RESOLUTION NO. RS2014-1040

A resolution approving and authorizing the execution of an Intergovernmental Agreement between the Metropolitan Government and the State of Tennessee, by and through the Tennessee Department of Transportation, and authorizing execution of a related quitclaim deed for any property interests the Metropolitan Government may have in some unused remnant right of way adjacent to Old Hickory Boulevard, and accepting consideration for same in the amount of $36,750.00 (Proposal No. 2014M-014PR-001).

Whereas, State Project Number 19042-2215-04 for the construction of a portion of Old Hickory Boulevard was undertaken by the State and the Metropolitan Government as a Local Interstate Connector project using funds provided by both parties; and,

Whereas, at the time right-of-way was acquired by the State for construction of the project, certain interests in property adjacent to Old Hickory Boulevard were acquired in the name of the Metropolitan Government, formerly known as Davidson County, in conjunction with and as a part of the parties’ cooperative effort to undertake this project, as shown in the deeds attached hereto as Exhibit A; and,

Whereas, the Department of Transportation’s Excess Land Committee has recently evaluated a request to purchase a portion of the property in question, concluded that the property is no longer needed for right-of-way for Old Hickory Boulevard, and approved the requested conveyance to the adjacent property owner under the authority of Tennessee Code Annotated, Section 12-2-112(a)(8); and,

Whereas, through the Department of Transportation’s Excess Land process it was determined, and the State and adjacent property owner agreed, that the fair value of this property amounts to Seventy-Three Thousand Five Hundred and no/100 dollars ($73,500.00); and,

Whereas, the adjacent property owner has tendered the value to the State and the Metropolitan Government to acquire the property;

Whereas, the Metropolitan Government has not used this property, nor does it have any use for this property, nor is it shown on the Metropolitan Government 's official maps as belonging to the Metropolitan Government; and,

Whereas, the State is requesting that the Metropolitan Government quitclaim any interest it may have in the property; and,

Whereas, it was further determined through the Department of Transportation’s Excess Land process that the Metropolitan Government's share of the total amount of the consideration to be paid by the adjacent property owner in exchange for the quitclaims would consist of Thirty-Six Thousand Seven Hundred Fifty and no/100 dollars ($36,750.00); and,

Whereas, it is in the parties’ best mutual interests to cooperate in quitclaiming the property to the adjacent property owner and accepting and fairly dividing the consideration being tendered for that conveyance.

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

Section 1. That an intergovernmental agreement by and between the State of Tennessee, Department of Transportation and The Metropolitan Government of Nashville and Davidson County, a copy of which is attached as Exhibit B hereto and incorporated herein, is hereby approved, and the Director of Public Property Administration is authorized to execute the same, as well as the quitclaim deed attached thereto and referenced therein.

Section 2. That the Metropolitan Government is hereby authorized to accept its share of the consideration received for quitclaiming any rights in may have in the properties referenced in the quitclaim, in the amount of Thirty-Six Thousand Seven Hundred Fifty and no/100 dollars ($36,750.00).

Section 3. That this resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Ronnie Steine, Duane Dominy, Walter Hunt

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LEGISLATIVE HISTORY

Referred to: Planning Commission
Budget & Finance Committee
Public Works Committee
Planning & Zoning Committee
Introduced: April 1, 2014
Adopted: April 1, 2014
Approved: April 2, 2014
By: mayor's signature

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