Milford council tables decision on petition to vacate portion of alley in Block 5, seeks utility confirmation

The Milford City Council on July 15 opened a public hearing on a petition to vacate a portion of an alley through Block 5 of the Lewis addition and agreed to postpone any final action until city staff confirm whether utility easements or franchise obligations cover the area.

The hearing drew multiple residents and property owners who said fences, a shed and recent surface improvements have complicated access to backyards and raised concerns about whether utilities run through the alley. Lisa, the city administrator, said certified notice had been sent to South Central, Rocky Mountain Power and Enbridge but the city received no substantive response.

Attorney Kanal, the city attorney, told the council the governing statute requires notice to adjoining property owners and to parties with recorded easements and emphasized that vacating a public right-of-way does not automatically eliminate a valid private easement. Kanal said, “Even though we vacated the road, you get the adjoining property owners get title to their portion next to the vacated road, but the easement would still stay there.” He advised the council to contact utilities and get written confirmation from an appropriate easement or franchise representative before approving vacation.

Several residents described how the alley and neighboring properties were altered during older road and drainage work. David Davis, a resident at 129 North 600 West, said fill dirt from past street improvements left a hill that effectively removed access where the alley had been, and that South Central's phone boxes and lines ran across private property rather than in a clear alley easement.

One resident who said she would be “greatly affected” if the alley was vacated asked the council to preserve access or vacate only a portion so property access is maintained. Ben, a city public-works speaker, cautioned that grading the alley to restore access would be difficult where sheds and fences already exist.

Council members and staff referenced a 2020 meeting in which South Central presented maps under a franchise agreement; the mayor suggested pulling that franchise agreement and contacting Todd Bridal Holt, who had been involved in the 2020 work. Council members agreed it would be unwise to approve an ordinance without utility sign-off, noting that utilities often do not respond to mailed notices and that staff should try to reach a company contact who handles easements rather than rely solely on statutory notice.

The council directed staff to contact South Central and other utilities, to confirm franchise and easement locations, and to place the item on the August agenda after staff follow-up. The council also discussed sending a city notice to property owners to stop constructing fences or sheds in the disputed area while the matter is resolved and said they will consider a cease-and-desist if necessary.

The public hearing was closed after the direction to gather documentation; no ordinance to vacate was adopted at the July meeting.