Segment of Birch Street determined in 2021 to not be a public right of way

Posted on January 12, 2024

City staff have received notification that a property owner will be placing bollards at the entrances to his property to protect the property from reoccurring illegal dumping. One of his property entrances is in the 700 block of W. First Street, with another entrance at Birch Street and Potts Street. These two entrances created an illegitimate extension of Birch Street, often used as a cut-thru from W. First Street to the neighborhood behind the property owner.

City staff retrieved documents that showed that on August 9, 2010, the then-property owner notified the then-City Council that he would be closing access to the property. The then-City Attorney researched the history of the segment on Birch Street that was in question. At the October 11, 2010, meeting, the then-City Attorney stated that a resolution was made in the 1980s that the portion of Birch Street in question is not a dedicated street. No formal action was taken after the October 11, 2010 meeting.

On January 12, 2021, this matter was presented to the Lowell City Council for information purposes after the City Attorney for the City of Lowell, Gaston County staff, and the City of Lowell staff researched the validity of the segment of Birch Street that passes through PID #127730 and determined it was never, in fact, a legitimate public right of way. City staff removed the Birch Street road sign located on W. First Street and on Wednesday, March 3, 2021, a letter was sent to the Gaston County Tax Mapping Department requesting them to update their records and remove this portion of Birch Street from the Gaston County GIS website. In 2022, the property owner split the property. The new parcel numbers are 306362 and 306363.

August 9, 2010 City Council Minutes

October 11, 2010 City Council Minutes

March 3, 2021 Letter To Gaston County – Birch Street Segment Removal from Gaston County GIS

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