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An ordinance to amend the Geographic Information Systems Street and Alley Centerline Layer for the Metropolitan Government of Nashville and Davidson County by abandoning Alley Number 434, Alley Number 428 and Alley Number 628 right-of-way. (Proposal Number 2020M-017AB-001).
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WHEREAS, it is the desire of all the abutting property owners that said abandonment of right-of-way be accomplished; and,
WHEREAS, the abandonment has been requested by Dale and Associates, applicant; and,
WHEREAS, there is no future need for said right-of-way 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 Geographic Information Systems (GIS) Street and Alley Centerline Layer for The Metropolitan Government of Nashville and Davidson County, as enacted by Ordinance No. 2020-555 be and hereby is amended, as follows:
Alley #434 from Caldwell Avenue southward to Alley #628, Alley #628 from Alley #434 eastward to Alley #428 and Alley #428 northward to Caldwell Ave, 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, are 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(s) 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. 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. That the Director of the Department of Public Works be and hereby is authorized and directed, upon the enactment and approval of this ordinance, to cause said change to be made on said GIS Centerline Record 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. Amendments to this legislation may be approved by resolution.
Section 6. This ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This ordinance abandons three sections of alleys: Alley #434 from Caldwell Avenue southward to Alley #628, Alley #628 from Alley #434 eastward to Alley #42, and Alley #428 northward to Caldwell Avenue. The abandonment has been requested by Dale & Associates. Utility easements within the alley portions will be retained by Metro.
Future amendments to this ordinance may be approved by resolution.
This abandonment has been approved by the Planning Commission and the Traffic and Parking Commission.
Fiscal Note: This ordinance has no cost to Metro. In the opinion of the Public Works department, abandoned right-of-way has no market value when the Department has agreed that the abandoning of said right-of-way is considered acceptable. Additionally, the abandonment of rights-of-way that are unimproved, unmaintained, and serve no current or future purpose for Metro allows the abandoned area to be assessed for property tax purposes.