ORDINANCE NO. BL2016-127

An ordinance authorizing the disposition of surplus property and the licensing of that property for temporary use pending its disposition (Proposal No. 2016M-003PR-001).

WHEREAS, Ordinance No. BL2013-597 (the “Acquisition Ordinance”) authorized the acquisition by negotiation or condemnation of certain property rights on a portion of 32 parcels located between 4th Avenue South and 8th Avenue South, for use in public projects of The Metropolitan Government of Nashville and Davidson County (the Metropolitan Government); and,

WHEREAS, pursuant to the authority granted by the Acquisition Ordinance, and after unsuccessful negotiations, the Metropolitan Government filed a Petition for Condemnation (the Condemnation Action) against Greyhound Lines to acquire a portion of a parcel of real property at 709 5th Avenue South (the “Property”), as well as a slope easement and temporary construction easement (all as shown on Exhibit A) for use in connection with the Division Street Extension Project (the “Project”); and,

WHEREAS, the Metropolitan Government owns a tract of land located on Davidson County Tax Map 93-14, Parcel 455, also known as 518 Ash Street, and shown on Exhibit B (the “Remnant Tract”), part of a larger parcel of property also acquired in connection with the Project; and,

WHEREAS, the Remnant Tract is not needed for the Project, or any other public purpose, and therefore it has been determined by the Metropolitan Government to be a remnant and surplus property; and,

WHEREAS, disposition of the Remnant Tract, whether through its conveyance to Greyhound in connection with resolution of the Condemnation Action or otherwise, and licensing its interim private use pursuant to an agreement substantially in the form of the document attached as Exhibit C, would be in the best interest of the Metropolitan Government.

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

Section 1. The Director of Public Property Administration is hereby authorized to dispose of the Remnant Tract by quitclaim deed approved by the Director of Law for cash consideration equal to its fair market value or for property rights of equivalent value and to execute such other documents as may be necessary to carry out the transactions approved by this ordinance.

Section 2. The Director of Public Property Administration is hereby authorized permit the private use of the Remnant Tract pending its disposition pursuant to a license agreement in substantially in the form of the document attached as Exhibit C.

Section 3. Any amendment to this ordinance may be approved by resolution of the Metropolitan Council.

Section 4. 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: Freddie O'Connell, Bill Pridemore, Jeremy Elrod, Burkley Allen

View Exhibit

LEGISLATIVE HISTORY
Introduced:	February 2, 2016
Passed First Reading:	February 2, 2016
Referred to:	Planning Commission - Approved Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Passed Second Reading:	February 16, 2016
Passed Third Reading:	March 1, 2016
Approved:	March 2, 2016
By:

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