2010-47 REPEALING ORDINANCE NUMBERS 2009-66 AND 2009-67

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DEVELOPMENT SERVICES MEMORANDUM No. 10-51 June 16, 2010 TO: Honorable Mayor Michael T. McElroy and City Council FROM: Ryan P. McCrady, City Manager Greg C. Crowe, Assistant City Manager Suzan M. Stickle, Senior Planner SUBJECT: Repeal Vacation of 1200 Block of West Cerro Gordo Street and 16 foot Alleyway SUMMARY RECOMMENDATION: Staff recommends approval of repeal of the right of way vacation for the 1200 Block of West Cerro Gordo Street (Ordinance #2009-67) and the 16 foot Alleyway (Ordinance #2009-66). The City Council voted 6-0 to recommend approval of the vacations at the September 21, 2009 meeting; the petitioner was not required to pay for either vacation. BACKGROUND: The petitioner requested to vacate the right of way and alleyway based on a 1903 plat that has since been discovered to be located to the East of what is currently the CVS Pharmacy located at 570 North Fairview Avenue. It was recently brought to staff's attention by the Supervisor of Assessment Office that the legal was incorrect on what CVS was trying to vacate. There are no records indicating that Cerro Gordo or the alleyway existed on this property. Staff has confirmed with the CVS consulting engineer on the project that the records of the plat they possessed were incorrect. The ordinances that were approved by Council have vacated the right of way and alleyway to the East of the CVS and need to be repealed to correct this error. POTENTIAL OBJECTION: N/A INPUT FROM OTHER SOURCES: The vacation has been reviewed by Planning, Engineering, Supervisor of Assessments and the CVS Consulting Engineer; all have agreed it is incorrect and should be repealed. STAFF REFERENCE: Any additional questions may be forwarded to Suzan M. Stickle at 424- 2786 or at ssticklegdecaturil.gov. BUDGET/TIME IMPLICATIONS: None.