TC 2004 - Laserfiche WebLink

Home Browse Search

~5 First on the agenda was lolloway Engineea-ing representing Jcff Cave and'1'. Ferguson wiCh a request to vacate a section of Old Highway 67. This Public Hearing had been advertised and notices senC in a timely manner. Mr. Holloway handed the council a map showing properties surrounding this section. He told the council this did not get into the pavement that accesses Poe's Cafeteria. Councilman Bryant asked Ross Holloway who owned this section. Mr. Holloway said right now he would have Co say the Town of Mooresville- Councilman Bryant asked if the size was 50 :foot wide by 189 to l95 feet wide depending which side of the section you are on. Ross Holloway said this was actually a dedicated right of way of streets, so it is not property in the sense it is .usable for anything. Under state law when a right of way is vacated iC goes back to the property from whence it came out of. If the Town of Mooresville, for instance, wanted to continue to use it as a midway they certainly could. But if not used as a roadway it would have to revert to adjoining property owner unless the Town had actually gotten a deed for it which was not the case. This actually goes back to the 193U's and in those days they did not buy the right of way per say but they got an easement with not title like it is now. Councilman Bryant said. so is what you are saying we really do not know who owns this section? Ross Holloway said nobody knows where the title is. The Town of Mooresville has a vested interest in the public right of way because it is a road. Mr. Holloway said the east line of Poe's goes right down. through the cents- r of the right of way and the right of way was originally 1 UU feet wide, fifty feet on each side of the center line. At some time there had to be a vacation so Poe's could get that fifty feet. Why the entire right of way wasn't vacated he does not know. No one at the County Auditor's office knows either. Mr. Holloway said Mr_ Cave had purchased all of the property adjoining this section except Poe's who already owned their half of the right of way. There is an existitlg building that encroaches out in the right of way which sCarted this whole vacation process. Large portions of this section are already fenced. Mr. Holloway said the law says you cannot claim adverse possession against the Town. In essence this is the only mechanism available for them to obtain this property. Council President Warthen asked how Ross determined this property was the Town's to vacate.lVlr. Holloway answered because it is inside the corporate limits of Town of Mooresville. Mr_ Holloway said from this line on the map south had already been vacated in the past. Now when something is vacated it is entered in the. County Auditor's office in the plat books and shows an instrument number. Mr. Cave owns this portion of the right of way now and it is entered in the plat book, but doesn't own this section being discussed tonight. Councilman Warthen asked if the section is vacated would it be a separate parcel of land to 1Vlr. Cave. Mr. Holloway answered yes. He will start paying taxes on this property. Councilman Bryant said it this section belongs to the Town then he thought it would be the Town's property to sell not to give away. I-le did not think the council had the right to vacate this section if it was not the property of the Town. Mr- Holloway said the difference is the Town did not buy this property and you do not have a deed. In the 1.930's this was either donated ground or an easement was purchased and a record of this is not shown anywhere. When. the Town moved the town limits out they automatically took over all the roads within the 'Town limits. If you had boughC this property and had. a deed for it the Town could sell it, but it wasn't acquired that way. Mr. Cave cannot sue the Town to get this section and he could not do adverse possession to get it so the only way is to vacate this section. Councilman Clark said thaC property is no good Co anyone except Mr_ Cave. Councilman Warthen asked how the Cave's were entering into their property at the present time. Mr. Holloway answered they are using this road now. There were no comments from the floor. Councilzrtan Bryant said he still did not understand how a piece of ground of this size could not have a claim of ownership because the Town did not have any records showing this was donated to the Town. Ross I~olloway said there is not a deed for who owns the alleys and back in the 1930's they did not track easements. Councilman Warthen asked if the streets in the Hopkins Grafton development would be to the Town's specifications and if they would be dedicated to the Town. Mr. Holloway said yes the Town would have a Deed of Dedication. But in the past they did. not do this. In all the newer subdivisions once the streets have met all the Town's standards and the bonding has bee-~ zxzet the Town gets a Deed of Dedication to sign and the grantor signs and then it is recorded. A motion was made by Councilman Clark and a second by Councilman Dolen to approve the vacation of Chis section. Motion carried 4-l with Councilman Bryant opposed. Next on the; agenda was Ross 1":lolloway representing Hopkins-Craiton for a rezone from Agz7culCure to PUD-E for property on Bridge Street. Ross Holloway told the council this rezone was recommended to the Town Council with a unanimous approval. from the Plan Comnussion. The property consists of 62.8 acres plus eight acres of three out lots for