ENACTED 07/20/1999

ORDINANCE NO. O99-1759

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing a portion of Ermac Drive from its termination at Marriott Drive to a point 1,000 feet south of Old Elm Hill Pike and abandoning all easements upon the consolidation of all properties abutting portion of Ermac Drive to be closed into one plat by Duke Realty Limited Partnership; retaining a 20-inch water line easement within the right-of-way for Metro Water and Sewer Services, (Proposal No. 99M-053U), all of which is more particularly described herein.

WHEREAS: It is the desire of all the abutting property owners that said closure be accomplished and all easements be abandoned, except a 20-inch water line easement shall be retained as described below in Section 2; and,

WHEREAS: There is no future need for said portion of Ermac Drive for street purposes.

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

SECTION 1. That the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, as enacted by Ordinance No. O98-1473, be and is hereby amended, as follows:

That a portion of Ermac Drive from its termination at Marriott Drive to a point 1,000 feet south of Old Elm Hill Pike and abandoning all easements upon the consolidation of all properties abutting portion of Ermac Drive to be closed into one plat by Duke Realty Limited Partnership; retaining a 20-inch water line easement within the right-of-way for Metro Water and Sewer Services, 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 closed.

Said street closure will not become effective until Duke Realty Limited Partnership records an approved plat consolidating the parcels surrounding the street to be closed, identified on Exhibit A as the parcels to be consolidated with land owned by Duke Realty Limited Partnership (parcel 158 on tax map 107).

SECTION 2. BE IT FURTHER ENACTED, That a 20-inch water line easement within the right-of-way is retained by The Metropolitan Government of Nashville and Davidson County, its agents, servants, and/or contractors and utility companies operating under franchise from the Metropolitan Government for the right to enter, construct, operate, maintain, repair, rebuild, enlarge, and patrol its now existing or future utilities, including drainage facilities, together with their appurtenances, and the doing of any and all things necessary and incidental thereto.

SECTION 3. BE IT FURTHER ENACTED, That in the event there is proposed any construction over, above, or under said existing utilities that said construction shall have the approval of the Director of Public Works and the Director of Water and Sewerage Services.

SECTION 4. BE IT FURTHER ENACTED, That the Director of the Department of Public Works be and is hereby authorized and directed, upon the enactment and approval of this ordinance, to cause said change to be made on said Map 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 5. BE IT FURTHER ENACTED, That this ordinance take effect immediately after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Roy Dale

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LEGISLATIVE HISTORY

Introduced: June 1, 1999
Passed First Reading: June 1, 1999
Referred to: Planning Commission - Approved 6-0 (5/27/99)
Traffic & Parking Commission - Approved 6-0 (6/14/99)
Planning & Zoning Committee
Passed Second Reading: June 15, 1999
Passed Third Reading: July 20, 1999
Approved: July 21, 1999
By: mayor.gif (527 bytes)