5347 REGULATING ENCROACHMENT ON PUBLIC RIGHT-OF-WAY IN THE CITY OF DECATUR, MACON COUNTY, ILLINOIS

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�.' ,. , . ,,, � ORDINANCE NO. �:5�y��-�' AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT-OF-WAY IN THE CITY OF D�CATUR, 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 �tibrks and Buildings, Division of Highways, have entered into an Acreement rela- tive to the improvement of U. S. Route 36, (FA Route 49, SBI Route 121, State �ection 139X-2-I, City Section 138-CS), from 831 feet west of 27th Street to 645 feet east of 27th Street, and from 500 i'eet west of North Country Club Road, to 584 fee� east of North Country Club Road; 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 improveme.nt in accordance with the follo�.vin g definitions : Roadway Right-of-Way is defined as those areas existing or acquired by dedication or by fee simple fo r highway purposes; also, the areas acquired by temporary easement durin g the time the easement is in ef- fect; Project Right-of-Way is defined as those areas within the project right-of-way lines established jointly by the CITY, STATE, and the United States �reau of Public Roads which will be free of encroach- ments except as hereinafter defined; Encroachment is defined as any building, fence, sign, or any other structure or object of any kind (with the exception of utilities 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 established. Permissible Encroachment is defined as any existing auming, marquee, advertising sign or similar overhanging structure supported from a buildin g immediately adjacent to the limits of the platted street where there is a sidewalk extending to the building line and u�ich does not impair the free and safe flow of traffic on the highway; the permissive retention of overhanging signs is not to be construed as being applicable to those signs supported from poles constructed out- side the project right-of-way line and not confined by adjacent build- ings; Construction Easement 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 establishment of the project right-of- way lines, will permit the STATE to enter to perform all necessary con- struction operations; and