ORDINANCE NO. BL2017-652

An ordinance to amend the Geographic Information Systems Street and Alley Centerline Layer for the Metropolitan Government of Nashville and Davidson County by abandoning a portion of Tufting Court right-of-way and easement (Proposal Number 2017M-005AB-001).

WHEREAS, the Metropolitan Government of Nashville and Davidson County (“Metro”) desires to encourage economic development within the Metropolitan Government area; and

WHEREAS, Centurion Stone plans to develop the Centurion 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, 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 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 Metro 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, it is the desire of the abutting property owners that said abandonment of right-of-way and easements be accomplished; and,

WHEREAS, there is no future need for said right-of-way easement for Metro.

WHEREAS, Metro, 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, a request to approve a participation agreement between Metro and Centurion Stone has been filed separately with the Metropolitan Council, for the additional right-of-way needed for the construction of Tufting Court; and,

WHEREAS, it is in the best interest of both the Metropolitan Government and Centurion Stone to memorialize the above in 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. That the Geographic Information Systems (GIS) Street and Alley Centerline Layer for The Metropolitan Government of Nashville and Davidson County, as enacted by Ordinance No. 2017-572 be and hereby is amended, as follows:

A 20 foot wide strip of right-of-way along the western margin of Tufting Ct from Cockrill Bend Blvd southwestward approximately 950 feet in length, all of which is more particularly described by lines, words and figures on the sketch which is attached to and made a part of this ordinance as though copied herein, is hereby abandoned.

Section 2. That said right-of-way, including all utility easements within it, are herein abandoned.

Section 3. That the Director of the Department of Public Works be and hereby is authorized and directed, upon the enactment and approval of this ordinance, to cause said change to be made on said GIS Centerline Record as set out in Section 1 of this ordinance, and to make notation thereon of reference to the date of passage and approval of this amendatory ordinance.

Section 4. Amendments to this legislation may be approved by resolution.

Section 5. 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

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LEGISLATIVE HISTORY
Introduced:	March 21, 2017
Passed First Reading:	March 21, 2017
Referred to:	Planning Commission - Approved Traffic & Parking Commission - Approved Planning, Zoning & Historical Committee Public Works Committee Traffic, Parking & Transportation Committee
Passed Second Reading:	April 4, 2017
Passed Third Reading:	April 18, 2017
Approved:	April 19, 2017
By: