Agenda

Back to Calendar Return

Consent

Brentwood City Commission Agenda

Meeting Date:	10/09/2017
Ordinance 2017-20 - Authorizing Agreement with Andrew and Marianne Byrd for Acquisition of Property and Access Easement for City Facilities
Submitted by:	Roger Horner, Legal
Department:	Legal

Information

Subject

Ordinance 2017-20 - Authorizing Agreement with Andrew and Marianne Byrd for Acquisition of Property and Access Easement for City Facilities

Background

The City owns a water tank and a communications tower on a site adjacent to Robert E. Lee Lane. The existing communications tower replaced an earlier tower that has now been removed. The City's facilities are surrounded by property now owned by Andrew W. Byrd and Marianne Menefee Byrd.

In 2008, it was discovered that a portion of the water tank and the original tower encroached onto the Menefee property. To eliminate the water tank encroachment and to acquire the additional property needed for the replacement tower, the City negotiated an exchange of property with Valere Menefee, the owner of the property at that time. Ordinance 2008-05 authorized the acquisition of two small parcels ("Tract 1," consisting of 0.031 acres and "Tract 2," consisting of 0.053 acres.) The ordinance also authorized the conveyance of a City-owned parcel ("Tract 3," consisting of 0.122 acres to Mrs. Menefee.) Tract 3, which was surrounded entirely by Mrs. Menefee's property, was apparently acquired as a possible site for an additional water tank, but it was subsequently determined that the City had no use for this tract. In addition, a payment in the amount of $2,500 was to be made to Mrs. Menefee.

The replacement communications tower was erected with the property owner's consent. However, as Mrs. Menefee's health failed, the property exchange anticipated by Ordinance 2008-05 was never finalized.

The City now plans to build a second communications tower near its existing facilities as part of a pending project with the Williamson County Joint Communication Network Authority. In the interest of clearing up the encroachment of the existing City facilties and accommodating the new tower, staff has negotiated a new agreement with Mr. and Mrs. Byrd, the current property owners. The agreement again provides for Mr. and Mrs. Byrd to convey Tract 1 and Tract 2 to the City in the same configuration as in 2008, along with an easement that will be used by the City for access to the water tank and the towers. As previously agreed with Mrs. Menefee, a payment of $2,500 will be made to the Byrds by the City. However, at the Byrds' request, ownership of Tract 3 will remain with the City.

Ordinance 2017-20 authorizes the proposed agreement with Mr. and Mrs. Byrd. A copy of the agreement is attached, along with a property survey. In addition, a copy of Ordinance 2008-05 is attached, along with the backup memorandum supporting that ordinance.

The ordinance was passed on first reading on September 25. Because the proposed agreement anticipates installation of a public facility on the site, the ordinance will be reviewed by the Planning Commission on October 2.

Please advise the City Attorney if you have any questions about this matter.

Staff Recommendation

Staff recommends passage of the ordinance authorizing the proposed agreement with Mr. and Mrs. Byrd.

Previous Commission Action

On March 24, 2008, Ordinance 2008-05, authorizing the exchange of certain properties at or near Robert E. Lee Lane, was passed on final reading.

Ordinance 2017-20 passed unanimously on first reading at the September 25, 2017 Board of Commissioners meeting.

Fiscal Impact

Amount :	$2,500
Source of Funds:	Capital Projects Fund
Account Number:	311-45300-6004

Fiscal Impact:

Funding for this property transfer will be provided from the Radio System Upgrade project in the Capital Projects Fund.

Attachments
Ordinance 2017-20
Agreement with Andrew and Marianne Byrd
Survey
Aerial of Property with Access Easement Location
Ordinance 2008-05
Ordinance 2008-05 Backup Materials
PC Review Memo -- Ord. 2017-20
Signed Ordinance