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1 <br /> ORANGE COUNTY <br /> NORTH CAROLINA <br /> MEMORANDUM <br /> TO: Board of County Commissioners <br /> Bonnie Hammersley, Orange County Manager <br /> Travis Myren, Orange County Deputy Manager <br /> FROM: Cy Stober, Planning & Inspections Director <br /> CC: All Planning Staff <br /> Patrick Mallett, Deputy Director, Development Services <br /> Michael Burton, GIS & Land Records Manager, Tax Administration <br /> DATE: September 5, 2023 <br /> SUBJECT: Abandonment of Orange County Right-of-Way near Acorn Ridge <br /> Trail <br /> At the June 6, 2023, Board of County Commissioners (BOCC) meeting, a Resolution of Intent <br /> was adopted to authorize staff to schedule a September 5, 2023, public hearing to consider the <br /> abandonment of a Orange County right-of-way near Acorn Ridge Trail. The action was <br /> requested by Nancy M. Culberson, property owner of 6230 Acorn Ridge Trail (PIN 0806-34- <br /> 5908), adjacent to the "Future Street" right-of-way that was never constructed. Materials for the <br /> June 6 meeting, including further details on the issue, are available at: <br /> http://server3.co.orange.nc.us:8088/WebLink/0/doc/70180/Pagel.aspx . <br /> Initial research indicated that a public hearing would be required for Orange County to abandon <br /> the right-of-way, pursuant North Carolina General Statute (NCGS) §153A-241 . Subsequent to <br /> the June 6 BOCC meeting, staff identified that NCGS §136-96 is also applicable and that no <br /> public hearing is necessary or desired by the applicant. The statutes allow the right-of-way and <br /> "Future Street" for Acorn Ridge Trail to be "conclusively presumed to have been abandoned by <br /> the purposes for which it was dedicated" if it was never"actually opened and used by the public <br /> within 15-years after its dedication." The abandonment must be initiated by a "dedicator" such <br /> as the adjoining property owners or a Homeowners Association. The Land Records Office will <br /> continue to coordinate with Ms. Culberson on finalizing the abandonment of the deeded right- <br /> of-way and subsequent allocation of property to the adjoining property owners. <br /> Please communicate any feedback or questions to Patrick Mallett, Deputy Director, <br /> Development Services, Planning & Inspections Department (pmallett(a)-orangecountync.gov) <br /> or Michael Burton, GIS & Land Records Manager, Tax Administration <br /> (mburton(o-)-orangecountync.gov). <br />