5336 REGULATING ENCROACHMENT ON PUBLIC RIGHT-OF-WAY IN THE CITY OF DECATUR, MACON COUNTY, ILLINOIS (PERSHING ROAD)

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_ � � ` + `�. ORDINANCE NO. 5336 A?�1 ORDIPdANCE RE�;C?LATIlVG EIlTCROPCHN�NT ON PUBLIC RIGHT-OF-[+IAY Ir�T 2HE CITY OF DECATUR, MACON COUNTY, ILLINOIS WHEREAS, the City of Decatur hereinafter re.ierre� to as the CITY, and the State of Illinois, actin g by and through its Department of Public t�Torks and Buildin gs, Division of Highways, have entered into an Agreement relative to the improvement of Pershing Road ( Illinois Routes 48 and 121, 1'r; :'��ate 72, SBI Route 121, State Sect=ions 135R and 135BR-1, City Section 136-C.S. ), from �Vilson Avenue �o west of Main Str2et ; an�, WI�EREAS, in order to facilitate said improvement, it is necessary for the CITY to adopt an ordinance regulating encroachments on the right-of-wray for said improvement in accordance with the follour�ng d�finwtion: Koadway Right-of-��lay is defined as those areas existing or acquired by dedication or by iee simple for highway purposes; also, the areas acquired by temporary easement durinr *he time ��e easement is i.n ef_- fect ; Project Right-o�-?,tiay is defined as thos� arPas within the project right-oa-�vay lines established jointly by tne CITY, STATE, an� tne Unite� States 3ureau of Public Roads �vhicli u�ill be free of encroach- �n�nts except as ?.�reina�ter de�ined; Encroachment is d�fined as any builoi,�g, fence, sign, or any other structur� or object of any kind (with the exception of utilzties and public road signs}, which is placed, located or maintained, in, on, under or over any portion of the project right-of-way or the roadway right-of-way where no project right-of-way line has been estai�lished; Permissible Encroachment is defined as any e::.isting awning, marquee, advertisin g sign or similar overhanging structure s�.zpported from a building immediately adja�ent to the limits of the platted street w�her_e there is a sidewalk e xtending to the building line and which does not impair the free and safe flow of traffic on the highway; the permissive retention of ovarhanging signs is not to be construed as bQing applic- able to those signs supported from poles constructed outside the proj�ct ri�ht-of-vray line and not confined by adjacent buildings; Construction Easement Rrea 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 establishment of the project rig:zt-of- tuay lines, will permit the �TATE to enter to perform all necess�ry con- struction operations;