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Brentwood City Commission Agenda

Meeting Date:	03/09/2020
Res 2020-23 - Authorizing Acquisition and Acceptance of Off-site Sewer Easements for 1537 Franklin Road Office Building Project
Submitted by:	Chris Milton, Water & Sewer
Department:	Water & Sewer

Information

Subject

Resolution 2020-23 - Authorizing Acquisition and Acceptance of Off-site Sewer Easements for 1537 Franklin Road Office Building Project.

Background

As a condition of approval for 1537 Franklin Road Office Building, the project developer is required to extend a sewer line off site across adjacent properties in order to connect to existing sewer infrastructure to provide sewer service to the project site. The off-site sewer has been planned under the direction of the Water Services Department evaluating multiple options to minimize disruption to the adjacent property owners while insuring the City’s ability to provide efficient operations and maintenance of the facilities once installed. The final route selected for the off-site sewer requires the developer to negotiate with two adjacent property owners and obtain a sewer line easement from each. To acquire the easements, the developer must obtain appraisals and negotiate in good faith.

To date, one of the two easements negotiated with the property owner immediately adjacent and to the south of the development, NGU, LLC (Holly Tree Child Care Center) has been acquired. Staff is recommending acceptance of this sewer line easement.

The second easement being negotiated is across a parcel located on the west side of Holly Tree Gap Road and owned by Danna Owen, Qualified Marital Trust. This parcel is associated with the Brentwood Rental business, which leases the land from the owner. The easement being requested is generally 20 feet in width and is located within a 20-foot setback along the parcel’s northern property line. Negotiations between the developer and the owner have been ongoing for an extended period. City staff has been in communication with the owner as well to try and help facilitate the negotiation, but at this point there has been little success.

The developer and City staff will continue to work to obtain the easement outside of a formal condemnation proceeding. However, in accordance with Section 70-3 of City Code, staff is recommending the Board authorize the Mayor, City Manager, and City Attorney to acquire the easement through the City's powers of eminent domain should such action be necessary. Any City expenses associated with such action shall be paid by the developer. A copy of the appraisal for the Owen property is attached for your information.

If approved, this resolution accepts the easement negotiated with NGU, LLC (the daycare) and authorizes the Mayor, City Manager, and City Attorney to acquire the easement across the Owen property up to and including the use of eminent domain with the developer paying the expenses. Attached is an area map depicting the easement area proposed. Please contact Chris Milton, Director of Water Services should you have any questions.

Staff Recommendation

Staff recommends approval.

Previous Commission Action

No previous Commission action on this item.

Fiscal Impact

Attachments
Resolution 2020-23
Site Map
Appraisal Report
Statement from Danna Owen
Signed Resolution