ORDINANCE NO. BL2011-945
An ordinance abandoning easement rights in the listed seven (7) existing water, sanitary sewer and stormwater easements existing in connection with Metro Water Services project 11-SL-11 and associated with real property Map 093-10, Parcels 472.00, 447.00, 309.00, 482.00 and 317.00 located between Franklin Street, Demonbreun Street, 4th Avenue South and 5th Avenue South, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2011M-006ES-001).
WHEREAS, abandonment of seven (7) easements has been requested for the construction of the OMNI Nashville Hotel. The individual easements are more particularly shown in Project No. 11-SL-0004, OMNI Nashville Hotel Abandonments. All referenced documents are of record in the department of Water and Sewerage Services and incorporated herein by reference; and,
WHEREAS, it has been determined the easements are no longer being used by the Department of Water and Sewerage Services nor any other public utility; and,
WHEREAS, the mandatory referral has been sent to The Metropolitan Planning Commission under Proposal No. 2011M-006ES-001 for approval of the listed easements abandonment.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That the Metropolitan Government hereby abandons the following easements as depicted on Exhibit 1 and 2, attached hereto, and found on Map 093-10, parcels 472.00, 447.00, 309.00, 482.00 and 317.00 located between Franklin Street, Demonbreun Street, 4th Avenue South and 5th Avenue South No. 11-SL-0004: Easement #1- a 40’ public drainage easement as recorded in plat book 9700. Page 382-R.O.D.C., TN (centered on 66” drain, now abandoned); to be abandoned from the eastern right-of-way of 5th Ave South to the western right-of-way of 4th Avenue South; Easement #2- a 20’ sewer easement as recorded in plat book 9700, Page 382, R.O.D.C. TN (centered on a 66” RCP); to be abandoned from the southern edge of the easement north 62 feet to the relocated storm connection; Easement #3- a 20’ public utility and drainage easement as recorded in plat book 9700, page 382, R.O.D.C. TN (centered on 36” storm sewer, to be removed); to be abandoned in its entirety, to include an implied easement located over the connection to the north to the Wilson Springs sewer shown in Easement No. 1; Easement #4- a stormwater quality easement as recorded in instrument No. 200703120030220, R.O.D.C. TN; and stormwater detention agreement in instrument No. 200703120030182, R.O.D.C. TN; both to be abandoned in their entirety; Easement #5- easements retained n the closing of 20’ Alleyway #132 “Hog Alley” (closed by Council Bill #098-1197) to be abandoned in their entirety; Easement #6- easements retained in the closing of 12’ Alleyway #68 “& unnumbered Alleyway (closed by Council Bill #098-1145) to be abandoned in their entirety; and Easement #7- a 20’ N.E.S. easement as recorded in instrument 200606270076558, R.O.D.C. TN; to be abandoned from the northern edge of the easement south 61 feet to the northerly right-of-way of future Korean Veterans Boulevard.
Section 2. The Director of Water and Sewerage Services and the Director of Public Property Administration are authorized to execute such documents as may be necessary and appropriate to carry out the abandonment.
Section 3. Amendments to this legislation shall be approved by resolution.
Section 4: That this ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: Mike Jameson, Jim Hodge
|Introduced:||June 7, 2011|
|Passed First Reading:||June 7, 2011|
Public Works Committee
Planning & Zoning Committee
|Passed Second Reading:||June 14, 2011|
|Passed Third Reading:||June 21, 2011|
|Approved:||June 22, 2011|