Closing a Road Through the Log Cabin

As part of the Streambank Restoration project, a surveyor marked all of the boundaries of property that would be affected. They came out to the log cabin over and over again, then knocked on the door to show us a problem.

The log cabin sits on two lots, one zoned commercial, one zoned residential. But those two lots don’t actually touch each other. There was a road between them.

So, although I have a clear title to both lots, the log cabin is built in the middle of what is actually supposed to be a road.

After a lot of advice that took literally years to find was not accurate, we found that the correct action was to petition the City Council to close the road.

Anybody that would be inconvenienced by our closing the road would have a chance to speak at the City Council meeting.

A certified letter was sent to all the adjoining property owners letting them know that a public meeting about the proposed closing would be Aug 5, 2021.

Public Notices included a sign in the front yard and notices put in the Hendersonville Times-News and the eNewspaper, blueridgenow.com  from 07/11/2021 until 08/01/2021.

The log cabin had been there since 1981. So no one could say that they had been using the road because there was a cabin blocking it.

This is what it says on the sign and in the letters;

Resolution #R-21-67
RESOLUTION OF INTENT BY THE CITY OF HENDERSONVILLE CITY COUNCIL TO CLOSE A PORTION OF AN UNIMPROVED RIGHT-OF-WAY LYING WITHIN PIN 9569-44-6625

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

WHEREAS, Carla S. and Clifford E. Kirby, owners, have petitioned the City of Hendersonville

City Council to close a portion of unimproved right-of-way lying within property described in a deed recorded in the Henderson County Registry in Deed Book 1447 at page 582, having PIN of 9569-44-

6625; 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 5th day of August 2021, in the Assembly Room of the City OperationsBuilding at 305 Williams St to consider closing a portion of unimproved right-of-way lying within PIN 9569-44-6625. Persons shall be allowed to attend and comment in person or via Zoom at the following address:https://zoom.us/j/95746846396?pwd=YmlXdXdHcjRFVlM2VElqcEVwT1ZLZz09#successDial-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.

2. The legal description for the portion of the subject right-of-way proposed for closing is as follows:All of that certain parcel of land situated in the Henderson County, North Carolina and more particularly described as shown on that survey labeled as “A PROPOSED ROAD CLOSURE SURVEY FOR CARLA & CLIFF KIRBY” prepared by KEE Mapping & Survey: Job #2104037 Dated 05/06/2021 (the “KEE Plat”), and further described as follows:BEGINNING at a point shown as an IPC designated as the originating point of C4 on the KEE Plat; thence with C4 on the KEE Plat with a chord bearing of South 09 deg 28 min 15 sec East (Chord Length 21.31 feet and Arc Length 22.48 feet) and a Radius of 20.00 feet to an unmarked point; thence South 41 deg 40 min 04 sec East, 119.74 feet to an IPC; thence South 55 deg 44 min 56 sec West, 20.17 feet to a set 5/8″ Rebar; thence North 41 deg 40 min 04 sec West, 101.32 feet to an unmarked point; thence along the Curve designated as C5 on the KEE Plat with a Chord Bearing of North 84 deg 31 min 02 sec West (Chord Length 27.20 feet and Arc Length 29.91 feet) and a Radius of 20.00 feet to an IPC; thence along the Curve designated as C2 with a Chord Bearing of North 32 deg 44 min 42 sec East (Chord Length 51.76 feet and Arc Length 51.84 feet) and a Radius of 262.00 feet to the point of BEGINNING.And for a further description, the property described herein is labeled on the KEE Plat as follows:

   UNOPENED ROAD
   REFERENCE PC B; PG 804
   PORTION OF PIN 9569-44-6625
   0.06 ACRES (2,827 SQ FT)

The above-described portion of right-of-way located on PIN: 9569-44-6625 to be closed will also be shown on a plat to be recorded in the Henderson County Registry if approved by City Council.

3. 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.
4. The City Clerk is hereby directed to publish this Resolution of Intent once a week for four successive weeks.
5. 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.
6. 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 the street 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 1st day of July 2021.

UNOPENED ROAD
REFERENCE PC: B PG: 80A
PORTION OF PIN: 9569-44-6625
0.06 ACRES (2,827 SQ.FT.)

We watched the meeting on Zoom and everything was approved.