ORDINANCE NO. BL2003-1505


An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Otter Creek Road (Proposal No. 2003M-043G-10).


WHERAS, Otter Creek Road, from the western boundary of the Radnor Lake State Park, approximately 875 feet east of Granny White Pike, to the city limits of Oak Hill, is unsafe for vehicular traffic, and the ecology of the area adjacent to said roadway prohibits the type of repairs necessary for the road to be improved to meet safety standards for public use by vehicular traffic; and

WHEREAS, it is the desire of the abutting property owner, the State of Tennessee, that said portion of Otter Creek Road be abandoned; and

WHEREAS, there is no future need for said portion of said road for Metropolitan Government 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. BL2002-1248, be and is hereby amended, as follows:

Otter Creek Road, from the western boundary of the Radnor Lake State Park, approximately 875 feet east of Granny White Pike, to the city limits of Oak Hill, 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 abandoned.

Section 2. That the Metropolitan Government has vacated said portion of Otter Creek Road for highway purposes, and therefore, pursuant to the Right of Way Deed, recorded in Deed Book 1260, page 518, in the Davidson County Register’s Office, conveying to the Metropolitan Government an easement for highway purposes only for said portion of Otter Creek Road, the easement conveyed thereupon ceased and determined.

Section 3. All existing utility easements herein are 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 of 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 4. 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/or the Director of Water and Sewerage Services, together with the approval of any other pertinent departments of the Metropolitan Government or other governmental agency, including the Nashville Electric Service.

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

Sponsored by: Lawrence Hall Jr., Ron Turner

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LEGISLATIVE HISTORY

Introduced: June 17, 2003
Passed First Reading: June 17, 2003
Referred to: Planning Commission - Approved 8-0 (05/08/2003)
Traffic & Parking Commission
Public Works Committee
Traffic & Parking Committee
Planning & Zoning Committee
Passed Second Reading: July 15, 2003
Passed Third Reading: August 5, 2003
Approved: August 6, 2003
By: Bill Purcell