A RESOLUTION TO CLOSE ACCESS, AS NECESSARY,
TO THE MARYLAND AVENUE EXTENSION
WHEREAS, the Town of Bethany Beach (“Town”) is the owner and holder of all right, title and interest to that certain land known as the Maryland
WHEREAS, although designated as a street, the Maryland Avenue
Extension has not historically operated as a public street and, absent a short distance of gravel, the land is covered by trees and other landscaping;
WHEREAS, the Council does not desire to and will not relinquish any of its right, title and interest to the Maryland Avenue Extension;
WHEREAS, the Council further desires to close the Maryland Avenue
Extension including, but not limited to, any gravel or partially graveled area of such land and desires to locate a historic dwelling and attendant parking area for such dwelling on a portion of the Maryland Avenue Extension. A drawing of the street to be closed is attached hereto as Exhibit A;
WHEREAS, Section 18 of the Charter of the Town of Bethany Beach (“Charter”) provides the Council with the authority to make the proposed closure by resolution with attendant notice and public hearing;
WHEREAS, the Town Council does not believe this procedure is necessary to change the use of the land it owns in fee simple, but has decided to follow such procedure in this instance out of an abundance of caution;
WHEREAS, the Council seeks to provide the notice and to schedule a public hearing as provided for in the Charter with respect to the proposed closure of the Maryland Avenue Extension;
WHEREAS, after hearing comments at the public hearing, the Council may at the public hearing or at a subsequent meeting thereafter adopt a resolution substantially in the form attached hereto as Exhibit B to proceed with the contemplated alteration to and closing of the Maryland Avenue Extension.
NOW THEREFORE, BE IT RESOLVED, THAT:
1. There shall be a public hearing at 1:00 p.m. on March 18, 2016, at Town Hall, 214 Garfield Parkway, Bethany Beach, DE at which time the Town Council will sit to hear comments and objections to the proposed closing of the Maryland Avenue Extension.
2. Council may, after hearing all comments, adopt a resolution to proceed with the contemplated closure of the Maryland Avenue Extension.
3. Town Council hereby directs the Town Manager to send notice, by certified mail, return receipt requested, to the owner(s) of the real estate through or over which the Maryland Avenue Extension may run in
accordance with Section 18.4 of the Charter.
Note: Copies of exhibits can be obtained by calling the Town Manager’s Office at 302-537-3771 and are posted on the Town’s website:
CP 20160219 1T