2003-80 VACATING A PATHWAY - GREEN HILL DRIVE TO CORMAN STREET - RADIO TOWERS SUBDIVISION

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ECONOMIC AND URBAN DEVELOPMENT MEMORANDUM No. 03-127 December 10, 2003 TO: Honorable Mayor Paul Osborne and City Council Members FROM: Steve Garm ity Manager Dane C. Bra AICP, Director of Economic and Urban Developmen� Kathy J. Mille , AICP, Senior Planner ��/ SUBJECT: Vacation of the Radio Towers Subdivision Pathway SUMMARY RECOMMENDATION: Staff recommends approval of the vacation of the pathway as proposed by the petitioner. 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 vacation request. The Plan Commission reviewed the request at the December 4, 2003 meeting and recommended approval with a vote of 6 to 2. Plan , Commission minutes are attached. BACKGROUND: When the Radio Towers Subdivision was platted in 1941, a ten (10) foot ' pathway between Lots Four (4) and Five (5) and Lots Thirteen (13) and Fourteen (14) was I reserved. Originally the area was used as a pathway. Over the years, the use of the pathway has � changed. Currently, at the north portion of the pathway, Hillside Church has paved over the I walkway, added a fence blocking access and constructed a shed on the walkway. At the south portion of the pathway a driveway has been constructed on the path. There are signs posted on the pathway prohibiting motorized vehicles. If the pathway is not vacated, all obstructions and I other uses must be removed. Hillside Bethel Tabernacle Church owns the property adjacent to the north half of the pathway. The Ballengers and the Clymers own the property adjacent to the south half of the pathway. All are in agreement to the vacation and the purchase of the pathway. POTENTIAL OBJECTIONS: There were no objectors to the request for the pathway vacation at the Plan Commission meeting. INPUT FROM OTHER SOURCES: Utility letters have been received from Illinois Power, Ameritech and Insight Communications stating that they have reviewed the request. Utilities are located within the pathway and an easement will be reserved for access and maintenance. STAFF REFERENCES: If Council members have questions they may contact Kathy Miller at 424-2786, kjmiller o,decaturnet.org. BUDGET/TIME IMPLICATIONS: The petitioners will pay the City of Decatur $1,500 for the vacated pathway.