ORDINANCE NO. BL2005-849

An ordinance abandoning a 20 foot drainage easement and authorizing the acceptance of a replacement 20 foot drainage easement, on Map 181, Parcel 011.00, Project No. 04-DL-0762, Darsino's Retail Center, and authorizing the execution of the documents necessary to effectuate the same (Proposal No. 2005M-007G-12).

WHEREAS, a 20 foot drainage easement, more particularly described in the plans for Project No. 04-DL-0762, Darsino's Retail Center, on record in the department of Water and Sewerage Services and incorporated herein by reference, is no longer being used by the Department of Water and Sewerage Services nor any other public utility; and

WHEREAS, a grant of a certain 20 foot drainage easement to replace the existing 20 foot drainage easement has been executed by the respective property owner and offered to the Metropolitan Government of Nashville and Davidson County; and

WHEREAS, the easement to be abandoned and the easement to be accepted are located on the property described in the Exhibits hereto; and

WHEREAS, the easement to be accepted is further described in the Metropolitan Water and Sewerage Services Department's plans on file for Project No. 04-DL-0762, Darsino's Retail Center, and the easement is for the purpose of that stormwater project; and

WHEREAS, The Metropolitan Planning Commission approved this mandatory referral No. 2005M-007G-12 on January 13, 2005.

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

SECTION 1. That the Metropolitan Government hereby abandons the 20 foot drainage easement shown on Map 181, Parcel 011.00, Project No. 04-DL-0762, Darsino's Retail Center, as indicated on Exhibit 1 hereto, and the Director of Water and Sewerage Services and the Director of Public Property Administration are authorized to execute such documents as may be necessary and appropriate to carry out the abandonment.

SECTION 2. The Metropolitan Government of Nashville and Davidson County, by and through the Director of Public Property Administration, is hereby authorized to accept from the respective property owner the easement located on the property described in Exhibits hereto, and described in the Metropolitan Water and Sewerage Services Department's plans on file for Project No. 04-DL-0762 for the purposes of that project, which plans and Exhibits are incorporated herein.

SECTION 3. The easement shall be filed in the Office of the Register of Deeds to evidence its acceptance.

SECTION 4. 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: Parker Toler

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LEGISLATIVE HISTORY

Introduced: November 1, 2005
Passed First Reading: November 1, 2005
Referred to: Planning Commission - Approved
Planning & Zoning Committee
Public Works Committee
Passed Second Reading: November 15, 2005 
Passed Third Reading: December 6, 2005 
Approved: December 8, 2005 
By: