ORDINANCE NO. BL2010-696

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 Acklen Avenue and a portion of Alley No. 436 (Proposal No. 2010M-007AB-001).

WHEREAS, it is the desire of all the abutting property owners that said abandonment be accomplished subject to the conditions noted below; and

WHEREAS, the closure has been requested by Littlejohn Engineering Associates for Belmont University; and

WHEREAS, there is no future need for said portions of right-of-way for Acklen Avenue and Alley No. 436 for Metropolitan Government of Nashville and Davidson County 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. 2009-603, be and is hereby amended, as follows:

Acklen Avenue right-of-way from 15th Avenue South northeastward to a dead end, and Alley No. 436 right-of-way from the dead end approximately 80’ south of Acklen Avenue to just north of Acklen Avenue, 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 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. The following conditions shall apply to the abandonment of Acklen Avenue and Alley No. 436 as described in Section 1 of this Ordinance:
1. The Acklen Avenue private roadway is to remain open for public vehicular access for as long as Alley No. 436 is open to public vehicular access.
2. During construction activities, vehicular access to 15th Avenue South will be maintained at all times via Acklen Avenue or the temporary alley between 15th Avenue South and Alley No. 436

SECTION 4. 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. 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: Megan Barry

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LEGISLATIVE HISTORY

Introduced: June 1, 2010
Passed First Reading: June 1, 2010
Referred to: Planning Commission - Approved
Traffic & Parking Commission - Approved 4-0
Public Works Committee
Traffic & Parking Committee
Planning & Zoning Committee
Passed Second Reading: June 15, 2010
Passed Third Reading: July 20, 2010
Approved: July 23, 2010
By: