ORDINANCE NO. BL2005-779

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning an approximately 19-foot wide section of Garfield Street right-of-way extending from 8th Avenue North to Nassau Street (Proposal No. 2005M-111U-08).

WHEREAS: It is the desire of all the abutting property owners that said closures be accomplished; and

WHEREAS: The closure has been requested by Century 21 Seals; and

WHEREAS: There is no future need for said portion of said Garfield Street right-of-way 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. BL2005-520, be and is hereby amended, as follows:

That a portion of Garfield Street right-of-way, said portion of right-of-way extends from the Garfield Street/8th Avenue North intersection to the Garfield Street/Nassau Street intersection; the most northerly margin of said portion being parallel and contiguous with the most northerly margin of Garfield Street; the most southerly margin of said portion being 10' north and parallel to the most northerly curb line of Garfield Street; said portion being approximately 19' wide, all of which is more particularly described by lines and figures on the sketch which is attached to and made a part of this ordinance as though copied herein, is hereby closed.

SECTION 2. BE IT FURTHER ENACTED, That 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 its now existing or future utilities, including drainage facilities, together with their appurtenances, and to do 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/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 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: Ludye Wallace

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LEGISLATIVE HISTORY

Introduced: September 6, 2005
Passed First Reading: September 6, 2005
Referred to: Planning Commission - Approved
Traffic & Parking Commission
Public Works Committee
Traffic & Parking Committee
Planning & Zoning Committee
Passed Second Reading: September 20, 2005 
Passed Third Reading: October 4, 2005 
Approved: October 6, 2005 
By: