5548 REGULATING ENCROACHMENT ON PUBLIC RIGHT-OF-WAY IN THE CITY OF DECATUR, MACON COUNTY, ILLINOIS (WOOD STREET)

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. �. • ' . 4 � � � � � . • . . ' ' a � ORDIPdANCE td0. �� - . � �� - ' � , . A�1 ORDt�1At�CE REGULATltlG EPICP.OACHM�F�f'- Otd PUaIIC RlGtfi-OF-WF�Y It: THE C1TY 0�' DECATUR, • � • • MACON COUFli'Y, t LC(t!D f S - � � � � WHEREAS, the City of Decatur hereinafter known as the CITY, and the State of Illin�is, acting by and through its Department of Pubiic Works and Buildings, Division of High�:rays, have entered into an Agreement relative to the improver�ent of 41ood Street �ro�r� the east curb 1 i ne of South Ma i n Street to the a�est curb 1 i ne of Franklin Street. WNEREAS, in order to facilitate said improvement, it is necessary for the �{TY to adopt an ordinance regulating enct-oachmants on the right-of-way for said , improvement i n accordance �ri t.h the fot lowi ng. def i n i t i ons: - ` Roa�way Right-of-,•!ay is definec! as those areas existing or acquired by I dedication or ny fee simple for highway purposes; also, the areas acquired � by temporary easement during the time the easenent is in eifect; Project P, c�ht-of-Way is defined as those areas within the project right- of-aray lines established jointly by the CtTY, STkTE, and the Federai High- way AcSr�inistratiun which wil � be free of encroachments except as here- �nafter defined; Encroac��nt is defined as any buitding, fence, 51�(ls or any other struc- ture or oSject of any kind (tivith the exception of utilities and public road signs) , �vhich is piaced, locateii or maintained in, on, under or over any portion of the project right-of-way or the roadway rigi�t-of-��ray vrhere no project right-of�way line has been established. � Permissible Ercroachment is defined as any existing awning, marquee, adver- tising sign or similar overhanging structure supported from a building im- mediately adjacent to the timits of the platted street where fihere is a sidewalk extencEing to the building line and which does not impair the free and safe fto�•r of traffic on the highway; the permissive retention of over- hanging signs is not to be construed as being applicabte to those signs � supported from poles constructed outside ths project right-of-way line ar,d not confined by adjacent buildings; . Construction Easement Area is defined as that area lying betV�een fihe project right-of-c•�ay limits and the platted street limits within which the CITY, • . � by concurrsnce in the establi.shment of the project r�ight-of-ti�ray lines, wili perm�t the STATE to enter to perform all necessary construction operations; ancF . , . WNEREAS, representatives of the CITY, the Si'ATE and the Federat Highway Administration have, by visuai inspection, cooperatively established project �ight-of-way lines and have mutually determined the disposition of encroachments.