The Board approved a resolution authorizing an agreement with Uptown S.E.Q. Holdings LLC to allow an existing building overhang to remain within a Metropolitan Sewer District (MSD) easement at the Uptown Gateway development on the corner of Martin Luther King Jr. Drive and Redding Road.

MSD staff said the 20-foot easement contains a 24–30 inch sewer at its center. The building’s overhang sits about 45 feet above ground and encroaches approximately 1–2 feet into the easement edge. MSD told the board the configuration represents low risk to the sewer and to access for maintenance. The approved agreement allows the overhang to remain but requires the current owner and any subsequent owners to assume responsibility for any damage to the sewer or for impediments to MSD access.

Why it matters: Standard MSD rules generally prohibit structures in easements above sewers; the board can approve exceptions when risks are small and property-specific mitigation or indemnity language protects the utility.

Action and vote: The item was presented by MSD and approved on the regular agenda after prior review; commissioners voted yes (unanimous).

Clarifying details
- Easement width: 20 feet.
- Sewer diameter: described by MSD as 24–30 inches in the center of the easement.
- Overhang: approximately 45 feet above ground and intrudes 1–2 feet into easement edge.
- Owner responsibility: Agreement requires owner and successors to assume liability for any sewer damage or access impediment.

Discussion versus decision: Decision — the board authorized the exception/agreement. MSD and administration said they reviewed the risk and concluded the encroachment is low risk and acceptable with owner indemnification.

Proper names: Metropolitan Sewer District (MSD); Uptown S.E.Q. Holdings LLC.