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Brentwood City Commission Agenda
Meeting Date: 07/09/2018  
Resolution 2018-57 - Modification of Metro Water Services Sewer Easement Across a Portion of Owl Creek Park
Submitted by: Kirk Bednar, Administration
Department: Administration  

Information
Subject
Resolution 2018-57- Modification of Sewer Easement Across a Portion of Owl Creek Park Granted to Metro Water Services. The easement is intended to allow for the construction of a public sewer line to provide service to The Heights subdivision, a new project that was originally approved by the Planning Commission on December 4, 2017.  The proposed project is located at 9744 Concord Road, across from Owl Creek Park.  
Background
At its regular meeting on January 9, 2018, the Board of Commissioners granted a sewer easement to the Metro Nashville Water Services across a portion of Owl Creek Park to allow for sewer service to "The Heights" subdivision.  The project is located at 9744 Concord Road and was approved by the Planning Commission at its December 4, 2017 meeting.  A revised preliminary plan was also approved by the Planning Commission at their April 3, 2018 regular meeting.  A copy of the original preliminary plan, the revised plan and the approval letters are attached. Both preliminary plans were approved, contingent upon the granting of the proposed sewer easement by the Board of Commissioners.  Please note that sewer service in the area is provided by Metro Nashville, while water service is provided by the Nolensville College Grove Utility District. 

In mid-December, several members of the staff met with CPS Land, the developer of the property, at the park to discuss a routing plan for the proposed sewer easement.   It was determined that at least two mature trees must be cut down within the proposed easement area to accommodate the improvement. The developer has agreed to replace these trees and any other mature trees that might also require removal during construction.  

The original easement description approved in January included an area of approximately 6,744 square feet or 0.15 acres. The proposed centerline of the easement lies approximately 51 feet from the western property boundary of the park on the north side and ends at an existing manhole located approximately 35 feet from western property boundary at its terminus. The existing manhole connects to an existing sewer line that runs in a east/west direction.  The plan shows the proposed alignment to include an eight-inch diameter sanitary sewer line, which would be installed under Concord Road and extended approximately 268 feet, more or less (MOL), to a new manhole.  The easement will continue another 65 feet MOL to an existing manhole, located between the existing walking trail and the western property boundary of the Owl Creel Park. The easement shall be 20 feet wide.    

It was  recently discovered that the original easement description assumed an incorrect southern right-of-way line for Concord Road.  In addition, the routing of the sewer line must be adjusted to include a short section of sewer line, approximately 125 feet in length running east-west and a second manhole.  The developer originally proposed for this east-west section of sewer line and the manhole to be in the Concord Road ROW beneath the multi-use trail.  Because the depth of the manhole would have required extensive excavation and closure of the trail for an extended time period, staff instead asked the developer to move this portion of the sewer work down the slope and onto the park property.  The net result of these changes is an additional easement area encompassing at total of 10,016 square feet or 0.23 acres.  As noted, this area is located in the slope adjacent to the multi-use path, and there are currently no park improvements in this area and no plans for future improvements.

CPS Land has agreed to compensate the City an additional $2,183.00, in addition to the $4,500.00 that was previously approved ($6,683.00 total, for the entire easement) which is based on the same per square foot compensation agreed to at the time the original easement was approved. The compensation for the easement will be provided within ten days of closing on the property.  A revised easement agreement and description is attached.

Should you have any questions or require additional information, please contact the Planning and Codes Director.  
Staff Recommendation
Staff recommends approval of Resolution 2018-57.  
Previous Commission Action
At their January 9, 2018 regular meeting the Board of Commissioners approved Resolution 2018-02, granting a sewer easement to Metro Water Services to serve the Heights Subdivision.  

Fiscal Impact
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Fiscal Impact:
The City will receive compensation from the developer in the amount of $6,683 for the entire easement area.
Attachments
Resolution 2018-57
Location Map
Exhibit -- The Heights Sewer Easement
Easement
Revised Sewer Easement Agreement with CPS
Preliminary Plan Set -- 12-4-2017
PC Approval Letter -- 12-2017
Revised Preliminary Plan -- 4-2018
Approval Letter -- 4-2018
Original Exhibit & Description -- From Resolution 2018-02
Signed Resolution
Recorded Easement

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