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STATE OF NORTH CAROLINA
CITY OF WILMINGTON
ORDER
IN THE MATTER OF CLOSING AN UNIMPROVED, PORTION OF THE SOUTH 23RD STREET RIGHT-OF-WAY LOCATED SOUTH OF GIBSON AVENUE.
(SC-1-424)
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It appearing to the City Council of the City of Wilmington that a Resolution of Intent to Close an unimproved portion of South 23rd Street right-of-way of the City of Wilmington, North Carolina, located south of Gibson Avenue, and more particularly described below, was adopted on the 6th day of August, 2024; and it further appearing that said resolution called for a public hearing to be held on the 17th day of September 2024, at which time all persons would 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 it further appearing that notice of the intent to close the street and said hearing was published in the Wilmington Star-News Newspaper, the street was properly posted, and copies of the Resolution of Intent were mailed to all required adjoining property owners, all in accordance with Section 16.1 of the City Charter and N.C.G.S. §160A-299; and the City Council finds as a fact that all persons were heard on the question of whether or not the closing would be detrimental to the public interest, or the property rights of any individual.
Based upon the foregoing, the City Council further finds as a fact, is of the opinion, and therefore concludes: that said public right-of-way in the City of Wilmington should be closed and removed from dedication; that the closing of same is in the public interest; and that no individuals owning property in the vicinity of the said street more particularly described below or in the subdivision in which it is located would thereby be deprived of reasonable means of ingress and egress to this property.
NOW, THEREFORE, IT IS ORDERED AND DECREED that the following described street be and the same is hereby closed and removed from dedication:
Commencing at an existing iron pipe in the southern right-of-way Gibson Place (50’ wide public right-of-way), the northwestern corner of the Amanda Briese property, Deed Book 6309, Page 1650, Lots 5 and 6 of Carolina Place, Block 1, map found in Deed Book 48, Page 180, thence with the southern right-of-way of said Gibson Avenue, and the northern line of the Mary and Jimmy Batson property, Deed Book 4355, Page 521, Lots 6, 7 and 8, Carolina Place, Block 1, map found in Deed Book 48, Page 180, north 84°32’19” west, 98.94 feet to a new rebar (set) in the eastern right-of-way of South 23rd Street, (50’ wide public right-of-way, unimproved), the true point of beginning, (POB); thence with the eastern right-of-way of said South 23rd Street, south 05°27’00” east, 113.00 feet to a new rebar (set), the southwestern corner of said Lot 8, in the northern line of a 10’ wide alley, unimproved, the northern line of the MIMG CLXIII Forest Hills Sub, LLC and the Van Buren Properties, LLC, tract, Deed Book 6374, Page 1289, Map Book 32, Page 250 and Map Book 9, Page 3, thence with the northern line of said tract, south 84°33’00” west, 50.11 feet to a new rebar (set) in the eastern line of the Letita Wisecup and Traci Duerr property, Deed Book 6123, Page 1536, thence with the eastern line of said property, north 04°58’01” west, 113.00 feet to an existing nail in the southern right-of-way of Gibson Avenue, (50’ wide public right-of-way), thence with said right-of-way, north 84°32’54” east, 49.16 feet to a new rebar (set), the true point of beginning, (POB). The described tract has a calculated area of 5,608 square feet, all bearings are referenced to the map for Carolina Place, Block 1, found in Deed Book 48, Page 180, all distances are horizontal ground distances.
SUBJECT TO THE FOLLOWING EASEMENT RESERVATION:
A PUBLIC DRAINAGE EASEMENT FOR INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT AND/OR UPGRADE OF DRAINAGE FACILITIES AND IMPROVEMENTS OVER THE ENTIRETY OF THE TRACT.
It is further ORDERED that this Order shall be effective from and after its adoption and recordation of a certified copy in the Office of the Register of Deeds of New Hanover County, North Carolina.