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Lyons council adopts ordinance vacating unimproved east–west right-of-way in Block 9
Summary
After a public hearing, the Lyons City Council unanimously passed Ordinance No. 775 to vacate the unimproved east–west right-of-way within Block 9 (lots 4,5,6,8,9,10,11). Utility staff said utilities will remain accessible; the ordinance is available in pamphlet form.
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Mayor Kyle Brink and the Lyons City Council voted unanimously on Nov. 12 to adopt Ordinance No. 775, vacating the platted, unimproved east–west right-of-way within Block 9 (lots 4, 5, 6, 8, 9, 10 and 11).
The action followed a short public hearing in which Utility Supervisor Terry Ueding told the council he had no objection to the proposed vacation because the utility department would still be able to access existing utilities. With no verbal or written objections from the public, the council closed the hearing and proceeded to suspend the statutory rule requiring three readings and then voted to pass the ordinance (motion to suspend rules by Council member Kyle Phillips, seconded by Council member Allen Steinmeyer; passage motion by Council member Tyler Vacha, seconded by Council member Kyle Phillips). The roll-call vote recorded AYES from Steinmeyer, Carr, Phillips and Vacha; NAYS: none.
Why it matters: Vacating the right-of-way transfers title of the platted strip to the owners of the abutting lots listed in the ordinance and may simplify property lines and future maintenance responsibilities. The ordinance notes that owners of the abutting real estate ‘‘shall take title to the right-of-way so vacated’’ and that it will be published in pamphlet form.
The council record indicates the ordinance has been passed, approved and made available in pamphlet form. The city did not record any objections or legal restrictions raised during the hearing; Utility Supervisor Ueding’s statement that utilities will remain accessible was the only operational clarification recorded.
