An ordinance authorizing the grant of an easement to BellSouth Communications, Inc. at the southwest corner of Owen Bradley Park to install a fiber optic switching station, Map 93-13, Parcel 129, and accepting $7,000 in consideration therefore (Proposal No. 2005M-001U-10).

Whereas, the Metropolitan Government, through the Department of Parks (the “Department”), owns a parcel of property (the “Property”) at Owen Bradley Park, located at Music Square East and Division Street in the Music Row area; and

Whereas, BellSouth Communications, Inc., proposes to purchase an easement for an eighteen (18) foot by twenty (20) foot area on the extreme southwest corner of the property running along an alleyway, as shown as Exhibit A and incorporated herein by reference (the “easement”), for the sum of seven thousand dollars ($7,000); and

Whereas, BellSouth Communications, Inc., proposes to fully landscape around the easement pursuant to the Department’s approval; and

Whereas, the easement is consistent with the Department’s use of the Property; and

Whereas, the easement is deemed to benefit the general public and BellSouth Communications, Inc., and the value of the conveyance contemplated herein was determined to be $7,000.00.

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

Section 1. That the proposed utility easement located on Map 93-13, Parcel 129, is hereby authorized to be granted to BellSouth Communications, Inc., to be used as a platform pad supporting metal cabinets, to allow BellSouth to convert fiber optics communication lines to copper wire communication lines.

Section 2. The Director of Parks and the Director of Public Property Administration are hereby authorized to execute the appropriate instruments to carry out the grant of this easement.

Section 3. The Metropolitan Government hereby accepts $7,000.00 from BellSouth Communications, Inc. for the granting of this easement, and that amount will be deposited in the Parks Revenue Fund No. 10101.

Section 4. BellSouth Communications, Inc. agrees to plant shrubbery that has been approved by the Department on the location of the easement.

Section 5. Any amendments to this grant of easement must be approved by resolution of the Metropolitan Council.

Section 6. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Ludye Wallace, Brenda Gilmore, Mike Jameson, David Briley

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