2003-74 VACATING RIGHT OF WAY LOCATED BETWEEN 4766 AND 4804 EAST POWERS BOULEVARD

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Excerpts from Plan Commission Minutes of November 6, 2003 Cal. No. 03-50 Petition of JOHN W. FLORA AND RAYMOND B. OAKLEY to vacate a portion of Green Meadow Drive right-of-way north of Powers Boulevard. Ms. Suzan Stickle was sworn in by Ms. Jesse. Ms. Stickle presented the following recommendation of the staff: The petitioners are requesting the vacation of the 50 by 135.3 foot section of unimproved Green Meadow right-of-way to increase the size of their current lots. The petitioners own the property abutting the right-of-way to the east and west. The Country Club of Decatur owns the property abutting the northern portion of the right-of- way to be vacated. The southern portion of the right-of-way to be vacated abuts the East Powers Boulevard right-of-way. The Country Club of Decatur, as an adjacent property owner, was notified via certified mail and has indicated they have no interest in and no objections to the vacation. Cunently there are no plans to extend Green Meadow Drive. The closing of the unimproved portion of Green Meadow Drive right-of-way does not appear that it will have an adverse affect on the general public. An appraisal for the right-of-way vacation was submitted by the petitioner with an estimated market value of $3,890.00. A second appraisal was obtained by the City with an estimated market value of $3,700.00. The petitioner will pay the City $3,890.00 for the vacation. 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- wa vacation etition sub'ect to the followin condition: Y P J g , A. A permanent easement for utility purposes will be maintained as may be required by affected utility companies. i Although a Plan Commission recommendation is not required, a motion to forward the ' vacation request to the City Council with a recommendation of approval is suggested. il Mr. Anderson asked if there were any questions for staff. I Mr. Nordholm asked how the names would be on the deed, if both petitioners would have there names on it. Ms. Miller stated that is not up to the Plan Commission to decide how the deed will read. Mr. John Flora was sworn in by Ms. Jesse.