Utility easements have led Mount Vernon's Municipal Planning Commission to recommend against approving a Kirk Street property owner's request to vacate a platted alley. The commissioners met on Jan. 9.
According to the meeting minutes, Shane Fillhart of 201 Kirk St. requested the commissioners vacate the platted alley between Kirk Street and McKenzie Street. He believed utilities no longer used the property because a utility pole had been installed from a different direction.
The minutes packet reveals that Law Director Rob Broeren said there are four utility easements in the alley. City Engineer Brian Ball noted that a 12-inch sewer easement extends the entire length of the alley. Broeren mentioned that other utilities with easements include gas, telephone, and electric services.
He added that the electric company has not taken steps to extinguish its easement. Ball emphasized that although the platted alley is not used as a road or driving surface, the 12-inch sewer main installed underground requires continued access, prohibiting any structures or gates in the easement.
Broeren also indicated uncertainty about whether gas lines or fiber-optic lines are underground in the easement, expressing ongoing concerns about vacating alleys where utilities are located. He advised caution with the request.
Safety-Service Director Tanner Salyers cited the Ohio Revised Code, which states that public utility companies and other easement holders retain their rights to maintain, operate, or remove infrastructure located in the vacated area unless explicitly relinquished by agreement. Even if a municipality vacates an alley, existing easements typically remain in effect.
The minutes packet reported that Fillhart explained his reason for requesting the city vacate the alley was due to its lack of utilization during his 12 years of ownership and maintenance of the property.
