Title
Resolution of City Council of its Intent to Close an Unimproved Portion of S. 23rd Street in the City of Wilmington, North Carolina (SC-1-424)
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LEGISLATIVE INTENT/PURPOSE:
WHEREAS, the City Attorney and appropriate members of City staff have investigated the sufficiency of the requested street closure; and,
WHEREAS, the City’s Planning Commission has reviewed and has forwarded its recommendation on the closing; and,
WHEREAS, City Council is of the opinion that all of the described 113 feet in length unimproved portion of S. 23rd Street located south of Gibson Avenue in the City of Wilmington, North Carolina, should be closed, and the closing of the same is in the public interest, all in accordance with Section 16.1 of the City Charter and N.C.G.S. 160A-299.
NOW, THEREFORE, BE IT RESOLVED:
SECTION 1. City Council intends to close the described unimproved portion of the S. 23rd Street right-of-way in the City of Wilmington, said street being more particularly described as follows:
PROPERTY DESCRIPTION OF THAT PORTION OF THE PUBLIC RIGHT-OF-WAY OF SOUTH 23rd STREET ON THE SOUTH SIDE OF GIBSON AVENUE PROPOSED TO BE CLOSED. IN NEW HANOVER COUNTY, NORTH CAROLINA.
COMMENCING AT AN EXISTING IRON PIPE IN THE SOUTHERN RIGHT-OF-WAY OF 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.
SECTION 2. City Council will hear all persons on the question of whether or not the closing would be detrimental to the public interest or the property rights of any individual at a public hearing to be held on the 17th day of September 2024, at 6:30 p.m. in City Council Chambers, City Hall, Third and Princess Streets, Wilmington, North Carolina.
SECTION 3. The City Clerk is hereby directed to cause this resolution to be published once a week four successive weeks prior to the scheduled hearing.
SECTION 4. The City Clerk is further directed to send by registered mail or certified mail a copy of this resolution to all owners of property adjoining the street or portion thereof described above as reflected by the tax records of New Hanover County, and to post or to have posted in at least two (2) prominent places along said street or portion thereof a notice of the proposed closing and said hearing.