2011-48 VACATING PORTION OF STREET - A PORTION OF 1700 BLOCK BOB-O-LINK DRIVE

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DEVELOPMENT SERVICES MEMORANDUM No. 11-35 August 10, 2011 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: Right-of-Way Vacation in the 1700 Block Bob-O-Link Drive SUMMARY RECOMMENDATION: Staff recommends approval of the Right-of-Way vacation with the following conditions: 1. All easements shall be maintained. 2. A ten (10) foot ingress/egress easement will be required along the southeasterly line of Lot 49 of Fairway Estates. The City Plan Commission voted 6-0 to recommend approval of this petition at the August 4, 2011 meeting;the minutes of the meeting are attached. BACKGROUND: The petitioner is requesting vacating the Right-of-Way in the 1700 Block of Bob-0- Link Drive. The area of the proposed vacation is 60 feet by 90 feet totaling 5,400 square feet. The vacation will enable the petitioner to control the unimproved ROW and utilize the area as part of their property. 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 no objections to the proposed ROW vacation were expressed. An appraisal was not conducted as several attempts were made by the petitioner to hire an appraiser. Staff verified that the area to be vacated has no value if appraised because of inability for any construction to occur as it presently exists. Staff based the value of this unimproved ROW on a similar vacation of unimproved ROW that was adjacent to the Decatur Country Club Golf Course. The property had a market value of$0.58 per square foot. Based on the previous vacation, the proposed vacated ROW has a value $3,132.00 which will be paid to the City. The formal vacation of this ROW does not appear that it will have an adverse affect on the general public. POTENTIAL OBJECTION: There were no known objectors at the Plan Commission Meeting. INPUT FROM OTHER SOURCES: The vacation has been reviewed by the City's Technical Review Committee; Planning, Engineering and Fire have approved the vacation. STAFF REFERENCE: Any additional questions may be forwarded to Suzan M. Stickle at 424-2786 or at smstickle@decaturil.gov. BUDGET/TIME IMPLICATIONS: None.