2013-68 VACATING PUBLIC RIGHT-OF-WAY - NORTH EDGEWATER DRIVE

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Excerpts from Plan Commission Minutes of July 11, 2013: Cal. No. 13-38 Petition of ARCHER DANIELS M DLAND COMPANY to vacate the NORTH EDGEWATEIR DRIVE Right-of- Way. Ms. Suzy Stickle was sworn in by Mrs. Janet Poland. Ms. Stickle presented the recommendation of staff: The petitioner is requesting to vacate all of the North Edgewater Drive Right-of-Way (ROW) located South of East Parkway Drive. The Right-of-Way to be vacated is approximate) 15, 557 square feet in area. The northernmost approximately one-third of the ROW has an improved concrete surface. The petitioner owns property on the south side of the ROW. The vacation will enable the petitioner to control the ROW and utilize the area as part of their property and driveway. North Edgewater Drive currently serves as the sole access to the DM intermodal yard. The current configuration of the ROW does not allow for traffic to turn around without entering ADM's property. The vacation of the ROW would allow ADM to use North Edgewater Drive as the driveway to the intermodal yard and discourage the use of their property as a turnaround for the other traffic. If it is determined at a later date that a gate should be constructed on the North Edgewater Drive ROW, a knox box allowing for emergency vehicle access will be required to be installed. The petitioner owns the property on the south side of the ROW to be vacated. The other adjacent property owners have been notified of the proposed vacation and no objections have been expressed. Letters were sent to AmerenlP, Comcast Communications, and AT&T notifying the utility companies of the vacation request and no objections to the proposed right-of-way vacatioii were expressed. All easements will be maintained. An appraisal was commissioned for the approximately 15,557 square foot Right-of-Way with a market value of $6,700.00. A second appraisal was commissioned with a market vale of$9,300.00. The petitioner will pay the City of Decatur $8,000.00 to vacate the North Edgewater Drive Right-of-Way. The formal vacation of this ROW does not appear that it will have an adversc affect on the general public. Staff recommends approval of the Right-of-Way vacation with the following conditions: a. All easements shall be maintained. b. If a gate is installed across the Right-of-Way, a knox box shall be installed to allow emergency vehicle access. The Administrative Policy of the City of Decatur requires that property vacation requests 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 13-38 to the City Council with a recommendation for approval is suggested. Mr. Matt Dial asked if the money that is paid to the City goes into the General I und. Ms. Stickle said yes. There were no objectors present. It was moved and seconded (Harris/Peck) to forward Calendar No. 13-38 to the City Council with recommendation for approval as submitted. Motion carried unanimously.