An ordinance amending BL2018-1137 with respect to retention of easements and amending the Geographic Information Systems Street and Alley Centerline Layer for The Metropolitan Government of Nashville and Davidson County by abandoning Alley Number 1715 between Crestmoor Road and the southern property line of the Calvary Methodist Church at 3701 Hillsboro Pike (Proposal No. 2020M-014AB-001).
WHEREAS, BL2018-1137 authorized the conveyance of certain remnant property after the completion of the realignment of Crestmoor Road at Hillsboro Road (the “Project”); and,
WHEREAS, BL2018-1137 provided that utility easements in the former Crestmoor Road right-of- way were to be abandoned, but easements for those utilities remaining in place after completion of the Project, if any, should be retained; and,
WHEREAS, Tennessee CVS Pharmacy, L.L.C. (“CVS”) has requested the closure and abandonment of Alley #1715 between Crestmoor Road and the southern property line of the Calvary Methodist Church at 3701 Hillsboro Pike, a distance of approximately 170 feet (“Alley #1715”); and,
WHEREAS, upon completion of the improvements depicted as the “Replacement Alley” on the document attached to this ordinance as Exhibit 1 (the “Improvements”), Alley #1715 will no longer be needed by the Metropolitan Government of Nashville and Davidson County for any public purpose; and,
WHEREAS, all of the abutting property owners have consented to the abandonment of Alley #1715 upon the condition that the Improvements be completed not later than two years after the effective date of this ordinance, such date of completion of the Improvements being the “Completion Date”); and,
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. BL2018-1137 is amended by replacing section 3 thereof in its entirety with the following:
That easements for utilities relocated from the former Crestmoor Road upon completion of the Project shall be abandoned at the time of removal of such utilities, but easements for utilities remaining in the former Crestmoor Road upon completion of the Project, if any, shall be retained.
Section 2. On the condition that, prior to the completion date, an engineer licensed and in good standing in Tennessee certifies in writing to the Director of the Metropolitan Department of Public Works stating that the Improvements have been completed, the Geographic Information Systems (GIS) Street and Alley Centerline Layer for The Metropolitan Government of Nashville and Davidson County, as enacted by Ordinance No. BL2018-1060, shall be amended as follows:
Alley #1715, from Crestmoor Road to the southern property line of the Calvary Methodist Church at 3701 Hillsboro Pike, as depicted on the sketch attached hereto and made a part of this ordinance as though copied herein, is abandoned.
Section 3. All utility easements within Alley #1715 shall also be abandoned upon the abandonment of Alley #1715 as contemplated in Section 2.
Section 4. The Director of the Department of Public Works is authorized and directed, upon the abandonment of Alley #1715 as contemplated by Section 1, to amend the GIS Centerline Record as set out in Section 2 of this ordinance, and to make notation thereon of reference to the date of passage and approval of this amendatory ordinance.
Section 5. In the event that Alley #1715 has not been formally abandoned pursuant to the provisions of this ordinance within two years after the effective date of this ordinance, Sections 2-5 of this ordinance shall have no longer have effect.
Section 6. Amendments to this ordinance may be made by resolution.
Section 7. This ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Russ Pulley, Kathleen Murphy, Bob Nash
IntroducedSeptember 15, 2020
Passed First ReadingSeptember 15, 2020
Referred toPlanning Commission
Traffic and Parking Commission
Planning, Zoning, and Historical Committee
Public Works Committee
Traffic, Parking, and Transportation Committee
Passed Second Reading-
Passed Third Reading-
Next ConsiderationOctober 6, 2020
Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615-862-6770.
Last Modified: 09/18/2020 4:26 PM