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2 <br /> construction of connecting roads to adjoining properties if/when the adjoining property was <br /> developed. The area designated for the future street is 50 feet in width by approximately 284 feet <br /> in length, and contains +/- 0.36 acres. The petitioner accesses her residence using Acorn Ridge <br /> Trail to the south of the future street via a driveway on her property. No parcel relies on the right <br /> of way area for access. Ms. Culberson proposes to combine the right of way area and her parcel <br /> into a single parcel. <br /> Ms. Culberson purchased the adjacent property at 6230 Acorn Ridge Trail on September 17, <br /> 2020. After the purchase, Ms. Culberson discovered potential water runoff issues coming from <br /> the future right-of-way area. Ms. Culberson wishes to take ownership and responsibility of this <br /> right-of-way area in order to begin fixing the drainage issues, as neither NCDOT nor Orange <br /> County has maintained the land or expressed any interest in developing it. To do so, Ms. <br /> Culberson is requesting an abandonment of right-of-way by Orange County. She has also <br /> indicated that the adjacent owners have been contacted and have thus far expressed no <br /> objections to her obtaining the entire right-of-way area. NCDOT and Planning Staff have analyzed <br /> the request and overall road access with no objections to the applicant's request. Evidence of <br /> any support or objections to this request can be made at the time of the public hearing. <br /> The petitioner has paid the required right-of-way abandonment fees and has agreed to incur costs <br /> related to the required survey and recordation of the necessary plat and deeds. <br /> PROCESS: Pursuant to North Carolina General Statute (NCGS) §153A-241, a county may <br /> permanently close any public road or any easement within the county and not within a city, except <br /> public roads or easements for public roads under the control and supervision of the Department <br /> of Transportation. The BOCC must first adopt a resolution declaring its intent to close the public <br /> road or easement, and then advertise and conduct a public hearing on the request. The BOCC <br /> may then take action to close the right-of-way after closing the public hearing. <br /> If the Board approves the resolution authorizing to proceed, Orange County staff will: <br /> 1. Notify all adjacent property owners of the pending public hearing tentatively planned for <br /> September 5, 2023 via mail; <br /> 2. Run the required legal ads for three consecutive weeks prior to the public hearing date; <br /> and <br /> 3. Post a public hearing sign on the right-of-way property. <br /> FINANCIAL IMPACT: There is no direct financial impact to the County associated with this <br /> abandonment request item other than staff time. <br /> SOCIAL JUSTICE IMPACT: There are no Orange County Social Justice Goal impacts <br /> associated with this item. <br /> ENVIRONMENTAL IMPACT: There are no Orange County Environmental Responsibility Goal <br /> impacts associated with this item. <br /> RECOMMENDATION(S): The Manager recommends that the Board adopt the Resolution of <br /> Intent in Attachment 5 stating the County's intent to abandon the right-of-way and authorizing staff <br /> to schedule a public hearing on the matter for the September 5, 2023 Board of Commissioners' <br /> Business meeting. <br />