2001-68 VACATING PORTION OF A STREET - EAST PEARL STREET

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Excerpts from Plan Commission Minutes of September 6, 2001 Cal. No. 01-37 Petition of MARK ALLEN, 924 East Eldorado Street, to vacate Right of Way in the 900 Block of EAST PEARL STREET. Ms. Miller presented the recommendation of staff: The petitioner is requesting to vacate the right of way in the 900 block of East Pearl Street adjacent to the Speed Lube property on East Eldorado Street. Pearl Street dead-ends at the east property line of the existing Speed Lube site where there is a gated access. The petitioner recently purchased the two lots adjacent to his property and north of the Pearl Street right of way; Mr. Allen is requesting the vacation to limit access to the new site. A gate will be used to close access. Jo Ann Newland owns the property on the south side of the right of way and is in agreement with the vacation. The Pearl Street right of way on the existing Speed Lube property, from the current Pearl Street right of way line west to the railroad tracks, was vacated years aga An easement remains on the property for emergency and utility access An appraisal for the proposed street vacation was submitted by the petitioner with an estimated market vaiue of$1,800. The petitioner will pay the City of Decatur $1,800 for the vacation. Utility letters have been received from Illinois Power,Ameritech and Insight Communications stating agreement with the vacation and requesting that ingress and egress easements be reserved for utility maintenance. The Fire Department has also asked for an easement for emergency access. 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 right of way vacation request. Staff recommends approval of the petition. Mr. Schiller asked if the existing gate would remain at its present locarion or be moved to the east. Ms. Miller stated that the gate would be moved to the east to the edge of Lot 9. Mr. Phillip Cochran, Consulting Engineer,was present and spoke for the petition representing Mr. Allen. Mr. Cochran stated that Mr. Allen had purchased two lots on Pearl Street and he and Mrs. Newland agreed to petition for this vacation. He stated that the gate would be moved and the right of way would be split between Mr. Allen and Mrs.Newland. Mr. Shampine asked if the right of way is used as access for the garbage haulers and Mr. Cochran stated that it is not. . There were no objectors present. It was moved and seconded (Anderson/Smith)to forward Cal. No. 01-37 to City Council with recommendation for approval. Motion carried with abstention by Commissioner Schiller.