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Consent

Brentwood City Commission Agenda

Meeting Date:	01/23/2017
Resolution 2017-08 - Authorizing Agreement with Tennessee Baptist Children's Homes Inc. for relocation of stone entrance structures
Submitted by:	Roger Horner, Legal
Department:	Legal

Information

Subject

Resolution 2017-08 - Agreement with Tennessee Baptist Children's Homes Inc. for relocation of stone entrance structures

Background

In 1997, the City acted on behalf of the Tennessee Department of Transportation to acquire right-of-way at the Tennessee Baptist Children's Home ("TBCH") property for turning lane improvements on Franklin Road. As part of the acquisition, it was agreed that existing stone entrance structures at the two driveway entrances would be removed and relocated at no cost to TBCH. (A 1997 warranty deed including this commitment is attached.) However, the stone entrance structures were not removed and still remain in what is now part of the right-of-way for Franklin Road.

The City is again in the process of acquiring right-of-way along Franklin Road on the State's behalf in conjunction with the State's plans to widen more than two miles of the road south of Concord Road. To accommodate the State's plans, the stone entrance structures at TBCH must now be removed. Rather than the City performing this work as anticipated in the 1997 warranty deed, TBCH is asking for a cash payment of $50,470.80, based on the estimated cost for relocation of the structures. To corroborate this estimate, the Public Works Department has obtained two other quotes, both of which exceeded the estimate obtained by TBCH.

The Board of Commissioners granted approval for the acquisition of right-of-way and easements for the upcoming widening project in 2005. However, the cost for relocating the TBCH entrance structures relates back to a previous project that was completed some time ago. As such, staff is requesting approval of an agreement with TBCH under which the City will pay $50,470.80 for the stone entrance structures. The agreement also references payments to be made for the new right-of-way acquisition and a utility easement that will facilitate relocation of City water and sewer lines. However, these payments fall under the authority previously granted by the Board for acquisition of right-of-way and easements for the upcoming project. Redesign of the main driveway entrance into the TBCH property is also covered under the proposed agreement, but this work will be handled by the State's contractor as part of the roadway improvements.

Please contact the Public Works Director or the City Attorney if you have any questions about this matter.

Staff Recommendation

Staff recommends approval of the resolution authorizing the agreement with Tennessee Baptist Children's Homes Inc.

Previous Commission Action

Under Resolution 2005-63, the Board of Commissioners authorized the acquisition of right-of-way and easements for construction and maintenance of improvements to a 2.3+ mile section of Franklin Road south of Concord Road.

Fiscal Impact

Amount :	$50,470.80
Source of Funds:
Account Number:

Fiscal Impact:

The cost associated with the stone entrance structures will be charged to the Capital Projects Fund account for the Franklin Road widening project.

Attachments
Resolution 2017-08
TBCH Agreement
TBCH Warranty Deed 1997
Entrance Features Photo
Signed Resolution