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File #: RS2022-1723    Name:
Type: Resolution Status: Passed
File created: 8/2/2022 In control: Metropolitan Council
On agenda: 8/16/2022 Final action: 8/16/2022
Title: A resolution authorizing LMC Towne Property Owner, LLC to construct and install an aerial encroachment at 808 Garfield St (Proposal No.2022M-017EN-001).
Sponsors: Freddie OConnell, Brett Withers, Zach Young
Attachments: 1. Exhibit
title
A resolution authorizing LMC Towne Property Owner, LLC to construct and install an aerial encroachment at 808 Garfield St (Proposal No.2022M-017EN-001).
body
WHEREAS LMC Towne Property Owner, LLC, plans to construct, install and maintain an aerial encroachment, under Proposal No. 2022M-017EN-001, at 808 Garfield Street; and,
WHEREAS, Proposal No. 2022M-017EN-001 is comprised of an aerial encroachment to include (1) projecting sign (East Elevation), 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 aerial encroachment; and,
WHEREAS, Metropolitan Code of Laws ?13.16.030(A) allows the Council of The Metropolitan Government of Nashville and Davidson County to grant encroachments, permits, or privileges to construct, maintain and/or operate aerial cables, canopies, etc., over and/or across sidewalks and public rights-of-way by Resolution adopted by twenty-one (21) affirmative votes.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That subject to the requirements, limitations and conditions contained herein, LMC Towne Property Owner, LLC is hereby granted the privilege to construct and maintain said aerial encroachment 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 Resolution.
Section 2. That the authority granted hereby for the construction, installation, operation, and maintenance of said aerial encroachment shall not be construed as a surrender ...

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