Residents ask council to delay Ardsen alley vacation over unpermitted drain and easement concerns

East Lansing council opened and closed a public hearing July 15 on a proposal to vacate a platted 15-foot public right-of-way between 533 and 535 Ardsen Road but did not vote that night.

The two property owners who would receive the vacated strip urged the council to delay any formal vacation until a written easement is executed that clarifies access, parking and maintenance responsibilities. Amy Nuttall, owner of 535 Ardsen Road, said she hired an attorney and requested the city "wait until we have signed an easement agreement" so her property would retain clear access to garages and parking and remain marketable.

Public Works Director Ron Lacoste told the council the alley historically connected Ardsen with Glen Haven in the original Ardsen Heights plat. He said the portion between 533 and 535 Ardsen now only serves as a shared driveway and that staff had found a drainage basin and piping they believe were installed without city permission. Lacoste described the intake as located in the public right-of-way and the pipe routing across private property to Glen Haven where it daylighted near the sidewalk.

City Attorney Steve Joepich told council the city has not exercised maintenance or control over the intake and that its apparent private installation and the presence of the outlet on private property would make it difficult for the city to perform maintenance without trespassing on private property. Joepich said: "To this point, the city has done no maintenance of that intake," and that the city's lack of prior maintenance undercuts any argument a court might make imposing maintenance obligations on the city.

Laura Van Wyke, co-owner of 533 Ardsen Road, said she had a different recollection and that "the city did in fact snake that drain at some point" and urged the council to account for that history in any decision.

Nuttall told the council she and her neighbors were working on a drafted easement and asked the council to wait until it was finalized. Council members agreed the next regular meeting in August could be used to allow attorneys for the parties to confer and, if necessary, return with a clear status. Mayor Brookover suggested the parties have their counsel coordinate with the city attorney so the council has an informed record before a final vote.

Why it matters Vacating a platted right-of-way transfers ownership of the strip to adjoining property owners and can shift responsibility for drainage, maintenance and access. Neighbors requested an explicit, recorded easement to protect access and maintenance arrangements before the city abandons the public strip.

What the record shows (clarifying details) - The alley originated in the Ardsen Heights plat as a 15-foot connection to Glen Haven; the portion near Glen Haven appears to have been abandoned historically and split between adjacent owners. - Staff found a plastic-style basin and pipe that staff believes to be private and unpermitted; records showing city ownership or prior acceptance were not found by staff. - The city's engineering staff told council the pipe outlets near the Glen Haven sidewalk and that the city would have to access private property to excavate and repair the conduit.

Next steps Council did not vote on the vacation July 15. Council and staff advised that the parties' attorneys coordinate with the city attorney and that the matter could be revisited at the council's August meeting to allow time to finalize any easement agreement.

Provenance: public hearing record The exchange and public comments are documented in the July 15 meeting transcript and included statements by Ron Lacoste, Laura Van Wyke and Amy Nuttall.

Ending note: The city will not vacate the strip until the council has a clear record of the parties' easement negotiations or otherwise acts at a future meeting.