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

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;. ' � - . • ORDINANCE N0, 5659 At� ORDfP1AhCE REGULA7ING ENCROACHMENT ON PUBLIC RIGHT OF 41AY IN THE CITY OF DECA7UR MACO�� COUtdTY, I LL I N01 S = WNEREAS, the City of Decatur hereinafter known as the City and the State of Illinois, acting by and through its Department of 7ransportatian, Division of Hioh- ways� have entered into an agreement relative to the improven►�nt of the intersection of Decatur and Franklin Streets� Jasper and Lake Shore Drive, anci N�onroe and Harrison Streets, and, WNEREAS, in order t� facititate said improvement� it is necessary for the CITY to adopt an ordinance reguiating encroach�nts on the right of �•�ay for said inprove- ment in accordance with the foltowing definitions: Roada:a� Right of l�lay is defined as those areas existing or acquired by dedi�a- tion or by fee simpte for highway purposes; also, the areas acquired by temporary ease- ment during the time the easement is in effect; . Proiect Riqt�t of Way is defined as those areas within the project right ofi way lines established joently by the CITY, STATE, and the FederaT NighYray Administration. which will be free of encroachments except hereinafter defined; Encroachment is defined as a�y building, fence, sign, or any other stru�ture or object of any kind (with the exception of utilities and public road signs) � ��hich is placed� tocated or ma�ntained in, on, under or over any portion of the project right of way or the roadway right of way where no project right of �ray tine has been es- tabiished. Percnissible Encroachment is defined as any existing awning, marquee, advertising sign or siniiar overhanging structure supported from a building immediately 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 fiow of traffic on the highway; the permissive retention of overhanging signs is not to be �:construed-: as bein� ap- plicable to those signs supported frorn potes constructed outside the project right of way line and not confined by adjacent buildi�gs; Constructian Easement Area is defined as that area lying between the project right of way limits and the platted •street limits within which the CtTY, by concur- �ence in the establishment of the project right of way lines, wi11 permit the STA1'E to enter to perform alt necessary construction operations; � and WNEREAS, representatives of the CITY� the STATE and the Federai Highway Rdminis- tration have, by visual inspection, cooperatively established project right of way lines and have mutually determined the disposition of encroachr�ents. � "EXNIBI7 A"