2004-28 VACATING AN ALLEY - 1200 BLOCK OF EAST ELDORADO AND EAST NORTH STREETS

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Excerpts from Plan Commission Minutes of April 1, 2004 Cal. No. 04-18 Petition of JAMES E. GAHWILER to vacate the alleyway between the 1200 Block of East Eldorado Street and East North Street. Ms. Suzan Stickle was sworn in by Ms. Jesse Ms. Stickle gave the following recommendation of the staff. The petitioner owns the property abutting the alleyway to the north and south with the exception of the Northwest corner of the alleyway located at East Eldorado Street and North Jasper Street where the China House currently operates. A 12 inch sewer line is located in the area to be vacated. The petitioner is requesting the vacation of the approximately 16 foot by 310 foot alleyway located between the 1200 Block of East Eldorado Street and East North Street. The petitioner would like to have control of the area to be vacated in order to repave the surface subsequently allowing him to operate his equipment more efficiently. An easement for emergency vehicles and utilities will be required. An appraisal for the alleyway vacation was submitted by the petitioner with an estimated market value of$1,500.00. A second appraisal was not required. The petitioner will pay the City of Decatur $1,500.00 for the vacation. The vacation of the alleyway between East Eldorado Street and East North Street does not appear necessary to serve nor does it 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 alleyway vacation request. Staff recommends approval of the alleyway vacation petition subject to the following condition: An easement for utility purposes and emergency vehicles 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 Cal. No. 04-18 to the City Council with a recommendation of approval is suggested. Mr. Nordholm questioned how the easement would be made available for emergency vehicles. Ms. Stickle stated that access will not be a problem. The alley way will remain open for vehicles. In the future if the alley would be fenced or gated, knox locks will be used for emergency access. Mr. Nordholm seemed to feel that the $1500 estimate sounded less then he felt the City should be selling it for, and questioned whether the appraisal was too low. Ms. Miller stated that the appraiser used seemed to always estimate a fair value.