Planning Commission recommends abandonment of sanitary sewer easement in Masonbrook subdivision with conditions

The Murfreesboro Planning Commission on July 9 recommended that City Council approve the abandonment of a sanitary sewer easement located east of Florence Road in the Masonbrook subdivision.

Holly Smith presented the mandatory referral on behalf of staff while Matthew Blomley is on vacation. Smith said Castle Rock Communities, the applicant, proposes to relocate sanitary sewer lines into the public right-of-way and to abandon the recorded easement after the new lines are installed. Water Resources staff reviewed the request and recommended conditional support; the abandonment would not be recorded until replacement lines are in place.

Smith summarized three conditions in the staff report: the applicant must (1) provide required legal descriptions and maps for the instrument, (2) submit the instrument for final legal department review, and (3) record the abandonment instrument and pay associated recording fees. Smith also said no building final (certificate of occupancy) could be issued that relies on the abandoned sewer until the new lines are in service.

Commissioners asked no substantive questions and voted to recommend approval to City Council, subject to the staff conditions. The vote was recorded as unanimous in favor: Commissioners Sablewater, Carroll, Harris, Prince, Rollins and Wright, and Chair Ken Halliburton voted aye. The commission—note indicated the city will withhold recording of the abandonment instrument until the relocated sewer is installed and accepted by Water Resources.

The matter will be transmitted to City Council for final action; staff will provide the legal descriptions and coordinate the legal review and recording steps with the applicant.