2011-43 VACATING ALLEY - 700 BLOCKS OF NORTH UNION AND CHURCH STREETS

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DEVELOPMENT SERVICES MEMORANDUM No. 11-32 July 13, 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: Vacation of the Alley in the 700 Blocks North Union and Church SUMMARY RECOMMENDATION: Staff recommends approval of the alleyway vacation with the following condition: 1. All easements shall be maintained. The City Plan Commission voted 5-0-1 to recommend approval of this petition at the July 7, 2011 meeting;the minutes of the meeting are attached. BACKGROUND: The petitioner is requesting the vacation of a portion of the alleyway in the 700 Blocks of North Union Street and North Church Street. The vacation will enable the petitioner to control the alley and utilize the area in the future as part of their overall neighborhood plan. The petitioner owns all of the adjacent properties on both sides of the alleyway. The original petition requested the vacation of a portion of Union Street as well as a portion of the alleyway. Upon further research by Staff, it was found that in 1943 the South 130 feet of North Union Street and 105 feet of the subject alleyway had already been vacated. The only portion of the petitioner's request that needs to be vacated is a 60 foot by 20 foot wide portion of the alleyway located directly north of the Railroad Right-of-Way. Letters were sent to AmerenIP, Comcast Communications, and AT&T notifying the utility companies of the vacation request and no objections to the proposed alleyway vacation were expressed. An appraisal was conducted on both the alleyway and North Union Street Right-of-Way. The property has a market value of$0.08 per square foot. The only portion of alleyway that requires vacation is 1,200 square feet in area. The proposed vacated alleyway has an estimated market value $96.00 which will be paid to the City. The formal vacation of this alleyway does not appear that it will have an adverse affect on the general public. The alleyway is surrounded by property owned by the petitioner, Railroad Right-of-Way and vacated alleyway. 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.