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File #: 18-089   
Type: Resolution (Non-Consent) Status: Passed
File created: 3/8/2018 In control: County Attorney
On agenda: 3/27/2018 Final action: 3/27/2018
Enactment date: 3/27/2018 Enactment #: 2018-075
Title: Commissioner Brown - County Attorney - To Provide an Advisory Opinion to the North Carolina Department of Transportation (NCDOT) Concerning Possible State Abandonment of a Portion of Friday Park Road
Sponsors: Chad Brown
Attachments: 1. Adopted 2018-075, 2. Resolution, 3. Map, 4. Map

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Commissioner Brown - County Attorney - To Provide an Advisory Opinion to the North Carolina Department of Transportation (NCDOT) Concerning Possible State Abandonment of a Portion of Friday Park Road

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STAFF CONTACT

Charles Moore - County Attorney - 704-866-3194

BUDGET IMPACT
budget

N/A

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BUDGET ORDINANCE IMPACT

N/A

BACKGROUND

FPR Dallas, LLC is the owner of several lots near the terminus of Friday Park Road (State Road 1336).  The relevant Parcel Identification Numbers are depicted on the attached map.  The Petitioner wishes to abandon approximately Eight Hundred and Forty Eight (848) feet of such road.  The relevant portion of Friday Park Road is a dead end.

 

The North Carolina Department of Transportation (NCDOT) owns and controls the right-of-way (ROW) and has ultimate authority concerning whether or not to abandon the relevant portion of Friday Park Road.  However, NCDOT policy requires the relevant local governing body to provide an advisory opinion on whether or not the subject area should be abandoned.  Although not binding, the NCDOT will take such recommendation into consideration for an action to abandon the relevant portion of the ROW.

 

If the NCDOT elects to abandon the road, the road can only be officially closed by Gaston County at another public hearing pursuant to NC General Statutes.  This can be done by an official request by a Petitioner along with the payment of a filing fee.  If the NCDOT does not abandon the ROW, Gaston County has no authority to close the subject road.

 

Provided the turn-around is created as indicated on the attached map in purple, County staff has no objections to the road abandonment.  If the road is abandoned by the NCDOT, all maintenance of the road will be the responsibility the Petitioner, as the State will not contribute monies to ROW improvements of abandoned roads.

POLICY IMPACT

N/A

ATTACHMENTS

Resolution; Map