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Council holds Harper Street abandonment, approves Old Quaker Lane partial abandonment after easement change
Summary
After public hearings, the council held the Harper Street abandonment to allow city staff and petitioners to reconcile a disputed permanent utility easement; a separate Old Quaker Lane partial-abandonment was passed in amended form with a city easement clause removed.
The Warwick City Council opened public hearings on two separate street-abandonment petitions from the Public Properties, Land Use and Community Affairs Committee and took different actions on each.
Harper Street: the council held the Harper Street abandonment petition until the May 5 meeting after petitioners and city staff identified a disagreement over a recommended perpetual utility easement that engineering had asked to retain. Attorney John C. Revans, representing the abutters, told the council the petitioners had paid an appraised fee based on a clean fee simple appraisal and that a perpetual easement would reduce the property’s value and “we wouldn't be interested in the property with that kind of a restriction on it.” Planning director Tom Kravitz said engineering had included a standard recommendation to retain a perpetual easement for future utilities, and acknowledged the memo reached applicants through the planning process; engineering had noted the comment in a May 2024 memorandum.
Council members said the discrepancy warranted additional time for the applicant and city staff to reconcile valuation and easement language before the council acted. The council voted to hold the Harper Street matter to the May 5 meeting so both sides could confirm whether the city would insist on retaining a perpetual utility easement and, if so, whether the appraisal and purchase price should be revisited.
Old Quaker Lane: petitioners for a small partial abandonment adjacent to Old Quaker Lane sought to purchase a small parcel used by a nearby business. The petitioner’s counsel said the appraiser and purchase agreement assumed a fee-simple conveyance without a blanket easement; planning staff recommended the petition move forward but city engineering again suggested retaining a perpetual easement. Council discussion noted this was a partial abandonment that would not affect the paved travelway. The petitioner said the parcel was needed to site a small structure for an environmentally upgraded car wash.
Council members amended the abandonment order to remove the perpetual utility-easement clause (item 6 in the draft order). The amended abandonment then passed first passage on a roll-call vote recorded as eight yes votes for favorable action as amended.
Why it matters: both matters involve permanent changes to rights of way and transfer of municipal land. The Harper Street case was held to allow the city and petitioners to reconcile the appraisal basis with the city’s requested easement. In the Old Quaker Lane case, council members accepted staff assurances that the partial abandonment would not compromise the roadway or nearby drainage and removed the blanket-easement reservation so the petitioner could proceed with the intended improvement.
Next steps: Harper Street will return to the council May 5 with updated staff-applicant discussions; Old Quaker Lane advances to subsequent council action as an amended abandonment order.
