5828 REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY IN THE CITY OF DECATUR MACON COUNTY, ILLINOIS

Home Browse Search

/ t-y' , � � � � •/ y � ORDINANCE N0. -� �a U AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGNT OF WAY IN THE CITY OF DECATUR MACON COUNTY ILLINOtS WHEREAS, the City of Decatur hereinafter known as the City and the State of illinois, acting by and through its Department of Transportation, Division of Highways, have entered into an agreement relative to the improvement of the int�rsections of F.A. Route 49 with Wood Street, 22nd Street and Eldorado Street (State Section (137Z, 139X-2-I)TS) and F.A. Route 65 (Pershing Road) with t�ater Street and 22nd Street, and, WHEREAS, in order to faciiitate said improvement, it is nece�sary for the CITY to adopt an ordinance regulating encroachments an the right df way for said improvement in accordance with the following definitions: Roadway Right of Way is defined as those areas existing or acquired by dedication or by fee simple for highway purposes; aiso, 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 Admin- istration which wiii be free of encroachments except hereinafter defined; Encroachr��t is d�fined as any buiidiny, fencE, siyn or ariy other struc- ture or object of any kind {with the exception of utili�ies and public road signs) , which is placed, 1Qcated or maintaiRed in, on, under or over any portion of the project right of way or the roadway right of �ay where no project right of way line has been established. Permissibte 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 piatted street where there is a side- walk extending to the buildi�g line and which does not impair the free and safe f low of traff ic on the h ighway; the permiss ive retent ion of overhang ing s igns 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 Easement Area is definsd as that area iying between the project right of way limits and the platted street limits within �rhich the city, by con- currence in the establishment of the project right of way •lines, will permit the State to enter to perform all necessary construction operations; and WHEREAS, representatives of the CITY, the STATE and the Federal Highway . Administration have, by visual inspe ction, cooperatively established project right of way tines and have mutually determined the disposition of encroach►nents. "EXHIBIT 6"