ENACTED 05/19/1998

WHEREAS, W. E. Mason and Hazel Mason were the owners of certain real property located in Davidson County, Tennessee (the "Property"); and,

WHEREAS, the Masons desired to develop the Property for commercial purposes in accordance with its zoning classification; and,

WHEREAS, the Metropolitan Department of Public Works is undertaking certain improvements to the drainage basin to the south of the Property known as Metro Project No. 84-PW-028 to which the drainage from the Property flows (the "Drainage Project"); and,

WHEREAS, the Department of Public Works has agreed that the improvements to the drainage basin downstream from the Property will alleviate the necessity of the owners of the Property constructing and maintaining a retainage basin on the Property; and,

WHEREAS, the Masons are willing to assist in the financing of the Drainage Project; and,

WHEREAS, the Department of Public Works is requiring as a condition for the Masons to obtain a permit for ingress/egress onto Hicks Road from the Property that the Masons or their assignees improve Hicks Road by adding a turn lane in accordance with certain engineering specifications; and,

WHEREAS, the Masons transferred their interest in the Property to John B. Jewell III and James W. Jewell by Special Warranty Deed of Record in the Register's Office of Davidson County, Tennessee, at Deed Book 10788, page 416, on February 9, 1998; and,

WHEREAS, the Masons have tendered to the Metropolitan Government the sum of $20,000.00 in partial satisfaction of their obligation under the agreement between the Masons and the Metropolitan Government attached hereto, and have assigned to the Jewells all other rights and responsibilities arising thereunder; and,

WHEREAS, it is in the best interest of the Metropolitan Government to enter into the agreements attached hereto.

SECTION 1. (a) The attached agreement between the Metropolitan Government and W. E. and Hazel Mason is approved, and the Metropolitan Mayor is authorized to execute the same.

(b) As of the effective date of this Ordinance, the Metropolitan Government is authorized to accept from the Masons the amount of $20,000.00 to be applied to Project No. 84-PW-028.

SECTION 2. The attached agreement between John B. Jewell III and James W. Jewell and the Metropolitan Government, together with the addendum thereto, is approved and the Metropolitan Mayor is authorized to execute same.

SECTION 3. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Vic Lineweaver