An ordinance authorizing the Metropolitan Government to accept certain property from Jimmy D. Choate and Johanna O. Choate for public right of way purposes; authorizing the abandonment of a portion of Alley No. 2027 to Jimmy D. Choate and Johanna O. Choate and Marcella Carter; and designating Alley No. 2027 as a pedestrian walkway from Marshall Street to its intersection with Alley No. 2025 (Proposal No. 2002M-004U-05).

Whereas, the Metropolitan Government of Nashville and Davidson County ("the Metropolitan Government") is the owner of Alley No. 2027 from Marshall Street to its intersection with Alley No. 2025, as shown on attached Exhibit 1; and

Whereas, Jimmy D. Choate and Johanna O. Choate are the owners of certain property adjacent to Alley No. 2025 as shown on Exhibit 1 and described on Exhibit 2; and

Whereas, Jimmy D. Choate and Johanna O. Choate desire to dedicate the property adjacent to Alley No. 2025 described on attached Exhibit 2 to the Metropolitan Government as a permanent easement for public right of way purposes; and

Whereas, the Metropolitan Government desires to abandon a portion of Alley No. 2027 to Jimmy D. Choate and Johanna O. Choate and a portion thereof to Marcella Carter, and to convert Alley No. 2027 from a conventional alley into a pedestrian walkway from Marshall Street to its intersection with Alley No. 2025;

Now, therefore, be it enacted by the Council of the Metropolitan Government of Nashville and Davidson County, Tennessee:

Section 1. The Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, as enacted by Ordinance No. BL2001-916, be and is hereby amended as follows:

The Metropolitan Government hereby relinquishes to Jimmy D. Choate and Johanna O. Choate its right, title and interest in and to that portion of Alley No. 2027, constituting a three-foot strip along the westerly margin of said alley from Marshall Street to its intersection with Alley No. 2025, as shown on the attached Exhibit 1 and described on attached Exhibit 3, both of which are fully incorporated by reference herein; subject, however, to the conditions set forth in section 2 of this ordinance.

The Metropolitan Government hereby relinquishes to Marcella Carter its right, title and interest in and to that portion of Alley No. 2027, constituting a three-foot strip along the easterly margin of said alley from Marshall Street to its intersection with Alley No. 2025, as shown on the attached Exhibit 1 and described on attached Exhibit 3, both of which are fully incorporated by reference herein; subject, however, to the conditions set forth in section 2 of this ordinance.

Section 2. (a) Easements are herein 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 Alley No. 2027, 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.

(b) 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/or the Director of Water and Sewerage Services, together with the approval of the Nashville Electric Service, Nashville Gas Company, BellSouth Telecommunications Inc., InterMedia, A.T.S. Network Communications, Hyperion of Tennessee, T.C.G. Telecom Group, Metro Access Networks (MCI), and Nextlink.

Section 3. That property measuring approximately fifty by seventy feet, adjacent to Alley No. 2025, containing a total of 349.69 square feet, or 0.008 acre, more or less, and shown on attached Exhibit 1 and described on attached Exhibit 2, both of which are fully incorporated by reference herein, is accepted by the Metropolitan Government of Nashville and Davidson County as public right of way.

Section 4. Alley No. 2027 from Marshall Street to its intersection with Alley No. 2025 is hereby declared to be, and designated as, a pedestrian walkway.

Section 5. 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 6. Should any court of competent jurisdiction declare any section, clause, or provision of this ordinance to be unconstitutional, such decision shall affect only such section, clause or provision so declared unconstitutional, and shall not affect any other section, clause or provisions of this ordinance, it being the express intent of the Metropolitan County Council of The Metropolitan Government of Nashville and Davidson county that the remainder of this ordinance continue in full force and effect.

Section 7. That this Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Lawrence Hall, Amanda McClendon

LEGISLATIVE HISTORY
Introduced:	March 5, 2002
Passed First Reading:	March 5, 2002
Referred to:	Planning Commission - Approved 9-0 (1/10/02) Traffic & Parking Commission - Approved 6-0 (1/14/02) Public Works Committee Traffic & Parking Committee Planning & Zoning Committee
Passed Second Reading:	March 19, 2002
Passed Third Reading:	April 2, 2002
Approved:	April 3, 2002
By: