ORDINANCE NO. BL2010-623

SUBSTITUTE ORDINANCE NO. BL2010-623

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 Brighton Road (Proposal No. 2009M-009AB-001).

WHEREAS, Montgomery Bell Academy (“MBA”) has requested that a portion of Brighton Road between Montgomery Bell Avenue and Wilson Boulevard be abandoned by the Metropolitan Government, as shown on the attached “Exhibit A”; and

WHEREAS, it is the desire of all the abutting property owners that said abandonment be accomplished; and

WHEREAS, there is no future need for said portion of Brighton Road for Metropolitan Government of Nashville and Davidson County purposes; and

WHEREAS, the Metropolitan Planning Commission approved this mandatory referral No. 2009M-009AB-001 on December 21, 2009 for abandonment of said portion of Brighton Road; and

WHEREAS, the Traffic and Parking Commission approved this proposal on January 11, 2010; and

WHEREAS, MBA has entered into two separate Memoranda of Understanding with the Whitland Area Neighborhood Association and with the Woodlawn West Historic Neighborhood Association setting forth the agreement and intentions of the parties regarding the closure of Brighton Road and the development of the MBA campus; and

WHEREAS, the Memoranda of Understanding contemplate the recording of a Combination Plat subsequent to the enactment of this Ordinance, a copy of which is attached hereto as “Exhibit B”, which shall contain those eight (8) restrictions listed as “Council Conditions”.

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. BL2009-603, be and is hereby amended, as follows:

Brighton Road right-of-way, located between Montgomery Bell Avenue and Wilson Boulevard, all of which is more particularly described by lines, words and figures on the sketch attached to this Ordinance as “Exhibit A” and made a part thereof as though copied herein, is hereby abandoned.

Section 2. 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. 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 4. That the Combination Plat attached as “Exhibit B” is hereby included as part of this Ordinance as though copied herein.

Section 5. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

LEGISLATIVE HISTORY
Introduced:	February 2, 2010
Passed First Reading:	February 2, 2010
Referred to:	Planning Commission - Approved Traffic & Parking Commission - Approved 6-1 Public Works Committee Traffic & Parking Committee Planning & Zoning Committee
Deferred to March 16, 2010:	February 16, 2010
Substitute Introduced:	March 16, 2010
Passed Second Reading:	March 16, 2010
Passed Third Reading:	April 6, 2010
Approved:	April 12, 2010
By: