2009-66 VACATING ALLEY - 1200 BLOCK WEST ELDORADO STREET

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t Excerpts from Plan Commission Minutes of September 3,2009 Ms. Suzy Stickle stated Cal. No. 09-40 and Cal. No. 09-41 will be presented together. Cal. No. 09-40 Petition of CEDARWOOD DEVELOPMENT, INC. to vacate a portion of the 1200 Block of Cerro Gordo Street Right of Way. Cal. No. 09-41 Petition of CEDARWOOD DEVELOPMENT, INC. to vacate the alley in the 1200 Block of West Eldorado Street. Ms. Stickle was sworn in by Mrs. Janet Poland. Ms. Stickle presented the recommendation of staff: The petitioner is requesting vacating the right-of-way in the 1200 Block of West Cerro Gordo Street. The right-of-way is adjacent to US Route 36 and the property the petitioner has a contract to purchase. The petitioner is also requesting vacating the 16 foot alleyway in the 1200 Block of West Eldorado Street. The alleyway is adjacent to the property the petitioner has a contract to purchase. The vacations will enable the petitioner to construct a CVS Pharmacy. Letters were sent to AmerenIP, Comcast Communications, and AT&T notifying the utility companies of the vacation requests and no objections to the proposed vacations were expressed. The Illinois Department of Transportation submitted a letter to the City that it has no opposition to the vacation of the right-of-way. An appraisal for the right-of-way was submitted by the petitioner with an estimated market value of $40,000. A second appraisal was obtained by the City with an estimated market value of $15,500. The petitioner will pay the City of Decatur $27,750 for the right-of-way vacation. An appraisal for the alleyway was submitted by the petitioner with an estimated market value of $17,000. A second appraisal was obtained by the City with an estimated market value of$9,500. The petitioner will pay the City of Decatur $13,250 for the alleyway vacation. The formal vacation of this right-of-way and alleyway will not have an adverse affect on the general public. The right-of-way and alleyway are 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 and alleyway vacations. Staff recommends approval of the right-of-way and alleyway vacations. 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 Numbers 09-40 and 09-41 to the City Council with recommendations of approval is suggested. Mr. Rick Dilsavor, Cedarwood Development, was sworn in by Mrs. Poland. Mr. Dilsavor said he was the representing the project and would answer any questions the Commission had. There were no questions and no objectors present. It was moved and seconded (Dial/Edwards) to forward Cal. No. 09-40 and Cal. No. 09-41 to the City Council with recommendation for approval as presented by staff. Motion carried unanimously.