Agenda

Back to Calendar Return

Consent

Brentwood City Commission Agenda

Meeting Date:	09/27/2021
Ordinance 2021-21 - Acknowledging Acquisition of 18 (+/-) Acres Approximately One-Half Mile West of Hillsboro Road for the Planned Sewer Pump Station Storage Facility and the Granting of an Easement to Hillsboro Road Partnership on Adjacent Land
Submitted by:	Kristen Corn, Legal
Department:	Legal

Information

Subject

Ordinance 2021-21 - Acknowledging Acquisition of 18 (+/-) Acres Approximately One-Half Mile West of Hillsboro Road for the Planned Sewer Pump Station Storage Facility and the Granting of an Easement to Hillsboro Road Partnership on Adjacent Land

Background

In February 2020, the Board of Commissioners authorized the Mayor, City Manager, and City Attorney to negotiate for, institute eminent domain proceedings, and/or to institute or intervene in any other necessary legal actions for the acquisition of land and easements necessary for the Brentwood pump station storage facility project. An agreement has been reached for the City to purchase 18.015 acres of land from Hillsboro Road Partnership for the amount of $819,500, and the process for the City to close on the land is underway.

The land being acquired by the City is shown on Attachment A. As you will also see on the survey, there currently exists a driveway adjacent to the north end of the property being purchased by the City. That strip of land was acquired by the City in 1995 through condemnation proceedings, and it has crossed Hillsboro Road Partnership's land since that time. As part of the discussions for the acquistion of the new property, Hillsboro Road Partnership requested an easement along this city owned driveway so that it may access the remaining parcel by this driveway. The access easement area is shown as the hatched area on Attachment A. The easement document is currently being finalized by the City Attorney and the attorney for Hillsboro Road Partnership, but the agreed upon concepts are as follows:

Hillsboro Road Partnership will be able to use the easement area for vehicular and pedestrian access to its adjacent property.
Hillsboro Road Partnership will have the right to construct up to two curb cuts and related improvements connecting to the Easement Area in locations as approved by the City. This is to allow for access to any future lots resulting in subdivision of the land. However, if the land is subdivided into more than five lots, this access is limited to secondary access only.
Hillsboro Road Partnership will reimburse the City for any damage to the easement area above normal wear and tear that is caused by its use.

Although authority was previously authorized by the Board of Commissioners for these actions, because our Code provides that land (other than rights-of-ways and easements) must be acquired by ordinance, staff has prepared the attached ordinance to formally ratify the acquisiton of new land and the granting of the easement for the purposes of the planned sewer pump station storage facility.

Should you have any questions or require additional information, please contact the City Manager, Water Services Director, or City Attorney.

Staff Recommendation

Staff recommends approval of Ordinance 2021-21.

Previous Commission Action

Ordinance 2021-21 passed unanimously on first reading at the September 13, 2021 meeting.

The Board of Commissioners authorized the Mayor, City Manager, and City Attorney to pursue eminent domain and/or take other actions necessary for the acquisition of property for the sewer pump station storage facility on February 10, 2020.

Fiscal Impact

Attachments
Ordinance 2021-21
Attachment A
Signed Ordinance