Currituck County
NC

Board Agenda

Resolution of Intent to Consider Permanent Closure of the Remainder of Old US Highway 158 (SR 1405)

Information

Department:County AttorneySponsors:
Category:BOC Resolution

Attachments

  1. Printout
  2. Resolution-Intent to close Old USHwy158 Coinjock 032017 (This file has not yet been converted to a viewable format)
  3. Exhibit A1 Resolution Close Old USHwy 158
  4. Exhibit A2 Resolution Close Old USHwy 158
  5. Exhibit A3 Resolution Close Old USHwy 158
  6. Exhibit B Resolution Close Old USHwy 158

Meeting History

Mar 20, 2017 6:00 PM Video Board of Commissioners Regular Meeting
draft Draft

County Attorney, Ike McRee, reviewed the statutory provisions and processes for road closure. He provided a review of portions of the road that were previously abandoned by the North Carolina Department of Transportation and reviewed the Resolution with the Board of Commissioners which provides for closure of the remaining portion of Old US Highway 158. He reviewed advertising and public hearing requirements.

Commissioner Payment motioned that the Board move forward with the resolution to close the section of Old Hwy 158, SR 1405. The motion was seconded by Commissioner Gilbert and carried unanimously.

RESOLUTION OF INTENT TO CONSIDER PERMANENT CLOSURE OF OLD U. S. HIGHWAY 158, ALSO KNOWN AS SECONDARY ROAD 1405 AND OLD FERRY LANDING IN COINJOCK, POPLAR BRANCH TOWNSHIP

WHEREAS, pursuant to N.C. Gen. Stat. ยง153A-241 a county may permanently close any street, whether opened or unopened; and

WHEREAS, the Currituck Waterfront Business Park, LLC is the owner of property on the eastern boundary of Old U. S. Highway 158, also known as Secondary Road 1405 and Old Ferry Landing, and has petitioned the county to close Old U. S. Highway (Secondary Road 1405). A copy of the petition and supporting documents are attached hereto and incorporated herein by reference as Exhibit A and a plat recorded in Plat Cabinet D, Page 66 of the Currituck County Registry more particularly showing the road petitioned for closing is attached hereto and incorporated by reference as Exhibit B; and

WHEREAS, by action taken on November 6, 1992 and May 5, 2016 the North Carolina Board of Transportation authorized abandonment and removal of Old U. S. Highway 158 (Secondary Road 1405) from the state maintained road system.

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners for the County of Currituck, North Carolina that:

Section 1. A public hearing shall be held at 6:00 p.m. on April 17, 2017, or as soon thereafter as the matter can be reached, to hear any person on the question of whether or not to permanently close Old U. S. Highway 158, also known as Secondary Road 1405 and Old Ferry Landing in Coinjock, Poplar Branch Township as more particularly described and shown on that plat recorded at Plat Cabinet D, Page 66 of the Currituck County Registry.

Section 2. The Clerk to the Board of Commissioners shall cause the publication of this Resolution, excluding the Exhibits which shall be maintained by the Clerk to the Board for public inspection, once a week for three successive weeks prior to the public hearing and a notice of the proposed permanent closing of road described herein and public hearing shall be prominently posted in two locations along the road proposed for closure.

Section 3. This resolution shall be effective upon its adoption.

Adopted this 20th day of March, 2017.

RESULT:APPROVED [UNANIMOUS]
MOVER:Mike H. Payment, Commissioner
SECONDER:Marion Gilbert, Commissioner
AYES:Bobby Hanig, Mike D. Hall, Paul M. Beaumont, Mary "Kitty" Etheridge, Marion Gilbert, Mike H. Payment, Bob White