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An ordinance authorizing the granting of a permanent utility line easement to the Electric Power Board of the Metropolitan Government of Nashville and Davidson County ("NES") and Fairgrounds Parcel C, LLC, on certain property owned by the Metropolitan Government, and authorizing Fairgrounds Parcel C, LLC to construct, install, and maintain a secondary electrical underground encroachment at 445 Benton Avenue. (Proposal No. 2024M-004EN-001).
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WHEREAS, the Metropolitan Government owns a tract of land generally located at Benton Avenue (Parcel 331) ("the Property"), at The Fairgrounds Nashville; and,
WHEREAS, as described in the Easement Agreement attached hereto as Exhibit A, NES and Fairgrounds Parcel C, LLC have requested a permanent utility line easement across the Property, for the purpose of installing, operating, and maintaining electric power overhead and underground conductors and communications circuits; and,
WHEREAS, the Metropolitan Board of Fair Commissioners approved the proposed easement during its meeting on September 12, 2023; and,
WHEREAS, Fairgrounds Parcel C, LLC plans to construct, install, and maintain a secondary electrical underground encroachment at 445 Benton Avenue; and,
WHEREAS, as set forth in the License Agreement for Private Encroachments Into the Public Right of Way attached hereto as Exhibit B, Fairgrounds Parcel C, LLC has agreed to indemnify and hold the Metropolitan Government harmless from all claims or demands that may result to persons or property by reason of the construction, operations, or maintenance of said encroachment; and,
WHEREAS, Metropolitan Code of Laws Section 13.08.030 allows the Council of the Metropolitan Government 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 NASHVI...
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