ORDINANCE NO. BL99-68

An ordinance accepting certain right-of-way from the Nashville Diocese of the Roman Catholic Church for a relocated alley, abandoning certain right-of-way across existing alleys to the Nashville Diocese of the Roman Catholic Church, amending the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, accordingly (Proposal No. 99M-138U-08), and granting a temporary construction easement all of which is more particularly described herein.

Whereas, The Metropolitan Government of Nashville and Davidson County (the "Metropolitan Government") desires to relinquish any interest it may have in certain right-of-way located across Alley No. 556 and Alley No. 556 1/4 in Nashville, Tennessee, and more particularly identified on Exhibit A attached hereto (the "rights-of-way"), to the Nashville Diocese of the Roman Catholic Church (the "Diocese") upon the relocation and improvement of said alley; and

Whereas, the Diocese desires to dedicate and convey to The Metropolitan Government of Nashville and Davidson County improved right-of-way for a relocated alley in accordance with a plat approved by the Planning Commission (Proposal No. 99S-409U-08) and as described in Exhibit B; and

Whereas, it is the desire of the abutting property owner, the Diocese, and the Metropolitan Government that said dedication and closure be accomplished and that the Official Street and Alley Map be amended accordingly; and

Whereas, it is the desire of The Metropolitan Government of Nashville and Davidson County to grant a temporary construction easement upon the recording of an approved plat dedicating a relocated alley (Proposal No. 99S-409U-08);

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1.

(a)  The Metropolitan Government hereby relinquishes to the Diocese all of its right, title and interest in and to the right-of-way across Alley No. 556 and Alley No. 556 1/4 in Nashville, Tennessee, retaining such easements as are necessary, and as further described on the map attached hereto as Exhibit A and incorporated herein.

(b)  The diocese will, at its sole risk and expense, cause Alley No. 556 to be relocated as shown on the attached Exhibit B. Construction of the alley shall be to standards and specifications approved by the Director of Public Works.

(c)  Upon the recording of an approved plat, the diocese is granted a temporary construction easement consisting of those portion of Alleys No. 556 and 556 identified in Exhibit A.

(d)  The Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County be and is hereby amended, as follows:

(i) That certain rights-of-way, all of which are more particularly described by lines, words and figures on Exhibit A, which is attached to and made a part of this ordinance as though copied herein, is hereby closed upon the approval of the Director of Public Works of the alley to be relocated to Tax Map 81-15, Parcel 352, as described on Exhibit B, satisfies standards and specifications of the department.

(ii) 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 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 the doing of any and all things necessary and incidental thereto.

(iii) That 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 the Nashville Electric Service, Nashville Gas Company, BellSouth Telecommunications, Inc., InterMedia, A.T.S. Network Communications, Hyperion of Tennessee, T.C.G. Telecom Group, Metro Access Networks (MCI), and Nextlink.

(iv) That the Director of the Department of Public Works be and is hereby authorized and directed, upon the enactment and approval of this ordinance and upon the satisfaction of paragraph (d)(i), to cause said change to be made on said Map 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 2: This ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Morris Haddox, Don Majors

AMENDMENT NO. 1

TO

ORDINANCE BL99-68

Mr. President:

I move to amend Ordinance BL99-68 as follows:

1. By deleting all references to "Alley No. 556 " and substituting in lieu thereof "Alley No. 517".

2. By deleting the period at the end of section 1(d)(ii) of the ordinance and substituting in lieu there of a semicolon, followed by: "provided, however, that all of the Metropolitan Government’s water and sewer easements located in Alley 517 are relinquished."

Sponsored by: Don Majors
Amendment Adopted: December 21, 1999

LEGISLATIVE HISTORY

Introduced: November 2, 1999
Passed First Reading: November 2, 1999
Referred to: Planning Commission - Approved 7-0 (12/9/99)
Public Works Committee
Planning & Zoning Committee
Deferred: November 16, 1999; December 7, 1999
Amended: December 21, 1999
Passed Second Reading: December 21, 1999
Passed Third Reading: January 18, 2000
Approved: January 20, 2000
By: Mayor