An ordinance authorizing the Director of Public Property Administration to execute the Second Amendment to Declaration of Reciprocal Easements and Restrictive Covenants to modify the restrictive covenants and grant a permanent easement and temporary construction easement across Fire Station #10 located at 15530 Old Hickory Boulevard (Map 161, Parcel 266) and accepting $25,521.00 from BSM Nippers, LLC in consideration for the granting of said easements. (Proposal No. 2005M-018U-12 )

WHEREAS, BSM Nippers, LLC (“BSM Nippers”) is the owner of the real property identified as Lot 1 (Map 161, Parcel 260), Lot 3 (Map 161, Parcel 262), Lot 5 (Map 161, Parcel 264) and Lot 6 (Map 161, Parcel 265) (collectively, the “Shopping Center”) on the Plan of Nippers Corner recorded in Plat Book 7900, page 299, Register’s Office for Davidson County, Tennessee (the “Plan”); and

WHEREAS, the Metropolitan Government is the owner of the real property identified as Lot 7 (Map 161, Parcel 266) on the Plan which is the location of Fire Station #10 (the “Fire Station #10 Property”); and

WHEREAS, all the lots shown on the Plan are subject to the Declaration of Reciprocal Easements and Restrictive Covenants (the “Original Declaration”) recorded in Book 8481, page 863, Register’s Office for Davidson County, Tennessee, as amended by the First Amendment to Declaration of Reciprocal Easements and Restrictive Covenants (the “First Amendment”) recorded in Book 11058, page 846, Register’s Office for Davidson County, Tennessee (the Original Declaration and the First Amendment are collectively referred to as the “Declaration”); and

WHEREAS, BSM Nippers has proposed certain modifications to the Declaration which would (i) grant BSM Nippers a permanent easement for access and parking over the Fire Station #10 Property which is shown on the drawing hereto as Exhibit A and described in Exhibit B, which are incorporated herein, (ii) grant BSM Nippers a temporary construction easement to construct access and parking improvements on the Fire Station #10 Property which is shown on the drawing hereto as Exhibit A and described in Exhibit C, which is incorporated herein, and (iii) modify certain restrictions in the Declaration applicable to the lots shown on the Plan (or a portion thereof); and

WHEREAS, in order to accomplish these modifications to the Declaration, BSM Nippers, Moore & Ayala Properties, LLC and Mountain Grove, LLC have executed the Second Amendment to Declaration of Reciprocal Easements and Restrictive Covenants, (the “Second Amendment”), a copy of which is attached hereto as Exhibit D and is incorporated herein; and

WHEREAS, the value of the permanent easement contemplated herein was determined to be $19,796.00, and the value of the temporary construction easement contemplated herein was determined to be $5,725.00; and

WHEREAS, BSM Nippers proposes to pay $25,521.00 to the Metropolitan Government, of which $19,796.00 is for the permanent easement and $5,725.00 is for the temporary construction easement; and

WHEREAS, the Fire Department has determined that the granting of the proposed permanent easement and the proposed temporary construction easement would not adversely affect the usage of the Fire Station #10 Property; and

WHEREAS, approving the Second Amendment and granting the proposed permanent easement and the proposed temporary construction are deemed to benefit the general public and BSM Nippers.

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

SECTION 1: That the grant of a permanent easement for access and parking to BSM Nippers over the Fire Station #10 Property which is shown on Exhibit A and described in Exhibit B, and the grant of a temporary construction easement to BSM Nippers to construct access and parking improvements on the Fire Station #10 Property which is shown on Exhibit A and described in Exhibit C is hereby approved.

SECTION 2. The Second Amendment is hereby approved, and the Director of Public Property Administration is hereby authorized to execute the Second Amendment.

SECTION 3: The Metropolitan Government accepts $25,521.00 from BSM Nippers for the granting of these easements.

SECTION 4: Any future amendments to the Declaration and any changes to the easements granted herein must be approved by resolution of the Metropolitan Council.

SECTION 5: 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: Randy Foster, Rip Ryman, Diane Neighbors, Jim Shulman

LEGISLATIVE HISTORY
Introduced:	December 21, 2004
Passed First Reading:	December 21, 2004
Referred to:	Planning Commission - Approved 7-0 (January 13, 2005) Budget & Finance Committee Public Safety Committee Planning & Zoning Committee
Passed Second Reading:	January 18, 2005
Passed Third Reading:	February 1, 2005
Approved:	February 2, 2005
By: