5974 REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY IN THE CITY OF DECATUR MACON COUNTY, ILLINOIS

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� � / � • � . ' _ + . - . `.,ri,:'�A',�� ' �C�� . � ORDtNANC£ NO.� �� . AN ORDIt�ANCE REGULAT{NG EidCROACHMENT QN PUBLIC RIGHT QF WAY IN THE CITY OF DECATUR MACON COUNTY, I L!.i N 01 S ' WHEREAS, the Ci�y of Decatur hereinafter known as the City and the SLate of Iltinois, aeting by and through its Department of Transportation, Division of Highways, have entered i�to an agreement relative ,to the improvement of Jasper Street from Garfieid Avenue to Pershing Road (FA Raut� 65) and, WHEREAS, in order to facilitate said irnprovement, it is necessary for the C17Y to adopt an ordinance reguiafing encraachments on the right of way for said improvement in accordance with the following definitions: Roadway Riqht of Wax is defined as those areas existing or a�guired by dedieatiion or by fee simpie for highway purposes; a)so, the areas acquired by - temporary easement during the time the easement is in effect; Pro�ecY Right of 41aLr is defined as those areas within the project right of way lines established jointly by the C1TY, STA�E, and the Federa3 Highway Admin- istration which wiil be fr�e of encroachments except hereinafter defined; ' �ncroachment is defined as any buiiding, fence, sign or any other struc� ture or ob_�ect of any kind (with the exceptic,n of urii ities and pubt ic road - s igns) , wh ich i s pl aced, iocated or ma i�ta ined i r�, or�, under or over any port iun af the project right of way or ti�e roacfway right of way where no prajec;t riyht of reay line has been established. . Permissible Er,croachr�ent is defined as any existing awnings marquee, � adve rtising sigr, or sirnilar overhanging structure suppor�ed f rom a bui7ding _. icmr�diateiy adjacent to the t imits of the platLed street where there is a siee� walk extendir�g to the builcii;�y iine and which does not impai� the free and safe f low of traff ic on the h ighway; the permi ss iva retent ion of overhanq ing s i�ns is not to b� construed as being appiicable �o those signs supported from poles eonstructed outside the project right of way iine and not confinPd by ar#,jacent buildings; , � Construction Easernent Area is defineci as that area lyi�g b�tween the pr�- ,jeet right of way limits and the platted stre�t liiniLs within which the City, by toncurrence in the estabiishr,aent of tne Froject right of way lines, wiil permit the State to enter to perform al ] necessary constructian operatians; and � WNEREAS, representatives of the CITY, the S7ATE and the Federat lii�hway Admi�istration have, by visuai inspection, caoperativeiy estabiisl�ed proj�ct right of way iines and have mutually determined the dispasition of encroach� me�ts.