2009-75 VACATING PORTION OF STREET - MAPLEWOOD AVENUE

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Excerpts from Plan Commission Minutes of October 1, 2009 u Cal. No. 09-47 Petition of TANGLEWOOD VILLAGE-BRIAN ADCOCK to vacate a portion of the 3300 Block of Maplewood Avenue Right of Way. Ms. Stephanie Ashe was sworn in by Mrs. Poland. 0 �+ Ms. Ashe presented the recommendation of staff: The petitioner is requesting to vacate the North fifteen (15) feet of the East 400 feet of right-of- way in the 3300 Block of East Maplewood Avenue. Letters were sent to AmerenIP, Comcast Communications, and AT&T notifying the utility companies of the vacation request and no objections to the proposed right-of-way vacation have been expressed. However, Comcast requests a fifteen (15) foot easement on the north side of Maplewood Avenue, while AT&T also must retain easements as they have facilities in the right- of-way in question. An appraisal for the right-of-way was submitted by the petitioner with an estimated market value of $2,000. A second appraisal is not required. The petitioner will pay the City of Decatur $2,000 for the vacation of the right-of-way. The formal vacation of this right-of-way will not 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. 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 09-47 to the City Council with a recommendation of approval is suggested. Mr. Cochran stated he was the representative for Tanglewood Village. Mr. Cochran said Tanglewood does not have immediate plans to expand but this is basically what the vacation is being asked for. Presently there are garages off of Maplewood Avenue and the plan would be that sometime in the future the garages would be torn down to build more living units. The vacation of the fifteen (15) feet they are asking for is necessary for this to be done. There were no questions and no objectors present. It was moved and seconded (Mickler/Anderson) to forward Cal. No. 09-47 to the City Council with recommendation for approval as presented by staff. Motion carried unanimously.