private use. My opinion relies especially on the following: (a) this road has existed for decades, and has been a means of ingress and egress to several families for over twenty years; (b) this land was formerly mostly owned by Jack Gates; Mr. Gates and his children have expressed to me and indicated by affidavit that this stretch of road has for at least twenty years or more been perceived by them - as essentially a public road; (c) abutting and servient owners have not in the memory of several affiants ever attempted to limit or block passage on or access over this road to any member of the public; (d) although there are on record references to this stretch as a private road, the earliest refrence I find characterizing it, refers to this stretch as a "public road. " See, deed from Nancy H. Nye to Kemp B. Nye and wife, nancy H. Nye, dated November 30, 1967, recorded at. Book 214 , Page 140, Orange County Registry,'and (e) the standards set :earth in G.S. 136-67 itself .