SUBSTITUTE ORDINANCE NO. BL2002-1132

A substitute ordinance approving the conveyance, subject to certain retained easements, of a fee simple interest in one parcel of real property and a permanent easement in a second parcel to the Nashville & Eastern Railroad Authority in connection with construction of the Gateway Boulevard project.

Whereas, the Metropolitan Government owns a parcel of real property comprising approximately 220.77 square feet (“Parcel 1”) more fully described in the deed attached and incorporated into this ordinance as Exhibit A; and

Whereas, the Metropolitan Government owns second parcel of real property comprising approximately 127.73 square feet (“Parcel 2”) more fully described in Exhibit A; and

Whereas, Parcel 1 and Parcel 2 are adjacent to the Gateway Boulevard project (the “Project”); and

Whereas, construction of the Project has made necessary the relocation of tracks and associated equipment of the Nashville & Eastern Railroad Authority; and

Whereas, conveyance of a fee simple interest in Parcel 1 to the Nashville & Eastern Railroad Authority, subject to the Metropolitan Government’s retention of a temporary construction easement and a permanent easement for certain uses of the space above said parcel, pursuant to the terms set forth in Exhibit A, will facilitate construction of the Project; and

Whereas, conveyance of a permanent easement in Parcel 2 to the Nashville & Eastern Railroad Authority will facilitate construction of the Project.

Now therefore, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1: That the Director of Public Property is hereby authorized to execute the attached deed to the Nashville & Eastern Railroad Authority.

Section 2: That 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: Amanda McClendon

Exhibit A

LEGISLATIVE HISTORY

Introduced: July 16, 2002
Passed First Reading: July 16, 2002
Referred to: Planning Commission - Approved 7-0 (4/11/02)
Public Works Committee
Planning & Zoning Committee
Passed Second Reading: August 6, 2002
Passed Third Reading: August 20, 2002
Approved: August 21, 2002
By: Bill Purcell