ORDINANCE NO. BL2017-651

An ordinance approving a participation agreement between the Metropolitan Government and Centurion Products, Inc., regarding the Centurion Stone development and the right-of-way needed for the construction of Tufting Court.

WHEREAS, the Metropolitan Government desires to encourage economic development within the Metropolitan Government area; and,

WHEREAS, a parcel of previously undeveloped property located on Cockrill Bend Industrial Road, Parcel Number 07900001000 (the Centurion Property) in the Cockrill Bend area of The Metropolitan Government of Nashville and Davidson County was recently acquired by James D. Kay, Jr., Trustee of the Pardue 7201 Dynasty Trust Dated August 16, 2016 (the Pardue Trust); and,

WHEREAS, Mr. Tim Pardue is the President of Centurion Products, Inc, a Tennessee corporation, doing business under the assumed name “Centurion Stone” (Centurion Stone); and,

WHEREAS, the Centurion Property is leased by the Pardue Trust to Centurion Stone; and,

WHEREAS, Centurion Stone plans to develop the Centurion property for commercial use, which will create jobs and enhance economic development; and,

WHEREAS, Centurion Stone’s predecessor-in-interest in the Centurion Property, the State of Tennessee, had previously dedicated a 60’ easement for public right of way along the Eastern edge of the Centurion Property for an as yet unbuilt road to be called Tufting Court (the ROW Easement), from the Cockrill Bend Industrial Road to the centerline of a TVA transmission line which ends in a cul de sac as shown on the Plat for Subdivision No. 67-239-U, recorded in Plat Book 4174, Page 3 of the Register’s Office for Davidson County; and,

WHEREAS, in designing their plans for the development of the Centurion Property, Centurion realized it needed the Westernmost 20’ of the 60’ ROW Easement for parking and other improvements for the development, as shown on the drawing attached as Exhibit A to the Participation Agreement, attached hereto as Exhibit I; and,

WHEREAS, in order to make this commercial development possible, and to obtain the economic development benefits that would ensue from that development, the Metropolitan Government wishes to abandon the Westernmost 20’ of the 60’ ROW Easement so that that 20’ strip would revert to Centurion Stone and thereby facilitate its development; and,

WHEREAS, at the same time, the Metropolitan Government, Centurion Stone and the owner of the property on the other side of the ROW Easement for Tufting Court, the State of Tennessee, all see the advantage of paving Tufting Court so that it becomes a usable, vehicular right of way; and,

WHEREAS, the remaining 40’ of ROW Easement that would remain might not be wide enough for the construction and paving of Tufting Court; and,

WHEREAS, an additional 20’ of ROW Easement could be added to Tufting Court along its Eastern edge by the owner of that property, the State of Tennessee (the Additional 20’), which would again provide a full 60’ of width for the construction of the road; and,

WHEREAS, the cul de sac for Tufting Court as platted may need to be redesigned to work around an existing TVA easement, and additional right-of-way might need to be acquired for those purposes; and,

WHEREAS, in a letter dated October 26, 2016, the Commissioners of the State of Tennessee Departments of General Services and Correction have expressed a willingness to request approval of the State Building Commission to convey the Additional 20’ to the Metropolitan Government and to work with the Metropolitan Government in good faith for conveyance of any additional right-of-way needed, which conveyance would be anticipated to be at fair market value; and,

WHEREAS, pursuant to Resolution No. RS2016-360 the Metropolitan Government applied for a grant through the State Industrial Access Program to build and pave Tufting Court, and the State is willing to award the grant to the Metropolitan Government pursuant to a Local Agency Project Agreement, Tennessee Department of Transportation (TDOT) Agreement Number 160245, TDOT Project Identification Number 125278.00 (the TDOT Grant Agreement) that will be separately submitted to Council for approval by resolution; and,

WHEREAS, Section B.5.a) of the TDOT Grant Agreement requires the Metropolitan Government to provide, at no cost to TDOT, all land owned by Metro and required for the Project right-of-way or easement purposes; and per Exhibit A of that Agreement, requires the Metropolitan Government to provide 50% of the funding for the ROW Phase referenced in the TDOT Grant Agreement,

WHEREAS, if any utilities are located in easements outside the existing Tufting Court dedicated right of way area, that would be affected by the acquisition of an additional 20’or more of right-of-way, the Metropolitan Government may be required to pay 50% of the estimated reimbursable costs in connection with the relocation of any such utilities, as is provided in Exhibit B to the TDOT Grant Agreement; and,

WHEREAS, so that the Metropolitan Government will not be out-of-pocket for acquiring the Additional 20’ or any additional easement area required for the right-of-way of Tufting Court, due to its abandonment of the Westernmost 20’ strip of the original ROW Easement for the benefit of Centurion Stone, Centurion Stone is willing to provide funds to cover the Metropolitan Governments 50% share of the cost of the acquisition of the Additional 20’ or any additional right-of-way acquisition required for Tufting Court as determined by TDOT; and,

WHEREAS, Centurion Stone is further willing to provide funds to reimburse the Metropolitan Government for any costs it incurs in connection with relocating any utilities outside of the existingTufting Court Right-of -Way; and,

WHEREAS, it is in the best interest of both the Metropolitan Government and Centurion Stone to memorialize the above in the attached Participation Agreement.

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

SECTION 1. The participation agreement between the Metropolitan Government and Centurion Products, Inc., attached hereto and incorporated herein by reference, is hereby approved, and the Mayor is authorized to execute the same.

SECTION 2. Future amendments to this agreement shall be approved by resolution of the Metropolitan Council.

SECTION 3. This ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jeremy Elrod, Burkley Allen

If you would like a copy of the attachment to any ordinance or resolution, please email your request to the Metro Clerk's Office at metro.clerk@nashville.gov

LEGISLATIVE HISTORY
Introduced:	March 21, 2017
Passed First Reading:	March 21, 2017
Referred to:	Public Works Committee
Passed Second Reading:	April 4, 2017
Passed Third Reading:	April 18, 2017
Approved:	April 19, 2017
By: