ORDINANCE NO. BL2016-128

An ordinance authorizing the exchange of surplus property for acquiring additional land to be used for the Public Works Department’s Division Street Extension Project (Proposal No. 2016M-004PR-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 (“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 Ronald Wenzler to acquire a portion of real property at 800 Ewing Avenue (the “Property”), as well as a 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 acquired a separate tract of land for use in connection with the Project, an approximately 6,586 square for portion of which (the “Remnant Tract”) (as shown on Exhibit B) will not be needed for any public purpose after the Project’s completion except for a 10 foot wide maintenance easement (as shown on Exhibit B); and,

WHEREAS, the Remnant Tract and the Property are of comparable value taking into account damages caused by the Project to the remainder of Ronald Wenzler’s property; and,

WHEREAS, the disposition of the Remnant Tract through its conveyance to Ronald Wenzler in connection with a resolution of the Condemnation Action 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 convey the Remnant Tract to Ronald Wenzler, subject to the ten foot maintenance easement to be retained by the Metropolitan Government, as shown in Exhibit B, attached hereto and incorporated herein, in exchange for the acquisition of the Property and associated easements, as shown in Exhibit A, to the Metropolitan Government by Wenzler and resolution of all issues in the Condemnation Action. The Director of Public Property Administration is also authorized to execute such other documents as may be necessary to carry out the transactions contemplated in this ordinance.

Section 2. Any amendment to this ordinance may be approved by resolution of the Metropolitan Council.

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: 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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