City Council Public Hearing Notice

RESOLUTION OF INTENT BY THE CITY OF HENDERSONVILLE CITY COUNCIL TO CLOSE A PORTION OF AN UNIMPROVED RIGHT-OF-WAY LYING WITHIN THE INTERSECTION OF E. BARNWELL STREET AND S. GROVE STREET LOCATED ADJACENT TO PIN 9568-86-8555

WHEREAS, NC General Statute (G.S.) 160A-299 authorizes the City Council to close public streets and alleys; and

WHEREAS, Ronald and Maryann Merker, owners, have petitioned the City of Hendersonville City Council to close a portion of unimproved right-of-way lying within the intersection of E. Barnwell Street and S. Grove Street located adjacent to property described in that deed recorded in the Henderson County Registry in Deed Book 657 at page 805, having PIN of 9568-86-855; and

WHEREAS, Ron P. Merker and wife, Maryann Merker granted a Deed for Highway Right-of-Way to the North Carolina Dept. of Transportation (NCDOT) pursuant to that deed recorded in the Henderson County Registry in Deed Book 1362 at page 430; and

WHEREAS, NCDOT has previously abandoned maintenance of the subject portion of the right-of-way requested for closure, but has not yet abandoned the right of way; and

WHEREAS, NC General Statute 160A-299 requires that City Council conduct a public hearing for the purpose of giving consideration to the petition; and

WHEREAS, At the public hearing, any person may be heard on the question of whether or not the closing would be detrimental to the public interest, or the property rights of any individual; and

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hendersonville, North Carolina that:

  1. City Council herewith calls a public hearing to be held at 5:45 p.m. (or as soon thereafter as it may be heard) on the 1st day of July 2021, in the Assembly Room of the City Operations Building at 305 Williams St to consider closing a portion of unimproved right-of-way lying within the intersection of E. Barnwell Street and S. Grove Street located adjacent to PIN 9568-86-8555. Persons shall be allowed to attend and comment in person or via Zoom at the following address:

https://zoom.us/j/95746846396?pwd=YmlXdXdHcjRFVlM2VElqcEVwT1ZLZz09#success

Dial-in by phone: (646) 558-8656
Meeting ID: 957 4684 6396
Passcode: 28792

 

Written comments may be submitted prior to the public hearing on the City’s webpage at www.hendersonvillenc.gov/public-comment or directly to the City Clerk, Angela Reece, areece@hvlnc.gov 160 6th Ave East, Hendersonville, NC 28792.

  1. The legal description for the portion of the subject right-of-way proposed for closing is as follows:

 

Beginning on a new iron pin, said iron pin being located S83°40’00” E 24.33 feet and S 28°20’51” E 9.25 feet from a drill hole in concrete shown on SLIDE 9962 and being the North West corner of D.B. 657, PG. 805. From said beginning point along the edge of the existing asphalt parking area the following 10 calls: S71°52’15”E 5.04 feet to a new iron pin, thence S57°29’14”E 22.90 feet to a new iron pin, thence S42°56’51”E 7.90 feet to a new iron pin, thence S36°22’19”E 12.17 feet to a new iron pin, thence S27°16’58”E 14.42 feet to a new iron pin, thence S12°25’57”E 46.11 feet to a new iron pin, thence S18°45’11”E 9.40 feet to a new iron pin, thence S31°06’02”E 7.40 feet to a new iron pin, thence S55°25’17”E 5.81 feet to a new iron pin, thence S22°54’45”E 31.39 feet to an existing 5/8” iron pin. Thence N32°32’37”W 36.24 feet to a point, thence N31°37’17”W 21.09 feet to a point, thence N28°20’51”W 92.22 feet to a point, thence N28°20’51”W 5.79 feet to the point and place of beginning. Containing 0.034 Acres (1462.5 sq. ft) and being a portion of the right of way of the southwest side of the intersection of E Barnwell Street and S Grove Street.

 

The above-described portion of S. Grove St & E. Barnwell St right-of-way to be closed will also be shown on a plat to be recorded in the Henderson County Registry if approved by City Council.

 

  1. At the close of the public hearing, it is the intent of City Council to close the proposed portion of the subject right-of-way, said closure to be effective upon the consent of the NCDOT to said closure.

 

  1. The City Clerk is hereby directed to publish this Resolution of Intent once a week for four successive weeks.

 

  1. The City Clerk is further directed to transmit by registered or certified mail to each owner of property abutting upon that portion of said street a copy of the Resolution of Intent.

 

  1. The City Clerk is further directed to cause adequate notices of the Resolution of Intent and the scheduled public hearing to be prominently posted in at least two places along the portion of S. Grove St. and E. Barnwell St. proposed for closure as required by NC General Statute 160A-299.

Adopted by the City Council of the City of Hendersonville, North Carolina on this 3rd day of June 2021.

 

Attest:                                                             Barbara G. Volk, Mayor, City of Hendersonville

 

Angela L. Reece, City Clerk

 

Approved as to form:  Angela S. Beeker, City Attorney

 

 Published in the Times-News on June 9, 16, 23, 30