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HARRISS, EMBREE & MARION <br />ATTORNEYS AT LAW <br />WILLIAM G. HARRISS Telephone <br />KENNETH R. EMBREE F(919) 493 -8421 <br />Fax (919) 493 -8425 <br />JOSEPH W. MARION <br />October 8, 1990 <br />ORANGE COUNTY PLANNING DEPARTMENT <br />Attention: Ms. Jane Garrett <br />306F Revere Road <br />Hillsborough, NC 27278 <br />Gr 7Z Gr 7 7 7 ...- <br />Suite 210 <br />Duke Forest Place <br />3326 Chapel Hill Boulevard <br />Durham, North Carolina 27707 <br />Post Office Box 51009 <br />Durham, North Carolina 27717 -1009 <br />RE: Property of Daniel F. Berry and Edith D. Berry <br />to Lori and Jay Berry <br />Dear Ms. Garrett: <br />Thank you for the facsimile transmission today of the <br />requirement by the Planning Department that Mr. and Mrs. Berry <br />submit a narrative addressing why a partial width right -of -way is <br />needed and a filing fee of $81.00 for consideration. <br />The right -of --way is to be fifty feet (501) wide running along <br />the property line. As you get into the property at one point there <br />is existing a well which lies approximately twenty -five feet (251) <br />from the property line. Between the well and the property line the <br />area is wooded and the owners would like to retain those woods so <br />the traveled portion of the right -of -way (8' or so plus ditches and <br />shoulders) would remain in its current layout on the other side of <br />the well in the 25' between it and the other side of the 50' right - <br />of -way. This is where the existing road is currently located. The <br />well effectively splits the right -of -way so if you go to one side <br />you have about 25' of right -of -way and if you go to the other, you <br />have about 25' df right -of -way. The owner proposes to continue to <br />use the current road layout so that cutting trees would not be <br />necessary. The 25' to either side of the well allows ample room <br />for a Class C private road which is anticipated to serve this <br />property. <br />The width of the opening for the road will be sufficient for <br />the passage of a 14 -foot wide manufactured home so it should be <br />able to handle emergency service vehicles such as fire, rescue <br />squad or Sheriff. <br />This arrangement allows continued use of the well and 25' of <br />right -of -way within which to run the Class C private road with <br />travel way, ditches and shoulders. The turn around for the road is <br />not in the vicinity of the well and would not be affected. <br />