An ordinance amending the Official Street and Alley Acceptance and Maintenance Map, and authorizing the execution of documents necessary to execute and convey certain surplus right of way and contiguous property to the adjacent property owner, Lifeway Christian Resources of the Southern Baptist Convention (Proposal No. 2005M-0727-09).

Whereas, Lifeway Christian Resources of the Southern Baptist Convention has requested the abandonment of a right of way and certain contiguous property along Commerce Street between 8th Avenue North and 9th Avenue North, as depicted on the Exhibit attached hereto and incorporated herein; and

Whereas, the Metropolitan Government acquired a portion of the right of way and property in fee simple by Warranty Deed of record in Book 6349, Page 701, Office of the Register of Deeds for Davidson County, as part of the relocation of Commerce Street; and

Whereas, the Metropolitan Government has no present or future need for the right of way or continguous property, and the same has been declared surplus; and

Whereas, the Metropolitan Government, for compensation, is willing to convey its interests in the right of way and contiguous property to the adjacent property owner, Lifeway Christian Resources of the Southern Baptist Convention, retaining certain easements; and

Whereas, it is in the public interest to transfer said surplus right of way and contiguous property to the adjacent property owner.

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

Section 1. That the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County be and hereby is amended, as follows:
That the surplus right of way along the North side of Commerce Street from Eighth Avenue North to Ninth Avenue North, all of which is depicted on the Exhibit attached hereto and incorporated herein, is hereby closed.

Section 2. That the Director of the Public Works Department be and is hereby authorized and directed to cause said foregoing change to be made on said Map, and to make notation thereon of reference to the date of passage and approval of this amendatory ordinance.

Section 3. That the Director of the Public Property Administration is authorized to execute any such quitclaim deed and other documents as may be necessary and appropriate to carry out the abandonment of right of way and transfer of contiguous property, for compensation, as depicted on the Exhibit attached hereto and incorporated herein, to Lifeway Christian Resources of the Southern Baptist Convention.

Section 4. That the Metropolitan Government of Nashville and Davidson County hereby retains easements in and on the entirety of the surplus right of way and contiguous property for it, its agents, servants, and contractors, to enter, inspect, maintain, repair, create, expand, construct, alter, protect, install, and remove utilities thereon, whether or not said utilities presently exist. Such retained easement rights shall include unrestricted access to existing utilities and future utility installations with all costs associated with the removal of any improvements to such property to be born by Lifeway Christian Resources of the Southern Baptist Convention.

Section 5. That in the event there is proposed any construction over, above, or under utilities in the surplus right of way or contiguous property, said construction shall require the approval of the Director of Water and Sewerage Services, the Director of Public Works, and the Nashville Electric Service.

Section 6. That 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

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LEGISLATIVE HISTORY
Introduced:	April 5, 2005
Passed First Reading:	April 5, 2005
Referred to:	Planning Commission - Approved Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Passed Second Reading:	April 19, 2005
Substitute Introduced:	May 17, 2005
Passed Third Reading:	May 17, 2005
Approved:	May 19, 2005
By: