2003-57 VACATING RIGHT OF WAY - A PORTION OF NORTH MORGAN STREET

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Exce ts from Plan Commission Minutes of Se tember 4 2003 II� � P � Cal. No. 03-39 Petition of WALLACE PHARMACEUTICALS, 434 North ' Morgan Street, to vacate a portion of the Morgan Street right-of-way south of Eldorado Street and North of Wallace Pharmaceuticals. Ms. Kathy Miller, Senior Planner,was sworn in by Mrs. Althoff. Ms. Miller presented the following recommendation of the staff: Wallace Pharmaceutical is requesting the vacation of a portion of North Morgan Street between East Eldorado Street and their building. In 1986, the southern portion of North Morgan Street in this location was vacated, as well as a portion of East North Street. An easement was reserved for utility access. Wallace owns all the property adjacent to the right of way. Utility letters have been received stating that they have reviewed the plat and are in agreement with the proposed vacation. An easement will be reserved for utility access. An appraisal was submitted by the petitioner with an estimated market value of$8,000 ($1.25 per square foot). Recently, legislation was enacted that changed the procedure for commercial property appraisals. A specific license is required for commercial appraisal. Currently, Kent Fitzjarrald is the only appraiser in Decatur with a commercial appraisal license. A second appraisal will not be required at this time. The petitioner will pay the City of Decatur $8,000 for the vacated portion of North Morgan Street. Staff is of the opinion that the best interests of the City of Decatur would be served by approving the request to vacate the right of way. 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. 03-39 to the City Council with a recommendation of approval is suggested. Mr. Ed Flynn was sworn in by Mrs. Althoff to speak for the petitioner. Mr. Steve John entered the meeting at 3:05 Mr. Flynn stated that the petitioner is hoping for the approval of the Commission and would be happy to answer any questions.