2004-91 VACATING RIGHT-OF-WAY - 600 BLOCK NORTH CHURCH STREET

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ECONOMIC AND URBAN DEVELOPMENT MEMORANDUM I� Memo No. 04-164 ' November 10, 2004 , TO: Honorable Mayor Paul Osborne and City Council I! FROM: Steve Garm ity Manager I Dane C. Br AICP, Assistant City Manager�i` Kathy J. Miller, AICP, Senior Planner�� Suzan Stickle, Planner�+S SUBJECT: Request to vacate the triangular portion of the 600 Block of North Church Street between the School District property at 150 West Cerro Gordo Street and the Norfolk Southern Railroad right-of-way SUMMARY RECOMMENDATION: Staff recommends approval of the right-of-way vacation petition with the condition that a permanent easement for utility purposes will be maintained. The closing of this right-of-way does not appear that it will have an adverse affect on 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 request. The City Plan Commission voted 9-0 to recommend approval of this petition at the November 4, 2004 hearing; the minutes of the meeting are attached. BACKGROUND: The petitioner is requesting the vacation of the triangular parcel right-of-way that extends approximately 129 feet east along the railroad right-of-way to add to their parking lot. The approximate square footage of the parcel to be vacated is 1,295. The petitioner owns the property abutting the right-of-way to the east and south. Norfolk Southern Railroad Corporation owns the property abutting the northern portion of the right-of-way to be vacated. The western portion of the right-of-way to be vacated abuts the North Church Street right-of-way that will not be vacated. An appraisal for the right-of-way vacation has been submitted with a previous right-of-way vacation request. A second appraisal was not obtained by the City because there is only one licensed appraiser of commercial property in the City of Decatur. The petitioner will pay the City of Decatur $0.40 a square foot for a total of$518.00. INPUT FROM OTHER SOURCES: An easement for utility access and maintenance is required. POTENTIAL OBJECTION: There were no objectors to the vacation at the Plan Commission meeting. STAFF REFERENCE: Any additional questions may be forwarded to Suzan Stickle at 424-2781 or at smstickle(a�decaturnet.org. BUDGET/TIME IMPLICATIONS: The petitioners will pay the City$518.00 for the vacation.