2019-47 Ordinance Vacating Public Rights-of-Way in the 230 - 399 Blocks of East Marietta Street and to Vacate the Alley Right-of-Way Between the 1000 Blocks of North Warren Street and North Water Street

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STAFF ANALYSIS The subject street right-of-way has a width of 60-feet and has a length of 440-feet, with a total of 26,400-square feet. The subject alleyway has a width of 16-feet and has a length of 80-feet,with a total af 1,280-square feet. The petitioner as weli as DMCOC awns the property on bath sides of the street and alleyway to be vacated. Letters were sent to Ameren, Camcast Cornmunications, and AT&T notifying the utility companies af the vacatian proposai and no objections to the proposed right-of-way vacations were expressed. According to Paragraph 2.2.2 of the Admirustrative Policy & Procedure Manual: "All property awners with land abutting a piece of praperty which is under consideration for vacatian shall be served proper notice prior to City CQuncil action on the request," The three abutting property awners have been notified regarding the vacations. In accordance with Paragraph 2.2.3 of the same manual, "Compensation shall be required, based upon an approved recent appraisal at the expense af the petitioner, whenever land comes out of public trust by vacation or disposition."However, since the City is a partner for this redevelopnnent project and the subject vacations are being praposed by the City as awners of those parcels, an appraisal of the effected parcels shauld nat be warranted. The subject right-of-way and alleyway are no longer necessary to serve the general public. The subject alleyway if vacated,would continue from the eastern end of a previously vacated a.11eyway all the way to Narth Warren Street. Staff is of the opinion that these vacations will nat have an adverse effect on the general public. The best interests of the City of Decatur would be served by approving the praposed right-of-way and alleyway vacatians to allow the propased extension of the Cammunity Care Campus project. STAFF RECOMMENL?ATION Staff recommends appraval of the street and alley vacations with the follawing conditians: 1. A blanket easement far the vacated alleyway between East Candit Street and East Qrchard Street, west af North Warren Street, shall be maintained for utilities as long as the City's sanitary sewer is there. 2. A blanket easement far East Marietta Street, east of North Water Street and west af North Warren Street, shall be maintained for utilities as long as the City's utilities are there. 3. The future property owners shall be responsible for maintaining all utiiity easements within or relocating all utilities from vacated public rights-of-way per the associated sales agreement between the City and Crossing Healthcare. PLAN COMMISSION ACTION The Administrative Policy and Procedure Manual of the City of Decatur requires that property vacatian requests be submitted ta the Plan Commission for a public hearing. Although a Plan Commission recommendation is not required, a motian to forward the vacation request to the City Council with a recommendation far City Council's consideration is suggested. Joseiyn A. Stewart Transportation Planner