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

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Excerpts from Plan Commission Minutes of December 4, 2003 Cal. No. 03-55 Petition of REVEREND D. E. HORATH AND LESTER CLYMER, to vacate a ten(10)foot wide pathway adjacent to 3575 Greenhill Road and 3540 East Corman Street. Ms. Kathy Miller was sworn in by Ms. Jesse Ms. Miller presented the following recommendation of the staff. When the Radio Towers Subdivision was platted in 1941, a ten (10) foot pathway between L.ats Four (4) and Five (5) and Lots Thirteen (13) and Fourteen (14) was 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 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 other uses must be removed. Utility letters have been received stating that the plat was reviewed and all are in agreement with the proposed vacation. An easement will be reserved for utility access and maintenance. Hillside Bethel Tabernacle Church owns the property adjacent to the north half of the pathway. The Ballenger's and the Clymer's own the property adjacent to the south half of the pathway. All are in agreement to the vacation and all will share in the purchase of the pathway. An appraisal was submitted with an estimated market value of $1,500. A second appraisal is not required. The petitioners will pay the City of Decatur $1,500 for the vacated pathway. Staff is of the opinion that the best interests of the City of Decatur would be served by approving the request to vacate the pathway. Staff recommends approval of the petition. The Administrative Policy of the City of Decatur requires that property vacation requests be submitted for a public hearing. Although a Plan Commission recommendation is not required, a motion to forward the request of Cal. No. 03-55 to the City Council with a recommendation of approval is suggested.