An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning the right-of-way and easement for a portion of Battery Place (Proposal No. 2007M-161U-10).

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

WHEREAS: The closure has been requested by Carole Kenner,

WHEREAS: There is no future need for said portion of right-of-way and easement for roadway 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. 2007-1377, be and is hereby amended, as follows:

That Battery Place, between 1823 and 1901 Cedar Lane, southwestward to Alley No. 962, 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. BE IT FURTHER ENACTED, That an easement within the southwest portion of the Battery Place right-of way, adjacent to alley No. 962, a distance of 20 feet for the entire width of Battery Place, being 50 feet is 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: Keith Durbin

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LEGISLATIVE HISTORY
Introduced:	November 20, 2007
Passed First Reading:	November 20, 2007
Referred to:	Planning Commission - Approved Traffic & Parking Commission - Approved 5-0 (September 10, 2007) Public Works Committee Traffic & Parking Committee Planning & Zoning Committee
Passed Second Reading:	December 4, 2007
Passed Third Reading:	December 18, 2007
Approved:	December 21, 2007
By: