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. ' �. • • . <br /> � � � . . � <br /> . • ORDINANCE tJ4. _��48 - . - . <br /> . • � , <br /> At� ORDt P�A1�CE REGULAT 1 t�lG EtdCP.OACHMFM' O�J PUBLI C <br /> �' RlGF�lT-OF-WAY t�, THE C1TY 0� DECATUR, ' ' <br /> ' MfiCON COUi�.rfY, I LL I t10 i S - " <br /> � � WNEREAS, the City of Decatur hereinafter knovm as the C(TY, and the State <br /> of { tiin�is, acting by and through its Department of Public Works and Buildings, <br /> Division of High:•rays, have entered into an Agreement relative to the impt�ovem�n.�, � _ __ - <br /> of 41ood Street �rom the east curb line of South rlain Street to the west curb line `` <br /> of Franklin Street. <br /> k�FiEREAS, in order to facilitate said improvement, it is necessary for the <br /> CITY to adopt an ordinance reguiating encroachnents on the right-of-Vray for said <br /> improvement in accordance �rit.h the following. definitions: ' <br /> RoadwaY Riqht-of-4•J� is defined as those areas existing or acquired by <br /> c�ediczt;on or by fee simple for highr�ay purposes; also, the areas acquired • <br /> � by temporary easement durin� the time the easenent is in effect; <br /> Proiect F.ic1ht-of-Way is defin�d as those areas within the project right- <br /> of-tlay lines estabiished jointiy by the CITY, STti'fE, and the Federal High- <br /> way Administratian which will be free of encroachments except as here- <br /> inafter definad; � � ' <br /> Encroact�r.►�nt is defined as any buildi�g, fence, sign, or any other struc- <br /> ture or o5ject of any kind (with the excsption of utilities and public �oad <br /> signs} , c•r�ich is placed, ioc�tec! or maintained in, on, under or over any <br /> portion of the project right-of-way ar the roadway right-of-aray where no <br /> proj ect right-ofdaray line has been establisMed. � <br /> Permissible Encroachnent is defined as any existing awning, marqu�e, adver- <br /> tising siyn or similar overhanging structure supported from a building im- <br /> mediately adjacent to the limits of the piatted street wh�re there is a <br /> sidewalk e�:tending to the building line and �lhich does not impair the free <br /> and safe flo:•r of traffic on the highway; the permissive retention of over- <br /> hanging signs is not to be construed as being applicabte to those signs <br /> supported from poles constructed outside the project right-of-way line ar�d <br /> not confined by adjacent buiidings; <br /> Construction Easenent Area is defined as thafi area lying bet►��een the project <br /> right-of-s•�ay t inits and tl�e platted street 1 imits within �oF►ich the CITY, � <br /> by concurrence in the estabii.shment of the project right-of-t,ray tines, will <br /> permtt the STATE to enter to perform a11 necessary construction operations; <br /> and � , <br /> WHEREAS, representatives of the ClTY, the STATE and the Federal Highway <br /> Adcni�istration have, by visual inspection, cooperatively established project <br /> cig�t-of-way lines and have mutually deternined the disposition of encroachments. <br /> �X,�ilj / T .l3 . . ' <br />_..,_.._._.____� . . _----. . .. �_ .,.,._- . <br />