An ordinance abandoning a portion of easements and drainage system previously conveyed to the Metropolitan Government, Jackson Downs Commercial/Mathews Partners, Map 85, Part of Parcel 55, Project No. 66-S-53-F and 95-SL-76 and Map 85-7, Parcels 92, 93, 110, and 205 of Project No. 02-WL-78. (Proposal No. 95M-072U) (Proposal No. 2002M-059U-14).

WHEREAS, Mathews Partners, Inc. is the owner of real property encumbered by sewer and drainage easements; and,

WHEREAS, the tract of land over which these portions of easements are located, is being developed by Jackson Downs Commercial/Mathews Partners; and,

WHEREAS, Jackson Downs Commercial/Mathews Partners will install a new sewer and drainage system which adequately serves Jackson Downs Commercial/Mathews Partners Development and the neighboring properties; and

WHEREAS, A portion of the easements will no longer be used by the Department of Water and Sewerage Services, as shown on the plans of Project No. 66-S-53-F, more particularly described on the plans of Project No. 95-SL-76 and Project 02-WL-78 on record in the office of the Director of Water and Sewerage Services, said plans are made a part hereof as though copied herein; and

WHEREAS, all parties are agreeable to the abandonment and relocation of the public sewer and drainage easements of Project No. 95-SL-76 and Project No. 02-WL-78, Jackson Downs Commercial Subdivision on Mathews Partners, Inc. property and have approved the conversion of the public sewer and drainage system; and,

WHEREAS, The Metropolitan Planning Commission of Nashville and Davidson County approved the abandonment and relocation of said sewer easements on June 15, 1995, 95M-072U and the water and drainage easement and conversion on June 7, 2002, 2002M-059U-14.

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

SECTION 1: That the sewer, water, and drainage lines easements shown on the attached plat, Map 85, Part of Parcel 55, Project Nos. 66-S-53-F and 95-SL-76, and Map 85-7,Parcels 92,93,110 and 205 of Project No 02-WL-78 are declared abandoned, upon completion installation and acceptance of proposed relocation. Metropolitan Government agrees to abandon the existing lines and easements. The below signed are hereby authorized to execute the appropriate instruments to carry out such abandonment.

SECTION 2: That this ordinance shall not take effect until a new adequately sized public sanitary sewer and drainage system is built, at the expense of the petitioner, inspected and approved by the Director of Water Services and dedicated by plat along with an appropriate easement to the Metropolitan Government, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Amanda McClendon

AMENDMENT NO. 1

TO

ORDINANCE NO. BL2002-1170

Mr. President:

I move to amend Ordinance No. BL2002-1170 by:

1. Amending Section 1 by deleting the last sentence in its entirety and substituting in lieu thereof the following new sentence:

“The Director of Water and Sewerage Services and the Director of Public Property Administration are hereby authorized to execute the appropriate instruments to carry out such abandonment.”

2. Deleting Section 2 in its entirety and substituting in lieu thereof the following new Section 2:

“The abandonment authorized by this ordinance shall not become effective until a new adequately sized public sanitary sewer and drainage system is built, at the expense of the petitioner, inspected and approved by the Director of Water and Sewerage Services, and dedicated by plat along with an appropriate easement to the Metropolitan Government.”

3. Adding the following new section to be designated as Section 3:

“That this ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.”

Sponsored by: Amanda McClendon, Bruce Stanley

LEGISLATIVE HISTORY
Introduced:	August 20, 2002
Passed First Reading:	August 20, 2002
Referred to:	Planning Commission - Approved 6-0 (05/23/02) Public Works Committee Planning & Zoning Committee
Amended:	September 17, 2002
Passed Second Reading:	September 17, 2002
Passed Third Reading:	October 1, 2002
Approved:	October 3, 2002
By: