2008-63 VACATING PORTION OF STREET - 4000 BLOCK EAST MUELLER AVENUE

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, Book : 39�� age : 549 Excerpts from Plan Commission Minutes of August 7, 2008 � Cal. No. 08-33 Petition of ARCHER DANIELS MIDLAND to vacate LLl feet of the 4000 BLOCK of EAST MUELLER AVENUE. Ms. Ashe presented the recoinmendation of staff: The petitioner is requesting to vacate the public right-of-way of the east 221 feet of the 4000 Block of East Mueller Avenue. East Mueller Avenue dead-ends into the petitioner's property. The vacation will enable the petitioner to build a new entrance into the plant. This entrance will include a new Guard House, Employee Parking Lot, and a new Truck Scale. Letters were sent to AmerenIP, Comcast Communications, and AT&T notifying the utility companies of the vacation request. The abutting property owners have also been notified and to date, no objections to the proposed right-of-way vacation have been expressed. For maintenance purposes, the City of Decatur will require an easement to access the water and sewer utilities. Because there is only one (1) licensed commercial appraiser in the City of Decatur, only one (1) appraisal was conducted on the property. The proposed vacation property has an estimated market value of$4,000 which will be paid in full to the City prior to the vacation. 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 and Staff is of the opinion that the best interests of the City of Decatur would be served by approving the r�ght-of-way vacation Staff recommends approval of the petition with the following condition: a. The petitioner will need to provide a utility easement within the vacated right-of-way for City maintenance and access. 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 08-33 to the City Council with a recommendation of approval is suggested. Mr. Kris Kappenman, Director of Real Estate for ADM, was sworn in by Mrs. Poland. Mr. Kappenman stated the street dead ends into a facility that ADM is expanding and renovating into a new use. Their property surrounds the majority of the street at the present time and the adjoining land owners are in agreement with the vacation. There were no questions and no objectors present. It was moved and seconded (Mickler/Jackson) to forward Cal. No. 0 -33 to the City Council with recommendation for approval as presented by staff. Motion carri d seven (7) to zero (0) to one (1) with Mr. Steve John abstaining from the vote.