ORDINANCE NO. BL2003-1389


An ordinance approving a release of an access restriction limiting access to and from Demonbreun Street to a portion of the property located at 1610 Division Street (Map and Parcel No. 92-16-232).


WHEREAS, by Warranty Deed of record in Book 5085, page 187, Register’s Office for Davidson County, Tennessee, the real property described therein (the “Encumbered Property”) was made subject to an access restriction that provided that “(a)s part of the consideration of the sales price it is hereby agreed by both parties that there shall be no entrance or exits (ramps) from or onto Demonbreun Street, this Restriction shall be binding on the Grantee herein, his Heirs and Assigns.” (the “Access Restriction”); and

WHEREAS, the Access Restriction was designed to benefit the Metropolitan Government by limiting access to Demonbreun Street at or near the intersection of Demonbreun Street, Division Street and 17th Avenue South; and

WHEREAS, as the result of the construction of the Music Row roundabout, the limitation found in the Access Restriction is no longer necessary; and

WHEREAS, the Metropolitan Government desires to release, vacate, cancel and terminate the Access Restriction as to the Encumbered Property.

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

Section 1. That the Director of Public Property is hereby authorized to execute the Release of Access Restriction attached as Exhibit A.

Section 2. That this ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County, Tennessee, requiring it.

Sponsored by: Ludye Wallace, Leo Waters

LEGISLATIVE HISTORY

Introduced: April 1, 2003
Passed First Reading: April 1, 2003
Referred to: Planning Commission
Public Works Committee
Planning & Zoning Committee
Passed Second Reading: April 15, 2003
Passed Third Reading: May 20, 2003
Approved: May 21, 2003
By: Bill Purcell