Commission vacates alley between D and E Streets with perpetual easement for drainage

The City Commission on Aug. 4 voted to vacate the alley located between D and E Streets (between Second and Third avenues), approving the applicant’s petition while preserving a perpetual easement for stormwater infrastructure.

Planning & Zoning staff reported the request had been heard by the planning board the previous month, which recommended approval while adding the condition that no development or improvements occur in the alley because drainage equipment is present. Jennifer Thompson, planning staff, said roughly 75% of adjacent property owners returned approvals; a few did not respond.

Applicant Fred Bueno, who lives at 203 D Street, told the commission he and his neighbors supported the vacation. Neighbor Daniel Hebert, 207 D Street, spoke in support. Public Works staff and Director Russell advised the commission that a swaled drainage area and associated maintenance access occur along the rear property lines and recommended language preserving city access rights.

Commission action: a commissioner moved to approve the alley vacation “subject to the recommendation of the planning board and perpetual easement for the city's infrastructure needs.” The motion was seconded and passed unanimously.

Why it matters: Alley vacations transfer fee simple title from a public street corridor to private ownership unless easements or conditions are reserved. In this case the city preserved a perpetual easement to protect maintenance access to stormwater infrastructure.

Next steps: The city will record the alley vacation with reservation of the perpetual easement and maintain access for inspection and maintenance of the swale and drainage features.