ORDINANCE NO. BL2012-119

An ordinance authorizing the execution and filing with the Register of Deeds of a Notice of Land Use Restrictions for certain real property as shown in Exhibit I to Exhibit A hereto, located on Tax Map 92-14 and spanning portions of parcels 77, 78 and 86 thereof, adjacent to 28th Avenue North (Proposal No. 2012M-004PR-001).

WHEREAS, the Metropolitan Government of Nashville and Davidson County is the owner of certain real property as shown in Exhibit I to Exhibit A hereto, located on Tax Map 92-14 and spanning portions of parcels 77, 78 and 86 thereof, adjacent to 28th Avenue North, (the “Property”) Proposal No. 2012M-004PR-001; and,

WHEREAS, the Metropolitan Government acquired the Property pursuant to BL2010-756, for use with relation to Project Number 10-R-1, 28th Avenue / 31st Avenue Connector (the “Project”); and,

WHEREAS, in the process of developing the Project and negotiating for the Property, certain portions of the Property will not be used for the Project and will become surplus to Metro once the Project is completed; and,

WHEREAS, based on conditions that existed prior to the Metropolitan Government’s acquisition of the Property, and pursuant to T.C.A. Section 68-212-225 of the Hazardous Waste Management Act of 1983, the Commissioner of the Tennessee Department of Environment and Conservation (“TDEC”) has determined that land use restrictions are an appropriate remedial action at the Property; and,

WHEREAS, the Project has been and is being constructed to comply with said land use restrictions; however, these land use restrictions should be recorded and conveyed with any affected land that is subsequently deeded back to adjacent property owners or sold to others.

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

Section 1. That the Notice of Land Use Restrictions, attached as Exhibit A hereto (Proposal No. 2012M-004PR-001) and incorporated herein, is hereby approved, and the Metropolitan Mayor is authorized to execute the same, and the Director of Public Property Administration is hereby authorized to take necessary action to record the Notice of Land Use Restrictions with the Register of Deeds.

Section 2. Amendments to the Notice of Land Use Restriction may be processed by Resolution.

Section 3. 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: Edith Taylor Langster, Phil Claiborne, Walter Hunt, Sean McGuire

Attachment(s) on file in the Metropolitan Clerk's Office

LEGISLATIVE HISTORY
Introduced:	March 20, 2012
Passed First Reading:	March 20, 2012
Referred to:	Planning Commission Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Passed Second Reading:	April 3, 2012
Passed Third Reading:	April 17, 2012
Approved:	April 19, 2012
By: