Milford council hears objections, tables petition to vacate part of Benally alley pending utility easement review

Milford City Council opened a public hearing July 15 on a petition to vacate part of the alley running north–south through Block 5 of the Lewis Addition, then agreed to postpone any final action while staff and the city attorney confirm utility easements and related franchise documentation.

The issue drew multiple residents with concerns about backyard access, fences and utility lines. “I would be greatly affected by vacating the alleyway because they don't have access to my backyard,” said a resident who identified herself during the hearing. David Davis of 129 North 600 West told the council the area behind his home was raised with fill during past road work, and he said that altered access and obscured where the alley was located.

City Administrator Lisa told the council she had notified utilities — South Central, Rocky Mountain Power and Enbridge — but received no substantive responses. Attorney Kanal advised the council that state statute requires notice to adjoining owners and to parties with easements, and that a valid easement would survive any vacating of the alley. Kanal recommended direct follow-up with utility easement managers because mailed notices to corporate addresses often do not reach the technical staff who can evaluate easements.

Council members pressed staff to verify whether utility infrastructure (copper or fiber lines) actually occupies the alley or abutting private property, and to check the city’s franchise agreement with South Central, which could affect where lines were installed and whether prior work was done under that agreement. One resident said South Central’s cable/phone boxes and lines run across private property behind homes, not in the alley, complicating access and repair questions.

Given unanswered questions about where lines are located, whether existing fences or sheds conflict with easements, and the potential for utilities to remove structures built over their easements, the council voted to table the petition. Mayor K. said staff would contact the utility contacts they used during the fiber project (including Todd Bridal Holt) and return with documented responses and any required franchise-agreement references for the August agenda.

No ordinance or final vacation was adopted at the July meeting. Council members emphasized that owners should halt further fence or shed construction in the alley area until the city completes its review and notifies property owners of any interim actions.

The council instructed staff to obtain written responses from utilities (or documented contact attempts) and to provide a clearer map of the alley, existing easements and any past public-works fill that changed grade in the area.

If utilities confirm existing easements, attorney Kanal said easements would remain in place even if the city vacates a portion of the alley; adjoining property owners would receive title to adjacent portions but that title would remain subject to easement rights.