2013-74 VACATING PUBLIC WALKWAY RIGHT-OF-WAY - SOUTHMORELAND PLACE

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Excerpts from Plan Commission Minutes of August 1,2013: Cal.No. 13-43 Petition of DONALD E. &DELORE A. COVENTRY AND CARLOS G. FIOR to vacate the Walkway Right-of- Way in the 200 BLOCK of SOUTHM RELAND PLACE. Mrs. Susie Peck stated she would recuse herself from this item as she and her hu band own a home in Southmoreland Place. Ms. Suzy Stickle was sworn in by Mrs. Janet Poland. Ms. Stickle presented the recommendation of staff: The petitioners have filed the request to vacate the walkway Right-of-Way (ROW) in the 200 Block of Southmoreland Place after they and the Homeowner's Association were notified byte City that the locked access gate that was placed over the sidewalk was not allowed as it was Public Right-of-Way. The City was notified of this gate by a citizen who uses the walkway/sidewalk. The gate w is to be removed or a petition was to be filed to vacate the walkway ROW. If the petition is approved by the City Council the gate will be able to remain in place, if the petition is denied, the gate will have to be removed. The petitioners are requesting to vacate the ten (10) foot walkway ROW located in the 200 Block of Southmoreland Place. The Right-of-Way to be vacated is approximately 1,649 square feet in area. The petitioner's own all the property adjacent to the ROW. The entire walkway ROW to be vacated is improved with a concrete sidewalk. The vacation will enable the petitioner's to have control of the walkway making it part of their property. The property owners wish to take control of the walkway because they feel as tho igh the neighborhood will be made safer if there is controlled access at this point. The petitioners have support of the Southmoreland Place Homeowner's Association to vacate the walkway ROW. If vacated, the gate that is in place will be able to be closed and the petitioner's and neighborhood can have controlled access through the gate. Letters were sent to Ameren Illinois, Comcast Communications, and AT&T notifying the utility companies of the vacation request and no objections to the proposed Right-of-Way vacation were expressed. An appraisal was commissioned for the approximately 1,649 square foot Right-of-Way with a market value of$415.00. The petitioner's will pay the City of Decatur $415.00 to vacate the walkway Right-of-Way in the 200 Block of Southmoreland Place. The formal vacation of this walkway ROW does not appear that it will have an adverse affect on the general public. Staff recommends approval of the walkway Right-of-Way vacation. The Administrative Policy of the City of Decatur requires that property vacation re uests be submitted to the Plan Commission for a public hearing. Although a Plan Commission recommendation is not required, a motion to forward the vacation request of Calendar Number 13-43 to the City Council with a recommendation for approval is suggested. Mr. Kent Newton asked if there were any police reports that indicate the perpetra ors are accessing the neighborhood through this Right-of Way. Ms. Stickle said the Technical Review Committee does not have a Police Department representative and staff did not ask for any police reports. Staffs recommendation was not based on safety issues. Mr. Terry Smith asked if the vacation will occur only for the gated area or does it include the whole sidewalk through Southmoreland. Ms. Stickle said it includes the sidewalk starting at the steps that goes into Southmoreland,the rest of the sidewalks in Southmoreland are not included.