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

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Excerpts from Plan Commission Minutes of August 4,2011: Cal. No. 11-11 Petition of LARRY ROGERS to vacate a portion of the 1700 Block of Bob-O-Link Drive. Ms. Stickle was sworn in by Mrs. Althoff. Ms. Stickle presented the recommendation of staff: The petitioner is requesting vacating the Right-of-Way in the 1700 Block of Bob-O-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. A ten(10) foot ingress/egress easement will be required along the southeasterly lot line of Lot 49 of Fairway Estates. Utility easements will also be maintained. The formal vacation of this ROW does not appear that it will have an adverse 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. A ten (10) foot ingress/egress easement will be required along the southeasterly line of Lot 49 of Fairway Estates. 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 11-11 to the City Council with a recommendation for approval is suggested. Mr. John asked if staff makes any effort of thinking about potential future land use possibilities in regards to vacations. Ms. Stickle stated that the site is shown as being a park area on the Comprehensive Plan and that the South Side Country Club was notified by the petitioner and there was no objections expressed from them.