2002-91 VACATING RIGHT OF WAY - HAYS AVENUE BETWEEN CHARLES AND WOODFORD STREETS

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Excerpts from Minutes of October 3, 2002 City Plan Commission Meeting Cal. No. 02-39 Petition of WAKS INVESTMENTS, L.L.C. to vacate a portion of the dedicated Right of Way between North Charles Street and North Woodford Street and south of East Runnin' Reds Drive. It was moved and seconded (John/Smith)to remove Cal. No. 02-39 from the table. Motion carried unanimously. Ms. Miller presented the recommendation of staff: The Waks' own all the parcels on the south side of the Hays Avenue Right o�Way. The Decatur Public School District owns the property to the north of the Right of Way. The street was not developed at this location and there are no plans to construct a street adjacent to the privately-owned Runnin' Reds Drive. The petitioner wishes to vacate all of the Hays Avenue Right of Way located between Charles and Woodford Streets. The Decatur Public School was contacted and has no objections to the vacation. Two appraisals for the proposed Right of Way vacation were obtained with an estimated market value of$4500 and $4200. The petitioner will pay the City $4500 for the property to be vacated. , Utility letters have been received from Illinois Power,Ameritech and Insight Communications stating that no utilities are located within the Right of Way. No easements are required. Since 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 street vacation. 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. 02-39 to the City Council with a recommendation of approval is suggested. Mr. John stated that although there may be no public interest now in this piece of property, it is possible that the school district might sell the land to a developer. He stated that if the City gives up the right of way there is nothing to prevent a future owner from disallowing the public to get from Woodford to Charles. Ms. Miller stated that if the property were sold to a developer a subdivision plat would be required and the City would request right of way at that time. Mr. John asked if that could be counted on and Ms. Miller stated that requirement can be made during staff review. Mr. John asked about future maintenance of the road if Stephen Decatur Middle Sdiool should say that sixty percent of the traffic is not headed to the school and they do not want to maintain the roadway. Ms. Miller stated that Charles Street was a dead end street before and staff has given that consideration.