File #: RS2023-2108    Name:
Type: Resolution Status: Passed
File created: 3/31/2023 In control: Metropolitan Council
On agenda: 4/18/2023 Final action: 4/18/2023
Title: A resolution authorizing Avenue Construction, LLC to construct and install an aerial encroachment at 4040 Travis Drive and the corner of Welch Rd. (Proposal No.2022M-022EN-001).
Sponsors: Courtney Johnston, Brett Withers, Russ Pulley
Attachments: 1. Exhibit
title
A resolution authorizing Avenue Construction, LLC to construct and install an aerial encroachment at 4040 Travis Drive and the corner of Welch Rd. (Proposal No.2022M-022EN-001).
body
WHEREAS Avenue Construction, LLC, plans to construct, install and maintain an aerial encroachment, under Proposal No. 2022M-022EN-001, at 4040 Travis Drive and the corner of Welch Road; and,
WHEREAS, Proposal No. 2022M-022EN-001 is comprised of a pergola/patio and projects into the right of way 1'0 for a distance of 14'6. The aerial encroachment is a building element that projects out of the building 5'3" and provides a shade for the windows below. The element would encroach into the right of way by 3'7" max and tapers down for a length of 25'. The encroachment would be 9' above the sidewalk at the corner, encroaching the public right-of-way on property located at 4040 Travis Drive and the corner of Welch Road, and,
WHEREAS, Avenue Construction, 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, Avenue Construction, 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 Mul...

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