July 11, 2017

MEMO TO:           Mayor Barber and Board of Commissioners

FROM:                  Frank Rush, Town Manager

SUBJECT:           Resolution of Intent to Close a Segment of 10th Street (Summary & Suggested Motions)

The Board of Commissioners is scheduled to consider the attached resolution at the July 11 meeting indicating the Town’s intent to legally close an approximately 185 ft. long segment of 10th Street between Bogue Sound and Emerald Drive.  If approved, the Board would provide appropriate public notice, conduct a public hearing on August 8, and then formally consider the closure of this segment of 10th Street at the August 8 meeting or a subsequent meeting.  In this case, it is important to note that if the Board approves the legal closure of this segment of 10th Street that a 10 ft. wide public access easement to Bogue Sound would remain in place to enable continued public access to the water in this area.   

The attached memo from Town Planner Josh Edmondson includes additional information about this request, which was initiated by the adjacent property owners.  A map indicating the portion of 10th Street to be closed is attached, along with an excerpt from the Town’s Powell Bill (official street) map.  An aerial photo of this area is also attached.  The Board should note that the 10th Street right of way is 25 feet wide in this area, and is not improved with a road.  A set of wooden steps leads to the shoreline of Bogue Sound in this area, and these steps would remain in the new 10 ft. wide public access easement to enable the public to access Bogue Sound. 

The formal street closing procedure is outlined in NC General Statutes 160A-299 (copy attached). As noted in NCGS 160A-299, when the Town legally closes a street, the land area occupied by the street is returned to the directly adjacent property owners, with half of the street area returned to the property owners on one side, and the other half returned to the property owners on the other side.  In this case, half of the 25 ft. wide public street right of way would be returned to each adjacent property owner, and a new 10 ft. wide public access easement would be recorded in this area. 

Josh Edmondson and I look forward to discussing this issue with the Board at the July 11 meeting.