5795 REGULATING ENCROACHMENT ON PUBLIC RIGHT-OF-WAY IN THE CITY OF DECATUR, MACON COUNTY, ILLINOIS

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. � , . ORDINIINCE NO. �/ g� � AN ORDINANCE RECULRTING ENCROACHMENT ON PUBLIC RIGHT-OF-WAY IN TFiE CITY OF DECATUR� h4ACON COUNTY, ILLINOIS Wf�REAS, the City of Decatur hereinafter known as the CITY, and the State of Illinois, acting by and through its Department of Transportation, Division of Highways, have entered into an un- derstanding relative to the improvement of Illinois Route 121, F. A. Route 33, State Section lO1R-1, within the corporate limits of Decatur; and WI�REAS, in order to facilitate said improvement, it is necessary for the CITY to adopt an ordinance regulating encroach- ments on the right-of-way for said improvement in accordance with the following definition: Roadway Right-of-Way is defined as those areas existing or acquired by dedication or by fee simple for highway purposes; also, the areas acquired by temporary easemPnt during the time the easement is in effect; Project Right-of-Way is defined as those areas within the project right-of-way lines established joint ly by the CITY, STATE, and the Federal Highway Administration, which will be free of encroachments except as hereinafter defined; Encroachment is defined as any building, fence, sign or any other structure or object of any kind (with the exception of utilities and public road signs), which is placed, located or maintained in, on, under or over any portion of the project right-of-vray or the roadway right-of-way where no project right-of-way has been established. Construction Easement Area is defined as the area lying between the project right-of-way limits and the platted street limits within which the CITY, by concurrence i.n the establishment of the project right-of-way lines, will permit the STATE to enter to perform alI necessary construction operations; and WHEREAS, representatives of the CITY, the STATE, and the Federal Highway Administration have, by visual inspecti on, cooperatively es- tablished project right-of-way lines and h ave mutually determinEd the disposition of encroachments.