ORDINANCE NO. BL2000-427

An ordinance authorizing the conveyance to Metropolitan Government of Nashville and Davidson County of an easement and park improvements located between Fourth and Fifth Avenues adjacent to the Hilton Suites Hotel.

WHEREAS, through a Declaration of Covenants and Easements (Hilton Suites Parking Garage) of record in Deed Book 10960, Page 277, Register’s Office for Davidson County, Tennessee (the "Declaration of Easements"), the Metropolitan Development and Housing Agency created and declared an easement for a public park and plaza (being the "Plaza Easement" as defined in the Declaration of Easements) on property known as Lot No. 3 as shown on the Plan of Phase 2, Nashville Arena of record in Plat Book 9700, page 249 (the "Property") to facilitate the construction of underground public parking facilities and a public plaza and park area on the Property adjacent to the Hilton Suites Hotel (being the "Plaza Improvements" as defined in the Declaration of Easements); and

WHEREAS, the Plaza Improvements are being constructed in accordance to the requirements of 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 Park 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 acceptance by the Metropolitan Government of Nashville and Davidson County, Tennessee of the Plaza Improvements and Plaza Easement (collectively the "Park Property") owned by the Metropolitan Development and Housing Agency, being described in the Declaration of Covenants and Easements (Hilton Suites Parking Garage) of record in Deed Book 10960, Page 277, Register’s Office for Davidson County, Tennessee (the "Declaration of Easements") located on property known as Lot No. 3 as shown on the Plan of Phase 2, Nashville Arena of record in Plat Book 9700, page 249 (the "Property") as shown on Exhibit A attached hereto, subject to the terms of, and together with the rights of the Metropolitan Development and Housing Agency’s under, 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 Park 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.

Section 3. This Ordinance shall take effect from and after its adoption, the welfare of the Metropolitan Government of Nashville and Davidson County, Tennessee requiring it.

Sponsored by: Ludye Wallace

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LEGISLATIVE HISTORY

Introduced: September 19, 2000
Passed First Reading: September 19, 2000
Referred to: Planning Commission - Approved 6-0 (10/12/00)
Budget & Finance Committee
Parks & Recreation Committee
Planning & Zoning Committee
Passed Second Reading: October 3, 2000
Passed Third Reading: October 17, 2000
Approved: October 18, 2000
By: Mayor Bill Purcell