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

Home Browse Search

DEVELOPMENT SERVICES MEMORANDUM No. 13-65 August 28, 2013 TO: Honorable Mayor Michael T. McElroy and City Council FROM: Ryan P. McCrady, City Manager Billy Tyus, Assistant City Manager Suzan M. Stickle, Senior Planner SUBJECT: Walkway Right-of-Way Vacation 200 Block Southmoreland Place SUMMARY RECOMMENDATION: Staff recommends approval of the walkway Right-of- Way vacation. The City Plan Commission voted 9-0 to recommend approval of this petition at the August 1, 2013 meeting; the minutes of the meeting are attached. BACKGROUND: The petitioners have filed the request to vacate the ten (10) foot walkway Right-of-Way (ROW) in the 200 Block of Southmoreland Place after they and the Homeowner's Association were notified by the City that the locked access gate that was placed over the sidewalk was not allowed as it was Public Right-of-Way. Very generally, the sidewalk begins at the intersection of Lake Shore Drive and Lost Bridge Road and enters tile Southmoreland subdivision. If the petition is approved the gate will be able to remain in place and controlled access allowed. If the petition is denied, the gate will have to be removed. 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 walkway ROW to be vacated is improved with a concrete sidewalk. The vacation will enable the petitioner's to have control of the walkway ma 'ng it part of their property. The property owners wish to take control of the walkway because they feel as though the neighborhood and their property 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. There has been both oral and written objection raised by Steven and Norma Morrison, whose letter of objection is attached. 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 Ri ht-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.