5540 REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY IN THE CITY OF DECATUR MACON COUNTY, ILLINOIS (BLOOMINGTON ROAD)

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.. . r� , . , _ . . ;�. ` . ' , EX�iIBIT ��Dn ORDINANCE N0, �=� � a AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT OP WAY IN THE CITY OF DECATUR MACON COUNTY�ILLINOIS WHEREAS� the City of Decatur hereinafter known as the CITY� and the State of Tllinois� acting by and through its Department of Public Works and Buildings� Division of Highways� have entered into an agreement relative to the improvement of Bloomington Road (U.S. Route 51� FA Route 2� SBI Route 2� State Section SOR� City Section 143CS)� from south of Northland Drive to Ash Avenue; and� WHEREAS� in order tq facilitate said improvement� it is necessary for the CITY to adopt an ordinance regulating encroachments on the right-of- way for said improvement in accardance with the following definition: Roadwa � R� �' �ht-of,�wa is defined as those areas existing or a'q�,r,�ed by de�ation or hy fee simple for highway purpases; also� the areas acquired by temporary easement during the time the easement is in effects �Pr,o��ec.�t...Ri ht-of-wa is defa.ned as those areas within the project rig" Yit-of-Way - ines established jointly by the CITY� STATE� and the Fedrral Highway Admir�istration which wil]. he free of encroachments except as hereinafter defined; Encroachment i.s defined as any building� fence� sign� or any other structure or object o� any kind (with the exception of utilities and public road signs)� which is placed� located or maintai.ned in, on� under or over any portion of the project a��r��-�+ay� �3' �:.� roadway right-of-way where no project right of way Yin+s has been established; Permissible Encroachment is defined as any existing awning� marquee� a vertising sign or similar overhanging structure supported from a building immediately adjacent to the lim its of the platted street where there is a sidewalk extending to the building line and which does not impair the free and safe flow of traffic on the highway; the permissive retention of overhanging signs is not to be construed as being applicable to those signs supported from poles constructed outside the project right-of-way line and not confined by adjacent buildings; Constxuction Easement Area is defined as that area ly�ta,g between the project right-of-way limits and the platted street limits within which the CITY� bgt Qoncurrence in the establishment of the project right-of-way lines, will permit the STATE to enter to perform all necessary construction a�erations; and�