ORDINANCE NO. BL2009-490

An Ordinance approving an agreement by and between The Metropolitan Government of Nashville and Davidson County and the Board of Trustees of the Blakemore Primitive Baptist Church, for the establishment and exchange of easement rights for properties located at 2401 and 2411-B Blakemore Avenue, Nashville, Tennessee 37212, and authorizing the Metropolitan Mayor to execute said agreement (Proposal No. 2009M-038ES-001).

WHEREAS, The Metropolitan Government of Nashville and Davidson County (“Metro”) is the owner of the property known as Fannie Mae Dees Park and the Blakemore Primitive Baptist Church owns adjacent property as shown in Exhibit A to the attached agreement; and,

WHEREAS, Metro has agreed to permit Blakemore Primitive Baptist Church (“Church”) to use the Metro property as shown in Exhibit B to the attached agreement for access to the Church’s property at 2411-B Blakemore Avenue; and,

WHEREAS, the Church has agreed to permit Metro to use the Church property as shown in Exhibit C to the attached agreement for access to its parking at Fannie Mae Dees Park; and,

WHEREAS, the parties mutually wish to enter into a reciprocal exchange of easements; and,

WHEREAS, pursuant to Section 11.1002 of the Metropolitan Charter, the Metropolitan Board of Parks and Recreation has recommended that Metro enter into an agreement to establish and exchange easement rights with the Church; and,

WHEREAS, the Metropolitan Planning Commission has recommended for approval this request of Metro and the Church to grant to each other and to exchange access easements as shown in Exhibits B and C to the attached agreement.

WHEREAS, it is to the benefit the citizens of The Metropolitan Government of Nashville and Davidson County that this agreement be approved.

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

Section 1. That the agreement between Metro and the Church for the establishment and exchange of easement rights, a copy of which is attached hereto and incorporated herein by reference, is hereby approved and the Metropolitan Mayor is authorized to execute same on behalf of the Metropolitan Government and to execute all other documents and take all other actions which may be necessary or appropriate to consummate the transactions contemplated by said agreement.

Section 2. That any amendments to this Ordinance shall be approved by resolution of the Metropolitan Council receiving twenty-one affirmative votes.

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

Sponsored by: Kristine LaLonde, Jim Gotto

Attachment(s) on file in the Metropolitan Clerk's Office

LEGISLATIVE HISTORY

Introduced: June 16, 2009
Passed First Reading: June 16, 2009
Referred to: Planning Commission - Approved
Parks Committee
Planning & Zoning Committee
Passed Second Reading: July 21, 2009
Passed Third Reading: August 6, 2009
Approved: August 10, 2009
By: