2001-14 VACATING RIGHT OF WAY - NORTH AND WEST OF 4275 EAST LAKE SHORE DRIVE

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. Excerpts from Plan Commission Minutes of March 1, 2001 Cal. No. 01-02 Petition of ROBERT D. and JiJDITH M. CURRY, 4275 East Lake Shore Drive, to vacate the 15' Right of Way adjacent to Lot 68 of Spangler Heights Addition. Ms. Miller presented the recommendation of staff: Spangler Heights Addition was platted in the 1920's and developed with cottages that have since been turned into homes. The areas east and south of the platted lots were designated as Community Park when the Addition was platted. In four locations adjacent to Lake Shore Drive (Spangler Drive), 15 foot right of ways were designated as access to Community Park. Community Park extends to East William Street Road. The Sanitary District has sanitary sewer lines located in the Community Park area near the lakefront. The Decatur Metro Area Greenway Plan includes a potential greenway/bikeway trail from Nelson Park to Faries Park that could include the Community Park area. At this time there is no set route for that trail system. After consulting with the Decatur Park District regarding trail planning, it was determined that it would be highly unlikely that a bike trail would ever go behind the residential properties at the lake front. The referenced ROW would not be required for trail access. Currently there is ROW access along William Street Road. The petitioner would like to vacate the ROW that cuts through his property to add a garden and to construct a retaining wall at the lake front. An appraisal for the proposed ROW for vacation was submitted with an estimated market value of$950. A consent letter was received from the adjoining property owner, Mr. Thomas M. Grohne, that agrees to the purchase by Mr. Curry. Utility letters have been received from the Sanitary District of Decatur, Insight Communications, Ameritech and Illinois Power. Illinois Power has requested that ingress and egress easements be reserved for utility maintenance. No city utilities are located in the referenced ROW. Staff recommends approval of the ROW vacation with the utility easement noted in the ordinance. Mr. Smith asked if other right of way had been vacated in that area. Ms. Miller stated that there had been a few streets vacated north of the subject axea. Mr. Shampine questioned if there is access to get to the lake. Ms. Miller stated that there is no other access owned by the City. The property owners in this area use the land as their property although technically their property does not go all the way to the lake. The lake belongs to the City. Mr. Van Steenhuyse stated that there are two more access points to the lake plus the ravine. Mr. Smith asked if the check would be written to the City. Mr. Van Steenhuyse stated that the City owns the right of way. Mr. John stated that he did not see the other points of access. Ms. Miller stated that it is difficult to discern the points of access as they are being used by the property owners. Mr. John stated