Agenda - 10-05-94 - VIII-H - Laserfiche WebLink

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Sep. 9 '94 12:05 ENT LAND SURVEYS, INC. FAX 919-644-1177 P. 2 August 22,1994 Public Hearing 08/22/94 6 'f Item C.4.a Where NCDOT will accept and maintain publicly dedicated rights-of-way within new subdivisions, and where the right-of-way is clearly marked and platted,this proposed amendment creates no problems. In the case of existing state secondary roads, however,the situation is much different. NCDOT often does not have well-defined rights- of-way along secondary roads(e.g. ditch-to-ditch)and even when there has been some specific right-of-way defined(e. g. 60'),that right-of-way is defined with respect to the centerline of the roadway,which can change as the road is regraded or repaved. In the case where an existing gravel road is paved,NCDOT invariably obtains new right-of-way agreements with the adjoining property owners,often ignoring(but never releasing) previously platted rights-of-way. If the adjoining lot is platted to the right-of-way rather than the centerline,there is the possibility that the owner might lose access the next time the road is paved. I suggest that until NCDOT revises their procedures to insure continued access,this amendment only apply to new subdivision roads. A provision requiring replatting of lot lines to the right-of-way where previously private roads are publicly dedicated would require approval and release of the underlying property by any lien-holder having an interest in the property. Since a lien-holder can not be forced to release his interest(short of condemnation),a requirement for replatting is likely to be unenforceable,and therefore ill-advised. Item C.4.b,c I am in favor of the proposed changes •