HomeMy WebLinkAboutA001 - memo regarding request for abandonment of alley MEMORANDUM
TO: Mayor and Members of City Council
FROM: Stephen B. Veitch< Ib�
DATE: March 2, 1978
SUBJECT: Request for Abandonment of Alley South of South Second
Street, East of High Avenue
This item originally appeared on the February 7 , 1978,
City Council Agenda. At that time, the City Manager was
directed to discuss the intended use of the alley with
Clarence Martin, the person making the request, and report
back to Council.
I met with Mr. Martin on February 27 and inspected the
site with him. I then consulted the Public Works Department
and Electric Utility to determine what present and future
utility uses involve the alley. I have prepared the attached
sketch of existing and potential conditions on the site.
The sketch shows streets, property lines, the existing
structure on Mr. Martin' s property, and existing Electric
Utility facilities. According to the City Assessor' s office,
Mr. Martin owns all the land surrounding the alley; Lots
1, 2, 3 and 6 of Block C of Kingsbury' s Second Addition,
and approximately nine acres labeled as "Lot 1, Section 11"
on the sketch. The only purpose which the alley is presently
serving is access to Mr. Martin' s padmount transformer by
the radial electric distribution line running south from
the main distribution line on South Second Street. This is
an overhead line which becomes an underground tie from the
southern pole to the transformer. No other utilities exist
in the alley and the likelihood of any future utility use is
remote, according to the Public Works Department.
Mr. Martin indicates that his primary reason for seeking
to acquire the alley is to facilitate potential expansion of
his building. The building is somewhat skewed with respect
to the west line of the alley, and Mr. Martin fears that
northerly expansion at a consistent allignment would cross
the property line at some point. Lots 1 and 2 are the only
easily buildable areas remaining on the property (due to
flood elevations) , and ownership of the alley is desirable
to Mr. Martin for this reason. However, the electric
distribution line would remain as a consideration.
Mayor and Members of the City Council
Page Two
March 2 , 1978
If the alley is vacated and deeded to Mr. Martin, the
City should retain an adequate easement for the distribution
line as long as the building service remains where it is
presently located. This will restrict the use of the space,
unless the service and transformer are moved or the radial
line is put underground.
Common sense tells us that we should think twice before
abandoning rights-of-way or easements since they are far
more expensive to acquire a second time than they were the
first. However, this location, in view of the proximity of
the flood plain and the opinion of the Public Works
Department, does not appear to be essential to any future
public purpose. On this basis, there are no serious objections
to proceeding with abandonment provided that the following
conditions are met:
1. That a 10-foot electric utility easement is
retained for the length of the alley.
2. That the easement agreement stipulate that no
structures or trees will be permitted in the easement
area.
3. That all standards set out by the National
Electric Safety Code and National Electrical Code
with respect to clearance be observed in all future
construction plans.
4 . That Mr. Martin agree, should it ever become
necessary or desirable to underground the radial
line, that such undergrounding work will be done at
his expense and that such work may require under-
grounding of the entire radial line (north and south)
due to line stress considerations and space limitations
with respect to pole anchoring. The undergrounding of
the line would probably make amendment of the easement
agreement appropriate.
Council should be reminded of the City Attorney' s comments
on the conveyance process. The alley does not automatically
revert to the adjoining owner upon vacation. Public hearings
will be required on both the vacation and proposed sale, and
while the City can negotiate with just one party, the terms
of sale are subject to challenge. Any specific questions on
this process should be referred to the City Attorney.
SBV:kle
z.c. Terry V. Sprenkel, Robert J. Bartolotta, Darrel Weber,
John Klaus
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