ORDINANCE NO. BL2009-550

An Ordinance approving an agreement between The Metropolitan Government of Nashville and Davidson County and the owner of 4906 Colorado Avenue, granting easement rights for property located adjacent to 4906 Colorado Avenue, Nashville, Tennessee (Planning No. 2009M-089ES-001).

WHEREAS, The Metropolitan Government of Nashville and Davidson County (“Metro”) is the owner of the property known as McCabe Park and Dennis R. and Tammy M. Roth (“Grantee”) own property at 4906 Colorado Ave; and,

WHEREAS, Metro is constructing a Greenway and installing a fence at McCabe Park adjacent to Grantee’s property; and,

WHEREAS, Metro has agreed to permit the Grantee to use the Metro property as shown in Exhibit A for access to the Grantee’s property at 4906 Colorado Ave; and,

WHEREAS, it is to the benefit the citizens of The Metropolitan Government of Nashville and Davidson County that this agreement be approved,

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

Section 1. That the agreement between Metro and the Grantee granting easement rights be
approved and authorized for execution by the Metropolitan Mayor.

Section 2. Should any court of competent jurisdiction declare any section, clause, or provision of this ordinance to be unconstitutional, such decision shall affect only such section, clause or provision so declared unconstitutional, and shall not affect any other section, clause or provisions of this ordinance, it being the express intent of the Metropolitan County Council of The Metropolitan Government of Nashville and Davidson County that the remainder of this ordinance continue in full force and effect.

Section 3. That any amendments to this Ordinance shall be approved by resolution of the Metropolitan Council receiving twenty-one affirmative votes.

Section 4. That this ordinance shall take effect from and after its adoption, the welfare of
The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Lonnell Matthews, Jason Holleman

LEGISLATIVE HISTORY
Introduced:	October 6, 2009
Passed First Reading:	October 6, 2009
Referred to:	Planning Commission Parks Committee Planning & Zoning Committee
Passed Second Reading:	October 20, 2009
Passed Third Reading:	November 17, 2009
Approved:	November 19, 2009
By: