I Page 2-A?THE BRUNSWICK BEACOl ATTORNEY RENDERS Sunset St Rights Bei BY BIIXMCGOWAN A small, but highly valuable strip of Sunset Beach sand, which has been the subject of controversy for over a decade, does not belong to the town, according to the opinion of its attorney. Members of the Sunset Beach Taxpayers Association, however, disagree and have indicated the matter could end up in litigation, depending upon action, or the lack of it, by members of town council. The legal opinion, offered Aug. 2 by town attorney Michael R. Isenbcrg, states that the property located im...o/linlnlo ??? iiivuiom-ij wiov vi uic oumci wcav.ii Fishing Pier (recorded as lot 1-A) i iias been properly withdrawn from dedication and that the town "has no rights in it." The land is listed in the name of Beach Enterprises. Suaset Beach Mayor Pro tern Ed Gore is president of the company. He claims the town gave the land back in 1970. Council requested that its attorney render an opinion following receipt of a July 15 letter from John G. McCarthy and Minnie Hunt of the Sunset Beach Property Owners Association. The letter urges council to use the property for public parking and beach access. "Since it is already platted and dedicated to public use," the letter states, "there would be no cost in acquiring the property at the present time. "Some years back, some Individual placed a fence and wire around that dedicated piece of property," the letter continues. "We have noted that on recent maps of the area, it is listed as Ix>t 1-A, as a lot d suitable for development, and is n presently listed as being owned by o Beach Enterprises. It is our opinion a that this is public beach property that tt ought to now be utilized by the town ol for the public purposes and benefits to which it was originally intended." v( According to Attorney Isenberg's ci interpretation, however, the proper- M ly is no longer eligible for "public" ci status, as all rights have reverted to 1, Utc original owner. laenbcrg quoted from utile hUiUiU- . o Because the town never accepted v dedication of the land, he wrote, and p because the land was never "actually F opened and used by the public within tl 15 years," the property "shall be Ji thereby conclusively presumed to a have been abandoned by the public." n Aliandoiuncnt by the public, he add- q ed, would be presumed only If the property has been withdrawn from tl dedication. n Ttie original map of Sunset Beach recorded by the developer In the late s 1950s showed Sunset Boulevard runn- b ing south to the Atlantic Ocean, c Iscnberg wrote. Tito developer made c Subdivision < For Water Li Brttnchwoori Buy, ? development * on N.C. 179 invar (Wiiii 1?1?> RmaK t became She first In the county Mon- ? (lay to qualify far participation in a 1 county water line extension pro- F gram a Following u brief public hearing, t couunlsxlonors voted to certify the o subdivision us eligible so long as the l developer abides by the policies In the bill. t The program allows the county to 1 collect from property owners their ) share of the cost of a water line installation and then reimburse the party that advanced the money for 1 the installation By statute, the pro- I gram is available only to existing i subdivisions, not new ones in which I the developer continues to have a I responsibility. In new subdivisions I the developer must install all water distribution lines. ! More than the required 75 percent I of all Branchwood Bay property owners have petitioned the county for ! the program. In fact, the figure runs i about SO percent, commissioners l HOW TO SUB TUP RD1IMCU/U a. vnuwnn rost o?net iox SHAiiorn NCMTNC for Aworrf Wliwlno MMIAl SMKXmOH kATO it MAI n In Inmwxli County !!? ?*? In North Corolino OuttMto North Corolino | Noma | Aitdrott Q City. Slot* I **' M, Thursday, August 8, 1985 OPINION: rip' Owne long To D< an offer of dedication which the tow could accept within 15 years. "Since 15 years have elapsed sine the offer of dedication, and since tl town has never accepted and opene the road for public use, the develop< has the statutory right to withdra the dedication pursuant to G.i 136-96." Isenherg cited the U.S. Suprerr Court decision concerning Osbourr vs. Town of North Wilkesboro, whic states the following: "The municipal authorities may < may not accept the dedication i their election. If they improve tl streets and open them to public usi acceptance is conclusively presun ea. However, lr ine municipality for period of 15 yean? or more fails to in prove and open to public use a stre< Dr alley shown on the developer' map, the owner may file and record declaration withdrawing the stre< and alley from dedication. By failur to develop or use, the municipalitiei rights tu insist on the dedication i lost... If the authorities for th statutory period fail to use th dedicated strip, the right to use i destroyed by a withdrawal." Isenberg added, however, tliat th own would have the right to opei ind use the street after more than 1 rears has elapsed as long as it is don >efore the developer records i lcclaration of withdrawal in thi drunswick County Registry. Withdrawal documents were file? Jov. 2, 1970 in the office of the Iruaswick County Register of Deeds igncd by former Sunset Bead layor Winifred Wood and formei jwh attorney Mason Anderson, the eclaration states that the town "forsally rejects and does not accept the J?if?? -t it_4 ?' i ci ui ucuicHiiun ui nun portion, tid "...furUicr renounces any claim lat ii may have regarding said part ' Sunset Boulevard." The withdrawal resulted In con;yance of the property to Counlman Gore's father and mother, I.C. and Mina Gore, and the family irporation, Sunset Beach Twin ukes, Inc. Also on file at the register of deed: ttlcc is another declaration o vithdraival which conveys the pro icrty back to M.C. Gore and his wife 'lied one month later on Dec. 5,1970 lie document states that the town re tctcd its claim to the land and hai greed that the state Highway Com lission had not accepted the area ir uestion. Town council members dealt wltl u- Issue Just over a year ago, bui ever laid the matter to rest. At a meeting June 4, 1964, whlh coking a solution to parking pro lems in the beach community, coun il members ran headlong into th< ontroversy following Gore's offer ti Ileared r?l ne nan cere told by John Williams. He is tlx hird party or developer who ha; igreed to pay up front the difference 11 the advance money paid by mos iroperty owners and the cost of tlx ictual installation. Once the count; ollects from the remaining propert; iwnrrs. Williams will be reimburse! lis costs by tl>e county. ' There's a crying need for it arx here is no opposition to it of whtel 'm aware," he said of the water pro ret The local statute. House Bill OS hat provides for the third-part reimbursement by the county als illows it to charge up to 10 percent c he cost of installation as a fee fo handling the assessments and collet ions. Rut Williams suggested to commidoners that the percentage is to tigh "That would be ?4.000 to $6,000," h said. "In my opinion, that's high. W sill only have a few who need to b tssessed " anaiwwaBMaaaaaBHi SCRIBE TO 'iiwuLnvvii o '.AKXMA N?wi Cov#rog? li Jr. OBm* D 3.33 C 3 14 Q 7 31 DS.B 10 00 * 00 ?MnU?w A rship zveioper m develop some of his property on the west end of the island for a parking x lot. ie Much of the discussion was promp:d ted by a letter from developer A1 ir Odom, which suggested the extension w of Sunset Boulevard as an ideal spot S. for public parking and access. "Wouldn't it make more sense to ie spend tax money towards the use of a ie piece of property that is probably :h already owned by the town, that would be far less expensive to >r prepare, and be easier to police and it maintain?" Odom questioned. i o Thon.Movnr Crfinole V onnv iv t nvii'txa/vt a' id nvio j\auv/j , ?, however, reminded council that the v land was given back to the Gore a family in November 1970. She told > them a resolution had been passed by >t town council at that time which res jected its claim on the land. a "As far as I know, the town relin:t quished its rights to what claims it e had on the property," Kanoy said at i' the June 1974 meeting. She said there s had been no further aciion iaken on e the matter by the board since 1970. e Also at the June 1974 meeting, Gore s said it was a "myth" and "recurring innuendo started by people of supe posedly good integrity" which a started discussion as to whether or 5 not the town had an actual claim on s the property. i Property Owners Association ? President McCarthy, meantime, stills says he isn't buying the town's I position. He feels the property is : public and that a restraining order should be obtained if necessary to *i prevent its use by Beach Enter prises. i McCarthy said Tuesday morning that once the property was "platted i for public use" it was no longer up to town council to decide UDon accen ting or rejecting the dedication. () He said former-Mayor Kanoy had obtained a restraining order at one time to prevent building on the land, e adding that his group may consider r such action in the future. "That's a million dollars worth of property out there," McCarthy said. sl "It's not going to be given up easily." ** I Minnie Hunt, also u member of the a I taxpayer* association, said her * - group will "see what action council takes before deciding what we will , do." She told The Beacon Tuesday morI ning that a Durham attorney, who is also a member of the association, i believes the land is still public. James B. Maxwell, an attorney i with Maxwell, Freeman and Beason t of Durham, has been offering the group legal council. Hunt said. > She said the association stands firm in the belief the land was used by the public between the time its ; was platted in the 1950s and the time > the withdrawal was filed in 1970. Because of that fact. Hunt said, ownership should remain with the town. Sunset Beach Town Council incorporated its July and August meetings July 15. As a result, the regular August meeting, originally scheduled for Monday night, was not held. 1 Isenberg's opinion will be 5 presented to council members at their next tegular meeting. Ready To Serve ^ You Now! fYs.^ccY Trained and experienced in equipment and hydraulic > repairs (trucks, bulldozers >' looders draglines, etc.) J Complete rood service with fully equipped trucks Beck's Equipment Service i- Doy 919 642-6902 o Night 919 653-2969 THE BRINSWICKAKACON e Established Nov, 1. 1962 Telephone 754-6890 Publi?H*d F verv TKnrerUw At Main Str**t Shollott*. N. C. 28459 SUBSCKIPTtON RATCS M MVMSWKX COUNTY On* Y*or $5 23 St* Month* S3.14 I iUIWMM M NOCTN CAROLINA | On* Yaar $7.32 I SI* Month* $4.16 tumttttf m u.t.A. On* Y*or $10.00 St* Month* $6 00 I Second clo** pottos* potd ot th* Po*t OHic? in Shollott* | | N C. 28459 USI*S 777 780. ;.U ; . sr^-. ' _ . f. "^ v -'Vjv x. , - ~ " ,rw* -v.:' - . ?' yr t ] - X ? . COASTAL AREA Management offic morning that nine lots cleared on the of Holden Beach have been "rcstor West End (Continued From Page 1 Powell Bill funds are allocated b; towns maintain substandard roads ai to become part of the town's street leading to the west end would have minimum standards of the town and base of marl. Even then, Buck said, the owners quest that the town take over the stre purposes. Even if the owners decide themselves, they could still mainta road, he said. The town does have the right tc power down there, the same as any added. Guards manned the blockade last v 9 p.m. seven days a week for what Fc Peddling C (Continued From Page 1-A) Ms. Bryant said the ordinance does specifically prohibit peddling" and iat people that have not been licensd to sell "are the ones this ordinance egulates." 1/ewis said that prior to July 17 his lient had contacted Mason Ander >n, a Shallotte attorney and former >wn attorney for Ocean Isle, to get n Interpretation of the ordinance. kndcrson, who wrote the town's pedA Man Ne He Stoop ANNUAL CHIC FRIDAY, i Q. SHRINE CRIPPLED < Tickets available rAU m?i c i ii> r ?i J. M. Porker A Sons, Sop Kepp'i Qvick Stop, BoBvfa Woodrow Rose Service Sti SHI --., &0iWi : - '" \*~t1 >v* ' * -r. >V- *-.. *' - >** ' ^*s ' . -2 ials ruled Tuesday tlon." Local CAM ;camcuic ncaicuu umu luesaay a ed to our satisfac- bedroom homes o Of Holden Bea< l-A) ed "a breaking i Y the state to help everyone used to I id streets. In order Whitley said he , system, the road Thursday with pe< to be improved to the beach, topped with a sub- "It's slowed do days there were b would have to re- For the mome et for maintenance families are havin to pave the street til there's a bette in it as a private tand it's going to b shack, the whole \ i "exercise police But for those wb where else," Buck end property own< two ways to reach .eek from 7 a.m. to "They can walk irrest Whitley call- said. Ordinance Argue dling ordinance, then advised Ballou thai if the company took orders before selling goods, then they were not in violation of the town ordinance, Lewis said. Ms. Walrath testified Monday that she did take orders from the workers at each construction site where the truck makes its regular stops prior to delivering the goods the next day. Lewis also argued Monday that at Ocean Ittlc, newspaper vending }ver Stood So ToI s To Help A Cripf Mm A II A mm a AUfe. 7, II A. V" Alt PROCEI CHILDREN'S HOSPITALS - ? ? - ? w w?-www W w?a am w i from any Shriner or c Service, Supply Tripp's Je ply HoWen B< i ABC Stor? ition, SbeHotte Beedi Tra A m p ~ 11 -rj?j ??? :^r<-^:-.,r -$ W ^ H. _*" _~" -' ~:j \ - -W ri - . STAFF PMOTO BY TtWY POPC A applications were filed through the ftemoon to construct nine, threen the lots. :h Closed n period. Right now, we're getting the idea," the guard stated, turned away from 15 to 20 cars last >p!e seeking access to the west end of wn now," he added. "The first few unches." nt, west end residents and rental g to give the guard their names, "unr system," Whitley said. "I underse a private development with a guard vorks." lose names are not on the list of west :rs or rental families, there remains the west end. the beach, or go by boat," Whitley d In Court machines and outdoor soft drink vending machines would be in violation of the ordinance since they are "movabie recepticies" ana are not permanent structures. Gurganus said it was "possible" that newspaper vending machines were in violation of the ordinance, but that drinK machines were attached to the buildings by electrical cords and therefore not in violation of the ordinance. > J -? f ' ' -.irj: I As When iled Child UNSWICK SHRINERS FRY M. UNTIL $3.00 >ER PERSON olivia olden Beach >uthport lallotte >ng Beach ;land cean Isle Beach 1 EDS GO TO SUPPORT I AND BURN CENTfRS I it these locations: wdry Store, ShoHotte >odi itahy, Ho Won Boodi Long Beadi dors Roatty, Ocmr l?le I 1

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