2006-64 PARTIALLY VACATING AN EASEMENT - MOUND CENTER

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Excerpts from Decatur City Plan Commission July 6, 2006. Cal. No. 06-40 Petition of DANE C. BRAGG, Assistant City Manager to vacate easement at 3795 U.S. Route North Mound Center. ' It was moved and seconded(Anderson/Tom Smith)to take Cal. No.06-40 off the table. Motion carried unanimously. Mr. Greg Crowe was sworn in by Ms. Jesse. Mr. Crowe presented the recommendation of staff: As part of the Mound Center subdivision, a watermain and utility easement was dedicated on the south property line of Lot Four (4). AT&T is utilizing the easement for its cable; no other utility companies have located any utilities in the easement. The watermain for the site has been relocated and a new easement has been dedicated. The partial vacation will restrict the use of the easement to AT&T. Further use of the easement by another utility company will not be allowed. Since AT&T is utilizing the easement, construction of permanent buildings will not be allowed in the easement. Staff is of the opinion that the best interests of the City of Decatur would be served by approving the request to partially vacate the easement as indicated on the plat. Staff recommends approval of the petition. There were no obj ectors. It was moved and seconded(Anderson/Dunn)to forward Cal.No. 06-40 to the City Council with the recommendation for approval as submitted by the petitioner. Motion carried with Steve John abstaining.