SUBSTITUTE ORDINANCE NO. BL2005-774
An ordinance abandoning a public right-of-way easement encumbering property located at 2218 Ashwood Avenue, all of which is more particularly described herein (Proposal No. 2005M-144U-10).
WHEREAS, Ordinance No. 904, enacted by the Nashville City Council in 1934, abandoned a 25-foot section of public right-of-way lying east of 25th Avenue, and extending from Blair Boulevard southwardly to Ashwood Avenue; and
WHEREAS, although this section of right-of-way was abandoned in 1934, this right-of-way is referenced in a court decree dated December 18, 1944, in the Davidson County Chancery Court Part I in the case styled Beard v. Pritchard, et al, Docket No. 57699, and recorded in Book 6566, Page 279; and
WHEREAS, this right-of-way easement was never utilized for a public right-of-way for Metropolitan Government purposes; and
WHEREAS, said right-of-way easement runs along the east side of a parcel of property currently owned by Erik Gratton and Erin Hall located at 2218 Ashwood Avenue, being identified as parcel No. 191 on Map 104-15, which is recorded on the Plan of Record for Sunset Park subdivision in Plat Book 332, page 132, of record in the Register's Office for Davidson County, Tennessee; and
WHEREAS, it is the desire of all the abutting property owners that said abandonment of the right-of-way easement be accomplished.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
SECTION 1. That a 25-foot public right-of-way easement lying east of 25th Avenue, and extending from Blair Boulevard southwardly to Ashwood Avenue, encumbering property located at 2218 Ashwood Avenue, identified as map and parcel number 104150191.00, being more particularly described in Ordinance No. 904 enacted May 1, 1934, and in the Davidson County Chancery Court decree dated December 18, 1944 in the case styled Beard v. Pritchard, et al, Docket No. 57699, and recorded in Book 6566, Page 279, which are attached hereto and incorporated herein by reference, and more particularly described by words and figures on the attached sketch, which is also attached hereto and incorporated herein by reference, be and the same is hereby abandoned.
SECTION 2. BE IT FURTHER ENACTED, that all other 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 to do any and all things necessary and incidental thereto.
SECTION 3. BE IT FURTHER ENACTED, That this ordinance take effect immediately after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: Ginger
|Introduced:||August 16, 2005|
|Passed First Reading:||August 16, 2005|
Public Works Committee
Planning & Zoning Committee
|Substitute Introduced:||September 20, 2005|
|Passed Second Reading:||September 20, 2005|
|Passed Third Reading:||October 4, 2005|
|Approved:||October 6, 2005|