mayor and city council from
MEMORANDUM
TO:
MAYOR AND CITY COUNCIL
FROM:
L. ASHLEY SMITH, CITY ATTORNEY
DATE:
JANUARY 3, 2017
RE:
PUBLIC HEARING ON AND ADOPTION OF RESOLUTION CLOSING A PORTION OF BURTONWOOD DRIVE
Pursuant to N.C.G.S. Section 160A-299, Rusty Bost, PE, Director of Engineering/City Engineer, has petitioned the City to undedicate a Portion of Burtonwood Drive (map attached). Staff has no objections to the closing of a Portion of Burtonwood Drive. Petitioner has required and the adjacent property owners have agreed to a drainage and general utilities easement the length and width of the proposed undedication. It is recommended that Council approve the attached Resolution to close a Portion of Burtonwood Drive as described.
______________________________________ L. Ashley Smith, City Attorney
Att.
DRAWN BY & MAIL TO: CITY OF GASTONIA LEGAL DEPARTMENT, L. ASHLEY SMITH, CITY ATTORNEY/ROD BOX #22
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF GASTONIA, NORTH CAROLINA TO CLOSE A PORTION OF BURTONWOOD DRIVE THAT WHEREAS, Rusty Bost, PE, Director of Engineering/City of Engineer for the City of Gastonia, North Carolina, has requested that the City Council of the City of Gastonia, North Carolina, withdraw from dedication A Portion of Burtonwood Drive, pursuant to Section 160A-299 of the General Statutes of North Carolina; and WHEREAS, pursuant to said Request, the City Council did on December 6, 2016, establish a public hearing for January 3, 2017, by Resolution to consider the request as proposed; and WHEREAS, it appears that Stowe Parker and Patricia Parker, are the owners of the real property which adjoins the street to be closed and that the public hearing has been properly advertised by publishing the notice for four (4) successive weeks in the Gaston Gazette and, further, by prominently posting copies of the notice of the public hearing in at least two places along the portion of the street to be closed; and WHEREAS, pursuant to said notice duly given, a public meeting of the City Council of the City of Gastonia, North Carolina, was held at 6:00 p.m. on the 3rd day of January, 2017, in the City Council Chambers in City Hall, Gastonia, North Carolina, to consider the request for the closing of A Portion of Burtonwood Drive; and WHEREAS, it appears to the satisfaction of the City Council of the City of Gastonia, that the closing of A Portion of Burtonwood Drive as described by the Resolution of the Intent to Close of the City Council dated December 6th, 2016, is not contrary to the public interest, and that no individual owning property in the
RES1807
vicinity of the street would thereby be deprived of a reasonable means of ingress and egress to their property by reason of the closing of the described street; and WHEREAS, it appears to the satisfaction of the City Council of the City of Gastonia, North Carolina, that all the requirements of law have been fully complied with pertaining to the closing of said alleyway described herein; and WHEREAS, it further appears that it is necessary that a utility easement be reserved by the City along the streets and alleyway which are being withdrawn from dedication and that said easement shall be the full width and length of said streets and alleyway. NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 160A299 of the General Statutes of North Carolina, a Portion of Burtonwood Drive, shall be and the same are hereby closed and withdrawn from public dedication and public use, subject to a public utility easement below set forth: The City further reserves a permanent right-of-way and easement for purposes of drainage and utilities over the full width and length of a Portion of Burtonwood Avenue, which are being withdrawn from dedication.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 160A299 of the General Statutes of North Carolina, A Portion of Burtonwood Drive shall be and the same is hereby closed and withdrawn from public dedication and public use subject to a reserved drainage and utilities easement by City of Gastonia: Beginning at an existing iron (rebar) located at the intersection of the east side right of way of Burtonwood Drive with the north side right of way of Garrison Boulevard , said iron being also the southwest corner of Tract I of the Stowe N. and Patricia F. Parker property ( Deed Book 2400 Page 40 ) and proceeding thence from said point of beginning a new line along the arc of a circular curve to the right ; said curve having a radius of 2249.01’ and an arc length of 13.60’ , a chord bearing of S 86-43-57 W and chord distance of 13.60’ to an iron set (rebar) , thence continuing along another new line along the arc of a circular curve to the right ; said curve having a radius of 39.88’ and an arc length of 66.94’, a chord bearing of N 45-00-39 W and chord distance of 59.35’ to an iron set (rebar) , thence continuing another new line along the arc of a circular curve to the left ; said curve having a radius of 484.36’ and an arc length of 173.34 , a chord bearing of N 07-09-19 W and a chord distance of 172.42’ to an existing iron (pipe) on the east side right of way of Burtonwood Drive , said iron being also the common corner of Tract I and Tract VIII of the Stowe N. and Patricia F. Parker property ( Deed Book 2400 Page 40 ) and proceeding thence from said iron along the existing right of way of Burtonwood Drive S 19-56-45 E , 225.80’ to the point of beginning and encompassing an area of 0.098 acre, more or less. RES1807
This description was prepared from a map titled “BURTONWOOD DR. PROPOSED UN-DEDICATION AND GENERAL UTILITY EASEMENT” (City file 804-33); being the area designated on said map as “PORTION OF ‘BURTONWOOD DR’ FOR PROPOSED UN-DEDICATION.” BE IT FURTHER RESOLVED that at the expense of the Petitioner, a certified copy of this Resolution duly adopted by the City Council of the City of Gastonia will be recorded in the Office of the Register of Deeds for Gaston County, North Carolina. This the 3rd day of January, 2017.
_____________________ Mayor John D. Bridgeman Attest:
______________________ (Deputy) City Clerk
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I M T N, I IO S L T A E DA ALE R L R CO OR S P E P R R E, D OD WO ON RT 0' R/W 6 BU
C O N F T EYA O N NV CO
SITE VICINITY SKETCH NOT TO SCALE
GASTONI
NC
R 0.098 ACRE 4264.57 SQ. FT. FOR PROPOSED CONVEYANCE TO STOWE N. PARKER AND PATRICIA F. PARKER PORTION OF "BURTONWOOD DR" FOR PROPOSED UN-DEDICATION
APPROVED OWNER
PROPOSED UN-DEDICATION AREA TO BE RETAINED FOR GENERAL INGRESS / EGRESS, DRAINAGE, AND UTILITY EASEMENT TO THE CITY OF GASTONIA
Great Place.Great People.Great Promise.
A N
OFFICE OF THE CITY ENGINEER 150 SOUTH YORK STREET - GASTONIA NC 28052 Phone: 704-866-6943
Y R
OWNER TABLE
RECORDED PLAT BOUNDARY SURVEY
BURTONWOOD DR. PROPOSED UN-DEDICATION AND GENERAL UTILITY EASEMENT
N
OWNER DATE:_________
GASTONIA TOWNSHIP GASTON COUNTY, NC CITY OF GASTONIA 150 South York Street P.O. Box 1748 Gastonia, NC 28053 OFFICE OF THE CITY ENGINEER
D
DS URVE
..... ........ .......
EL L D. LOVE
BURTONWO
YO
LA R CE
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
ON
A
E OF
N LA
R FAR
NO ............P..R......R
A T...H ....C.S..S..I.R...O...L
1 1 1 1 1 1 1 1 1 A ...... 1 IN .......L. ......
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1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
OD DR
BLV N O S I R E. GAR 80' R/W
APPROVED
PROPERTY LOCATED AT 1708 E. GARRISON BLVD GASTONIA NC
CITY ENGINEER
GASTONIA TOWNSHIP 1 TAX PARCEL ID 110023
DATE:_________
Drawn By: ASB Checked By: FDL City Engineer: CCB
APPROVED
Scale: 1" = 30' Date: 10/4/2016 Job Name: 804-33 PARKER
Revisions: CITY MANAGER DATE:_________
File # 804-33
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
TO:
MAYOR AND CITY COUNCIL
FROM:
L. ASHLEY SMITH, CITY ATTORNEY
DATE:
JANUARY 3, 2017
RE:
PUBLIC HEARING ON AND ADOPTION OF RESOLUTION CLOSING A PORTION OF BURTONWOOD DRIVE
Pursuant to N.C.G.S. Section 160A-299, Rusty Bost, PE, Director of Engineering/City Engineer, has petitioned the City to undedicate a Portion of Burtonwood Drive (map attached). Staff has no objections to the closing of a Portion of Burtonwood Drive. Petitioner has required and the adjacent property owners have agreed to a drainage and general utilities easement the length and width of the proposed undedication. It is recommended that Council approve the attached Resolution to close a Portion of Burtonwood Drive as described.
______________________________________ L. Ashley Smith, City Attorney
Att.
DRAWN BY & MAIL TO: CITY OF GASTONIA LEGAL DEPARTMENT, L. ASHLEY SMITH, CITY ATTORNEY/ROD BOX #22
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF GASTONIA, NORTH CAROLINA TO CLOSE A PORTION OF BURTONWOOD DRIVE THAT WHEREAS, Rusty Bost, PE, Director of Engineering/City of Engineer for the City of Gastonia, North Carolina, has requested that the City Council of the City of Gastonia, North Carolina, withdraw from dedication A Portion of Burtonwood Drive, pursuant to Section 160A-299 of the General Statutes of North Carolina; and WHEREAS, pursuant to said Request, the City Council did on December 6, 2016, establish a public hearing for January 3, 2017, by Resolution to consider the request as proposed; and WHEREAS, it appears that Stowe Parker and Patricia Parker, are the owners of the real property which adjoins the street to be closed and that the public hearing has been properly advertised by publishing the notice for four (4) successive weeks in the Gaston Gazette and, further, by prominently posting copies of the notice of the public hearing in at least two places along the portion of the street to be closed; and WHEREAS, pursuant to said notice duly given, a public meeting of the City Council of the City of Gastonia, North Carolina, was held at 6:00 p.m. on the 3rd day of January, 2017, in the City Council Chambers in City Hall, Gastonia, North Carolina, to consider the request for the closing of A Portion of Burtonwood Drive; and WHEREAS, it appears to the satisfaction of the City Council of the City of Gastonia, that the closing of A Portion of Burtonwood Drive as described by the Resolution of the Intent to Close of the City Council dated December 6th, 2016, is not contrary to the public interest, and that no individual owning property in the
RES1807
vicinity of the street would thereby be deprived of a reasonable means of ingress and egress to their property by reason of the closing of the described street; and WHEREAS, it appears to the satisfaction of the City Council of the City of Gastonia, North Carolina, that all the requirements of law have been fully complied with pertaining to the closing of said alleyway described herein; and WHEREAS, it further appears that it is necessary that a utility easement be reserved by the City along the streets and alleyway which are being withdrawn from dedication and that said easement shall be the full width and length of said streets and alleyway. NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 160A299 of the General Statutes of North Carolina, a Portion of Burtonwood Drive, shall be and the same are hereby closed and withdrawn from public dedication and public use, subject to a public utility easement below set forth: The City further reserves a permanent right-of-way and easement for purposes of drainage and utilities over the full width and length of a Portion of Burtonwood Avenue, which are being withdrawn from dedication.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 160A299 of the General Statutes of North Carolina, A Portion of Burtonwood Drive shall be and the same is hereby closed and withdrawn from public dedication and public use subject to a reserved drainage and utilities easement by City of Gastonia: Beginning at an existing iron (rebar) located at the intersection of the east side right of way of Burtonwood Drive with the north side right of way of Garrison Boulevard , said iron being also the southwest corner of Tract I of the Stowe N. and Patricia F. Parker property ( Deed Book 2400 Page 40 ) and proceeding thence from said point of beginning a new line along the arc of a circular curve to the right ; said curve having a radius of 2249.01’ and an arc length of 13.60’ , a chord bearing of S 86-43-57 W and chord distance of 13.60’ to an iron set (rebar) , thence continuing along another new line along the arc of a circular curve to the right ; said curve having a radius of 39.88’ and an arc length of 66.94’, a chord bearing of N 45-00-39 W and chord distance of 59.35’ to an iron set (rebar) , thence continuing another new line along the arc of a circular curve to the left ; said curve having a radius of 484.36’ and an arc length of 173.34 , a chord bearing of N 07-09-19 W and a chord distance of 172.42’ to an existing iron (pipe) on the east side right of way of Burtonwood Drive , said iron being also the common corner of Tract I and Tract VIII of the Stowe N. and Patricia F. Parker property ( Deed Book 2400 Page 40 ) and proceeding thence from said iron along the existing right of way of Burtonwood Drive S 19-56-45 E , 225.80’ to the point of beginning and encompassing an area of 0.098 acre, more or less. RES1807
This description was prepared from a map titled “BURTONWOOD DR. PROPOSED UN-DEDICATION AND GENERAL UTILITY EASEMENT” (City file 804-33); being the area designated on said map as “PORTION OF ‘BURTONWOOD DR’ FOR PROPOSED UN-DEDICATION.” BE IT FURTHER RESOLVED that at the expense of the Petitioner, a certified copy of this Resolution duly adopted by the City Council of the City of Gastonia will be recorded in the Office of the Register of Deeds for Gaston County, North Carolina. This the 3rd day of January, 2017.
_____________________ Mayor John D. Bridgeman Attest:
______________________ (Deputy) City Clerk
RES1807
I M T N, I IO S L T A E DA ALE R L R CO OR S P E P R R E, D OD WO ON RT 0' R/W 6 BU
C O N F T EYA O N NV CO
SITE VICINITY SKETCH NOT TO SCALE
GASTONI
NC
R 0.098 ACRE 4264.57 SQ. FT. FOR PROPOSED CONVEYANCE TO STOWE N. PARKER AND PATRICIA F. PARKER PORTION OF "BURTONWOOD DR" FOR PROPOSED UN-DEDICATION
APPROVED OWNER
PROPOSED UN-DEDICATION AREA TO BE RETAINED FOR GENERAL INGRESS / EGRESS, DRAINAGE, AND UTILITY EASEMENT TO THE CITY OF GASTONIA
Great Place.Great People.Great Promise.
A N
OFFICE OF THE CITY ENGINEER 150 SOUTH YORK STREET - GASTONIA NC 28052 Phone: 704-866-6943
Y R
OWNER TABLE
RECORDED PLAT BOUNDARY SURVEY
BURTONWOOD DR. PROPOSED UN-DEDICATION AND GENERAL UTILITY EASEMENT
N
OWNER DATE:_________
GASTONIA TOWNSHIP GASTON COUNTY, NC CITY OF GASTONIA 150 South York Street P.O. Box 1748 Gastonia, NC 28053 OFFICE OF THE CITY ENGINEER
D
DS URVE
..... ........ .......
EL L D. LOVE
BURTONWO
YO
LA R CE
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
ON
A
E OF
N LA
R FAR
NO ............P..R......R
A T...H ....C.S..S..I.R...O...L
1 1 1 1 1 1 1 1 1 A ...... 1 IN .......L. ......
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
OD DR
BLV N O S I R E. GAR 80' R/W
APPROVED
PROPERTY LOCATED AT 1708 E. GARRISON BLVD GASTONIA NC
CITY ENGINEER
GASTONIA TOWNSHIP 1 TAX PARCEL ID 110023
DATE:_________
Drawn By: ASB Checked By: FDL City Engineer: CCB
APPROVED
Scale: 1" = 30' Date: 10/4/2016 Job Name: 804-33 PARKER
Revisions: CITY MANAGER DATE:_________
File # 804-33
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
