5416 REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY IN THE CITY OF DECATUR, MACON COUNTY, ILLINOIS

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, � ' - � , 'y ' ORDINANCS NO. �� / � AN ORDINANCE REGULATING ENCROACHN�NT ON PUBLIC RIC�iT 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 Public Works and Buildings, Division of Highways, have entered into an agree- ment relative to the improvement of Illinois Route 48 (FA Route 65, SBI Route 48, State Section 130R, City Section 137-CS), from south of the intersec- tion of Fairview Avenue (Illinois 48) and Marietta Street to north of the intersection of Oakland Avenue (Illinois 48) and G�shing Street; 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 improvement in accordance with the following defi- nition: Roadway Right of Way is defined as those areas existing or acquired by dedication or by fee simple for highway purposes; also, the areas acquired by temporary easement during the time the easement is in effect; Project 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 will be free of encroachments except as hereinafter defined; Encroachment is defined as any building, fence, sign, or any other structure or object of any kind except utilities and pub- lic road signs which are placed, located or maintained in, on, under or over any portion of the pzoject right of way or the roadway right of way where no project right of way line has been established. Permissible Encroachment is defined as any existing awning, marquee, advertising sign or similar overhanging structure supported from a building immediately adjacent to the limits 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 over- hanging 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; Construction Basement Area is defined as that area lying between the project right-of-way limits and the platted street limits within which the CITY, by concurrence in the establish- ment of the project right-of-way lines, will permit the STATE to enter to perform all necessary construction operations; and,