2021-11 Ordinance Vacating Public Right-of-Way North Mercer Street located North of West Eldorado Street

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OBJECTION TO REQUEST FOR MERCER STREET VACATION To: Sent via email to: Gcrowe(a,decaturil.gov Mr. Greg Crowe,AICP Planning&Development Manager City of Decatur Gary K. Anderson Decatur, Illinois 62523 RE: Decatur City Plan Commission Case No.20-42 (Vacation of Mercer Street ROW north of W. Eldorado Street) Respondent, Eldorado Investments, Inc., owns the real estate that abuts the east side of the Mercer Street ROW north of West Eldorado Street in the City of Decatur. The public right away of Mercer Street has existed since the platting of Respondent's parcel. Respondent uses the Mercer Street right of way on a daily basis for truck and other vehicle access to the west side and rear of its building. The vacating of Mercer Street will have an adverse impact to Respondent's parcel,unless adequate protections are created to protect the current use of the parcel. In more specific respects Respondent states as follows: A. Respondent has no objection to the street vacation, itself. B. Respondent has no objection to the finding that$10,000 is the fair market value of the Mercer Street ROW as vacated. C. Respondent objects to the entire vacated parcel being conveyed to the Petitioner. Rather,the east 30 feet of the vacated street should be conveyed to Respondent upon payment of one half the total value,namely, $5,000. D. For more than fifty years, Respondent and its predecessors in interest have operated businesses from the building located on its parcel. To have adequate access to its property there is a curb cut(on the southwest corner of its parcel)that allows free and smooth egress from the front parking area of its building,to and through Mercer Street, and then back on to West Eldorado Street. The redevelopment plan submitted by the Petitioner requires the elimination of that egress curb cut. That plan will result in a direct restriction of the traffic flow on and through the front of Respondent's property, and is a taking in eminent domain. This taking will result in a substantial diminution in the current value of Respondent's property. E. Since the platting of S. K. Thompson's Subdivision to the City of Decatur,the Respondent and its predecessors in interest have had public access to the west side of Respondent's parcel. Conveying the vacated street to the Petitioner places the right of way in private hands without any assurance that Respondent may continue to use the right of way.