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An ordinance authorizing LMC Towne Property Owner, LLC to install, construct and maintain encroachments in the right of way located at 808 Garfield Street (Proposal No. 2022M-034EN-001)
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WHEREAS, LMC Towne Property Owner, LLC plans to install and maintain an encroachment, under Proposal No. 2022M-034EN-001, at 808 Garfield Street; and,
WHEREAS, Proposal No. 2022M-034EN-001 is comprised of installation and maintenance of irrigation systems for in-ground planters encroaching the public right-of-way on property located at 808 Garfield Street; and,
WHEREAS, LMC Towne Property Owner, LLC has agreed to indemnify and hold the Metropolitan Government of Nashville and Davidson County harmless of any and all claims for damages of every nature and kind resulting from or arising from the installation of said encroachments under proposal No. 2022M-034EN-001; and,
WHEREAS, Metropolitan Code of Laws Section 13.08.030 allows the Council of the Metropolitan Government of Nashville and Davidson County to by ordinance grant encroachments, permits or privileges to construct, install, operate and/or maintain an encroachment in, on, over, or under any street, road, alley, sidewalk, or other public way.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That subject to the requirements, limitations and conditions, contained herein and in the attached License Agreement, LMC Towne Property Owner, LLC is hereby granted the privilege to construct, install, and maintain said encroachments under Proposal No. 2022M-034EN-001, in accordance with the plans which are on file in the office of the Director of the Nashville Department of Transportation and Multimodal Infrastructure ("NDOT"), and which are more particularly described by lines, words and figures on the attached sketches which are attached to and made a part of this Ordinance.
Section 2. That the authority granted hereby for the construction, installat...
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