An ordinance authorizing the acceptance of a completed bridge over railroad tracks belonging to CSX Transportation, Inc. and the acceptance of all accompanying rights-of-way and other easements and improvements to facilitate its use (Proposal No. 2006M-093G-06).

Whereas, pursuant to Ordinance No. BL2002-1121, the Metropolitan Council approved a contract between the Metropolitan Government, CSX Transportation, Inc. ("CSX"), and CPS Land, LLC ("CPS") regarding the construction and acceptance of an overhead bridge over tracks belonging to CSX in support of the Riverwalk Community at Railroad Milepost 00N-16.83; OP#TN0091, in Bellevue, Davidson County, Tennessee; and

Whereas, the bridge has now been completed and dedicated to the Metropolitan Government, along with all accompanying rights-of-way and other easements and improvements to facilitate the bridge's use, as contemplated in BL2002-1121.

Whereas, a Deed of Easement has been executed by the necessary parties which conveys sufficient rights-of-way and other easements to the Metropolitan Government to facilitate the bridge's use, said deed being attached hereto.

Whereas, it is in the best interest of the Metropolitan Government to accept the bridge and all such accompanying rights-of-way, easements, and improvements;

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

Section 1. The Metropolitan Government of Nashville and Davidson County, by and through the Director of Public Property Administration, is hereby authorized to accept the completed bridge over tracks belonging to CSX in support of the Riverwalk Community located at Railroad Milepost 00N-16.83; OP#TN0091, in Bellevue, Davidson County, Tennessee, along with all accompanying rights-of-way and other easements and improvements to facilitate the bridge's use, as contemplated in BL2002-1121 and as reflected in paragraph 10.2 of the contract approved by BL2002-1121, and as specifically described in the Deed of Easement attached hereto and incorporated herein by reference.

Section 2. Said Deed of Easement shall be filed in the Office of the Register of Deeds to evidence its conveyance and acceptance.

Section 3. That any amendments or modification to the acceptance of the bridge or accompanying rights-of-way, easements, or improvements to facilitate the bridge's use may be approved by Resolution of the Metropolitan Council.

Section 4. That all future contracts with CSX, with CPS, or with Riverwalk Development Partners, Inc. (the developer of this project) pertaining to cooperation with and/or permissions for bridge and/or roadway projects in which the Metropolitan Public Works Department participates, may be approved by Resolution of the Metropolitan Council.

Section 5. 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: Charlie Tygard, Parker Toler

Attachment on file in the Metropolitan Clerk's Office

LEGISLATIVE HISTORY
Introduced:	September 19, 2006
Passed First Reading:	September 19, 2006
Referred to:	Budget & Finance Committee Public Works Committee
Passed Second Reading:	October 3, 2006
Passed Third Reading:	October 17, 2006
Approved:	October 18, 2006
By: