5659 REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY IN THE CITY OF DECATUR MACON COUNTY, ILLINOIS

Home Browse Search

� � r `� � V ORDINANCE N0. JrL�� AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY IN THE CITY OF DECATUR MACON COUNTY. ILLINOIS WHEREAS, the City of Decatur hereinafter known as the City and the State of Illinois, acting by and through its Department of Transportation, Division of High- ways, have entered into an agreement relative to the improvement of the intersection of Decatur and Franklin Streets, Jasper and Lake Shore Drive, and Monroe and Harrison Streets, and, WHEREAS, in order to facilitate said improvement, it is necessary for the CiTY to adopt an ordinance regulating encroachments on the right of way for said improve- ment in accorda�ce with the following definitions: Roadway Right of Way is defined as those areas existing or acquired by dedica- tion or by fee simple for highway purposes; also, the areas acquired by temporary ease- ment during the time the easement is in effect; Proiect Right of Way is defined as those areas within the project right of way lines established jointly by the CITY, STATE, and the Federal Highway Administration which wilt be free of encroachments except 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 ptaced, located or maintained in, on, under or over any portion of the project right of way or the roadway right of way where no project right of way line has been es- tablished. Permissible Encroachment is defined as any existing awning, marquee, advertising sign or similar overhanging structure supported from a building inxnediately adjacent to the limits of the platted street where there is a sidewalk extending to the build- ing line and which does not impair the free and safe flow of traffic on the highway; the permissive ret�ntion of overhanging signs is not to be ::coqstro�d-: as being ap- plicable to those signs supported from poles constructed outside the project right of way line and not confined by adjacent buildings; Construction Easement Area is defined as that area lying between the project right of way limits and the platted street limits within which the CITY, by concur- rence in the establishment of the project right of way lines, will permit the STATE to enter to perform all necessary construction operations; and WHEREAS, representatives of the CITY, the STATE and the Federal Highway Adminis- tration have, by visual inspection, cooperativety established project right of way lines and have mutually determined the disposition of encroachments. "EXHIBIT A"