2012-91 VACATING PUBLIC RIGHT-OF-WAY - 1600 BLOCK WEST PERSHING ROAD

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Excerpts from Plan Commission Minutes of November 1, 2012: Cal. No. 12-30 Petition of JOSEPH M. AND RACHEL A. BANNING to vacate the right-of-way located in the 1600 Block of West Pershing Road. (Tabled) It was moved and seconded (Frantz/Dial) to remove Calendar No. 12-30 from the table. Motion carried unanimously. Ms. Suzy Stickle was sworn in by Mrs. Janet Poland. Ms. Stickle presented the recommendation of staff: The petitioner is requesting to vacate the Right-of-Way in the 1600 Block of West Pershing Road. The area of the proposed vacation is approximately 0.56 acres. The petitioner owns property to the north and south of the Right-of-Way. The vacation will enable the petitioner to utilize the area as part of their property in order to construct a detached garage. This item was heard by the Plan Commission at the September 2012 meeting and was tabled. At the October 2012 meeting, Staff requested the item remain tabled. The petitioner has notified all adjacent properties to the ROW and no objections have been expressed. Letters were sent to AmerenIP, Comcast Communications, and AT&T notifying the utility companies of the vacation request and all agreed to the proposed ROW vacation. An appraisal was conducted that determined the proposed Right-of-Way to be vacated has a market value of $2,500.00. The City has requested a forty (40) foot Right-of-Way be granted along the southern and western property lines. Therefore, the City will require no payment for the vacation. The City will be vacating approximately 0.56 acres of ROW and the petitioners will be granting approximately 0.54 acres of ROW. A forty (40) foot Right-of-Way will be required to access the two (2) parcels to the west. This ROW will begin at the Western ROW line of North Norwood Avenue and proceed West along the petitioner's southernmost property line and then turning North going along the petitioner's westernmost property line terminating at the Smith property. A twenty (20) foot easement will be required to be centered over the top of the Sanitary District of Decatur sewer interceptor. The formal vacation of this ROW does not appear that it will have an adverse affect on the general public. The Right-of-Way is not necessary to serve the general public. Staff is of the opinion that the best interests of the City of Decatur would be served by approving the Right-of-Way vacation. Staff recommends approval of the Right-of-Way vacation with the following conditions: