Milford council slows petition to vacate portion of Benally alley after utility, easement questions

The Milford City Council heard public comment on a petition to vacate part of the alley running north–south through Block 5 of the Lewis edition during a July 15 public hearing and decided to delay any action until utilities and easements could be confirmed.

Why it matters: The alley provides access for several backyards and contains utility infrastructure that residents and officials said may cross private property. Owners and the council said vacating the alley without confirming easements or utility locations could create future obligations or require removal of recently added fences and structures.

At the hearing, the city administrator explained how fences and on-site improvements have partially blocked the alley, and that the council had asked staff to notify property owners and utilities about the vacation petition. Resident David Davis said the slope and dumped fill from past road work have made access unclear and that “we have lost access” to parts of the alley. Another resident, identified in the record as Carrie, said she would be “greatly affected by vacating the alleyway” because it limits access to her backyard.

Attorney Kanell advised the council that the relevant statute requires notice to adjoining property owners and to parties with possible easements and that a vacation does not extinguish a valid easement. “Even though we vacated the road, you get … the adjoining property owners get title to their portion that is next to the vacated road, but the easement would still stay there,” he said, urging staff to reach the right contacts at utilities rather than relying solely on mailed notices.

Council members and residents reported no responses yet from South Central (telecommunications), Rocky Mountain Power, and Enbridge (pipeline) after the city sent notices; staff said certified and regular notices had been mailed. Council members repeatedly said the hearing raised more questions than answers and emphasized the need to confirm where utilities actually run and whether franchise agreements or easements apply before acting.

Council direction and next steps: Council members instructed staff to contact South Central and other utilities directly, to locate easement records and relevant franchise agreements, and to avoid further new fences or permanent structures in the alley while the matter is pending. The council agreed to table the petition and place the item on the August agenda after the requested follow-up.

Scope and open issues: Participants noted several practical issues to resolve before any vacation could be approved — utility-line locations, whether utility lines run on private property or in the alley, potential damage to fences or sheds if utility work is required, the alley’s irregular grade after prior construction, and what part(s) of the alley property owners had signed in favor of vacating.

The council did not vote to vacate any portion of the alley at the July 15 meeting; instead the item was deferred for additional research and written responses from utilities and responsible companies.

Ending: Staff said they would contact the utilities and the 2020 contact at South Central to seek clarification and bring findings back to the council for the August meeting.