2019-16 Ordinance Regulating Encroachment on Public Right-of-Way in the City of Decatur, Macon County, Illinois U.S. 36 (Eldorado Street) from Fairview Avenue to Church Street

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*** Proof ofi Publication *** 40&63 NOTICE EXHIBIT D ORDINANCE NO.2019-16 ORDINANCE REGULATING ENCROACHMENT ON PUB- LIC RIGHT-OF-WAY IN THE CITY OF DECATUR, MACON GOUNTY, ILLINOIS U.S. 36 (ELDORADO STREET FROM FAIRVIEW AVENU� TO CHURCH STREET WHEREAS,the CITY OF DEC- ATUR hereinafter known as CITY, and the STRTE OF ILUNOIS, acting by and through its DEPARTMENT OF TRANSPORTATION have en- tered into an AGREEMENT relative to the improvement of FAP 323 (U.S. 36), State Section (13Z, 13Z-1)RS-3 from its intersection with Fairview Avenue (IL 48} east to its intersection wiih Church Street in Decatur;and, WHEREAS, in order to facili- tate said improvement, it is necessary for the CITY to adopt an ordinance regulating encroachment on the right-of- way for said improvement in accordance �vith the foilowi�g definitions; 1. Roadway right-of-way is defined as those areas existing or acquired by dedication or by fee simple for highway purpo- ses; aiso, the areas acquired by permanent easement and temporary easement during the time the easement is in effect. 2. Project right-of-way is de- fined as those areas within the project right-of-way lines estab- lished jointly by the CITY and the STATE which wiil be free of encroachments except as hereinafter defined; 3. Encroachment is defined as any buiiding, fence, sign (ex- cluding certain signs located over sidewaiks) or any other structure or object of any kind (with the exception of utilities and public road signs},which is piaced, located or maintained, m, on, under or over any portion af the project right-of- way or the roadway right-of- way where no project right-of- way Ime has been established; 4. Permissibie encroachment is defined as any existing awning, marquee or sign advertising activity on the property, or similar overhanging structure supported from a building immediately adjacent to the Iimits of the platted street where there is sidewalk ex- tending to the buiiding line and which does not impair the free and safe fiow of pedestrian traffic or traffic on the highway. The permissive retention of overhanging signs is not to construed as being applicable to those signs supported by poles constructed outside the project right-of-way line and not confined by adjacent buildings; 5. Construction easement area is defined as the area lying between the project right-of- way limits and the platted street limits within which the CITY OF DECATUR, by con- currence in the establishment ot the project right-of-way lines, wili permit the STATE to enter to perform ail necessary con- struction operations;and, WHEREAS, representatives of the CITY and the STATE, by visual inspection, cooperatively