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

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Excerpts of Decatur City Plan Commission Cal. No. 04-49 Petition of DECATUR PUBLIC SCHOOL DISTRICT 61 to vacate right-of-way that is a triangular parcel between the Northfolk Southern Railroad right-of-way and the Decatur Public School District property located at 150 West Ceno Gordo Street. Ms. Suzan Stickle was sworn in by Ms. Jesse. Ms. Stickle gave the following recommendation of staff: 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. 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. The approximate square footage of the parcel to be vacated is 1,295. Utility letters have been requested and the Railroad has been notified of the proposed vacation request. A utility easement will be required. 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. The public right-of-way does not appear 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 vacation request. Staff recommends approval of the right of-way vacation petition subject to the following condition: A. A permanent easement for utility purposes will be maintained. 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 Calendar # 04-49 to the City �, Council with a recommendation of approval is suggested. Mr. Nordholm questioned whether the northwest side went up to the sidewalk and if the pathway would still be present to get across the tracks. Ms. Stickle stated that the pathway would still be available. Mr. Mike Sotiroff, representative for the petitioner was sworn in by Ms. Jesse.