SUBSITITUTE ORDINANCE NO. BL2012-120

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 on Exhibit B to Exhibit 1 hereto, located within the right of way of Korean Veterans Boulevard adjacent to Tax Map 09307005400 and between the Cumberland River and the CSX spur track (Proposal No. 2012M-005PR-001).

WHEREAS, the Metropolitan Government of Nashville and Davidson County is the owner of certain real property as shown in Exhibit B to Exhibit 1 hereto, located in the right of way of Korean Veterans Boulevard adjacent to Tax Map 09307005400 and between the Cumberland River and the CSX rail spur track, (the “Property”) Proposal No. 2012M-005PR-001; and,

WHEREAS, the Metropolitan Government acquired the Property pursuant to a Warranty Deed from Elise Steiner Small, Emily Ann Magid and Shelby Land Company, LLC, of record as Instrument No. 20011024-0116468, for right of way for the Korean Veterans Boulevard; and,

WHEREAS, the Riverfront Concept Plan was completed in 2007 for the purpose of developing the east bank of the Cumberland River into an asset for the Metropolitan Government; and,

WHEREAS, the Metropolitan Council approved $30 million in funding for initial phase of the projects listed in the Riverfront Concept Plan, including the Cumberland Park, the NABRICO building and NABRICO gardens and the east bank River Lawn; and,

WHEREAS, the a portion of the Cumberland Park has been constructed on the Property; 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.

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 1 hereto 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: Phil Claiborne, Walter Hunt

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
Substitute Introduced:	April 3, 2012
Passed Second Reading:	April 3, 2012
Passed Third Reading:	April 17, 2012
Approved:	April 19, 2012
By: