ORDINANCE NO. BL2017-747

An ordinance authorizing the acquisition of certain right-of-way easements, drainage easements, temporary construction easements, and property rights by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2015-R-027, Cane Ridge Road, Old Franklin Road, Preston Road, and Cane Ridge Parkway Roadway Improvements, related to the multi use development by Century Farms, LLC, (Proposal No. 2017M-035ES-001).

WHEREAS, Ordinance BL2016-430 approved a participation agreement between Century Farms LLC and the Metropolitan Government of Nashville and Davidson County, (“Metro”) for the construction of public infrastructure improvements; and

WHEREAS, it is in the public interest that right-of-way easements, drainage easements, temporary construction easements and property rights be acquired by the Metropolitan Government, for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project No. 2015-R-027, Proposal No 2017M-035ES-001, Cane Ridge Road, Old Franklin Road, Preston Road, and Cane Ridge Parkway Roadway Improvements; and,

WHEREAS, the right-of-way easements, temporary construction easements, and property rights are located on the property described in Exhibit 1 hereto; and,

WHEREAS, the easements and property rights, are further described in the Metropolitan Public Works Department’s plans on file for Project No. 2015-R-027, Proposal No. 2017M-035ES-001, Cane Ridge Road, Old Franklin Road, Preston Road, and Cane Ridge Parkway Roadway Improvements.

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

Section 1. The Metropolitan Government of Nashville and Davidson County, by and through the Director of Public Property Administration, is hereby authorized to acquire by negotiation or condemnation the following described easements for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project No. 2015-R-027, Proposal No. 2017M-035ES-001, Cane Ridge Road, Old Franklin Road, Preston Road, and Cane Ridge Parkway Roadway Improvements, the same being for a public purpose and the public convenience requiring it.

Section 2. The easements and property rights to be acquired are described in the Metropolitan Public Works Department’s plans on file for Project No. 2015-R-027, Proposal No. 2017M-035ES-001, Cane Ridge Road, Old Franklin Road, Preston Road, and Cane Ridge Parkway Roadway Improvements and located on the property described in Exhibit 1 attached hereto, which plans and Exhibit are incorporated herein.

Section 3. The Director of Public Property Administration is hereby authorized and directed, if necessary, to take and appropriate by condemnation proceedings the interests in real property described herein in the name of The Metropolitan Government of Nashville and Davidson County for use in public projects of the Metropolitan Government.

Section 4. All necessary and incidental costs of the right of way easements and property rights herein authorized to be acquired shall be paid from funds authorized from Fund No. 40016 and Business Unit No. 42404016.

Section 5. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County, Tennessee, requiring it.

Sponsored by: Jacobia Dowell, John Cooper, Jeremy Elrod, Burkley Allen

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LEGISLATIVE HISTORY

Introduced: June 6, 2017
Passed First Reading: June 6, 2017
Referred to: Planning Commission - Approved
Budget & Finance Committee
Planning, Zoning & Historical Committee
Public Works Committee
Passed Second Reading: June 20, 2017
Passed Third Reading: July 6, 2017
Approved: July 10, 2017
By: Mayor's signature

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