ORDINANCE NO. BL2000-387

An ordinance authorizing the conveyance of real property located at 120 Third Avenue North to the Metropolitan Government of Nashville and Davidson County (Map 93-6-2, Parcel 37).

WHEREAS, the Metropolitan Development and Housing Agency owns certain property located at 120 Third Avenue North known as Lot No. 2 as shown on the First Revision, A Portion of Tract 76A, Capitol Mall Redevelopment Plan, of record in Plat Book 9700, page 706 (the "Property"); and

WHEREAS, through a Declaration of Covenants and Easements of record in Deed Book 11268, Page 281, Register's Office for Davidson County, Tennessee (the "Declaration of Easements"), the Metropolitan Development and Housing Agency created and declared various easements to facilitate the construction of underground public parking facilities and a public plaza and park area on the Property (being the "Plaza Improvements" as defined in the Declaration of Easements); and

WHEREAS, the Plaza Improvements are being constructed in accordance to and in cooperation with the Metropolitan Parks and Recreation Department; and

WHEREAS, the Metropolitan Parks and Recreation Department has agreed to maintain the Plaza Improvements upon completion of construction and conveyance to the Metropolitan Government; and

WHEREAS, the Director of Public Property Administration is authorized to cause the Property to be accepted by conveyance from the Metropolitan Development and Housing Agency to the Metropolitan Government, subject to the approval of the Metropolitan Council and Mayor.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. The Metropolitan Council approves the following property owned by the Metropolitan Development and Housing Agency to be accepted by the Metropolitan Government of Nashville and Davidson County, Tennessee: Map 93-6-2, Parcel 37, being legally described as Lot No. 2 on the First Revision, A Portion of Tract 76A, Capitol Mall Redevelopment Plan, of record in Plat Book 9700, page 706 as shown on Exhibit A attached hereto (the "Property"), subject to the terms of, and together with the rights of the Metropolitan Development and Housing Agency's under, that certain a Declaration of Covenants and Easements of record in Deed Book 11268, Page 281, Register's Office for Davidson County, Tennessee (the "Declaration of Easements").

Section 2. With the understanding that nothing shall be deemed to require the Metropolitan Government to perpetually maintain a public park on the Property except to the extent provided by the Declaration of Easements, the Director of Public Property Administration is hereby authorized to cause the Property to be included and made a part of the Metropolitan Nashville and Davidson County Parks System, and to execute any documents related thereto upon satisfactory completion of construction of the Plaza Improvements.

Sponsored by: Ludye Wallace

LEGISLATIVE HISTORY

Introduced: August 1, 2000
Passed First Reading: August 1, 2000
Referred to: Planning Commission - Approved 10-0
Budget & Finance Committee
Parks & Library Committee
Planning & Zoning Committee
Passed Second Reading: August 15, 2000
Passed Third Reading: September 19, 2000
Approved: September 21, 2000
By: Mayor Bill Purcell