2007-56 VACATING ALLEYWAY - 400 BLOCK OF SOUTH FRANKLIN STREET

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Excerpts from Plan Commission Minutes of June 7,2007 Cal.No. 07-24 Petition of GREG C. CR WE, DIRECTOR OF ECONOMIC AND URBAN D VELOPMENT to vacate an alleyway located in the 400 Block of South Franklin Street. Ms. Suzan Stickle was sworn in by Mrs. Poland. Ms. Stickle presented the recommendation of staff: A title search was conducted earlier this year and research found that 's alleyway located in the 400 Block of South Franklin Street was never formally vacated. Thi petition request from the Economic and Urban Development Department is to formally vaca the 20 foot by 240 foot alleyway to create a clear title search in the future. The City had al owed construction on and across this alleyway in the past. The alleyway would continue to be used as it has been utilized for t e past several years. The alleyway currently has a building constructed over it where Tom y House Tires is located. Also,there are parking stalls and a driveway on the 20 foot alleyway. All utilities have been notified. The abutting property owners have een notified and have no objections to the proposed alleyway vacation. The entire West 165 feet of alleyway will continue to be the responsi ility of the property owner to the North and the entire East 75 feet of the alleyway will continu to be the responsibility of the property owner to the North and South. Both owners have b en paying taa�es and been responsible for the 20 foot alleyway for many years. The formal vacation of this alleyway will not have an adverse affect o the general public. The alleyway is not necessary to serve the general public. StafF is f the opinion that the best interests of the City of Decatur would be served by approving the alle ay vacation. A motion to forward the vacation request of Calendar Number 07-24 to the City Council with a recommendation of approval is suggested. Mr.Nordholm asked if the vacation was more than the 400 block of outh Franklin. Ms. Stickle replied that the alleyway ran east — west in the 400 block of Sout Franklin. Mr. Nordholm questioned if the property owners thought they owned the property. Ms. Stickle stated yes and they have also been paying taxes on it. Mr. Steve John asked if the City had done some type of asses ment of the property and questioned why the City was not asking for payment of the alleyway. Ms. Stickle stated the City is not sure if this property was vacated earlier and the paperwork is missing. The property owners have been paying taxes on it along with maintaining it. The have also been allowed to build and pave on it. This vacation will just be paperwork as the rec rds show they already have ownership. There were no objectors present. It was moved and seconded (Nordholm/Anderson) to forward Cal. N . 07-24 to the City Council with the recommendation for approval as presented. Motion carried animously.