Subject: 9460/1990-138 Erlanger med
Date: Mon, 27 Feb 1989 12:20:00 -0500


              	   	     	       	    1990-138
              	   	     	       	    Erlanger Medical Center &
              	   	     	       	    University of Tennessee
              	   	     	       	    at Chattanooga
        
        
                   	     ORDINANCE NO. 9460
                  
                  
                   AN ORDINANCE CLOSING AND ABANDONING HAMPTON
                   STREET LOCATED NORTHEAST FROM EAST 5TH STREET
                   AND EAST 5TH STREET LOCATED SOUTHEAST FROM
                   HAMPTON STREET, MORE PARTICULARLY DESCRIBED
                   HEREIN, UPON CERTAIN CONDITIONS.
                  
                   	     _______________________
                  
                  
                  
                  
              	   SECTION 1.  BE IT ORDAINED BY THE CITY COUNCIL OF THE
         CITY OF CHATTANOOGA, TENNESSEE, That there be and is hereby 
closed
         and abandoned Hampton Street located northeast from East 5th
         Street and East 5th Street located southeast from Hampton 
Street,
         more particularly described herein, and as shown on plat 
attached
         hereto and made a part hereof by reference:
               
                East 5th Street, a 50 foot wide right-of-way
                beginning 225 feet northwest of the northwest line
                of Wiehl Street, and extending northwest some 210
                feet between parallel lines to the northwest line
                of Hampton Street.  Said street separates lots
                29-32 and part of 33, block 2, Wiehl and Patten's
                Addition No. 2, as shown by plat of record in plat
                book 1, page 41, R.O.H.C., from lots 8-11 and part
                of 7, City Water Company's Addition on Fort Wood,
                as shown by plat of record in plat book 2, page 49,
                R.O.H.C.
               
                Hampton Street, beginning on the northeast line of
                East 5th Street 425 feet northwest of the
                intersection of the northeast line of East 5th
                Street with the northwest line of Wiehl Street,
                thence northwest some 10 feet with East 5th Street,
                thence northeast 164 feet, thence northwest some 7
                feet, thence northeast 100 feet to the southwest
                line of East 4th Street, thence southeast some 17
                feet with East 4th Street, thence southwest 264
                feet to the northeast line of East 5th Street, the
                point of beginning.  Said street separates lots 4
                and 13, block 1, Tate's Addition to the City of
                Chattanooga, not recorded, from lots 21 and 37,
                block 2, Wiehl and Patten's Addition No. 2, as
                shown by plat of record in plat book 1, page 41,
                R.O.H.C.
               
               
              	   SECTION 2.  BE IT FURTHER ORDAINED, That this closure
         and abandonment is made subject to the following conditions:
              1.   The Electric Power Board of Chattanooga has
                   distribution facilities located within said
                   rights-of-way which must be maintained for the use
                   and benefit of its customers and an easement the
                   width of the entire rights-of-way is reserved for
                   the operation, maintenance, rebuilding, and
                   replacement of these distribution facilities.
             
              2.   The City of Chattanooga has a sewer located within
                   said rights-of-way and reserves an easement the
                   width of the rights-of-way for the purpose of
                   maintaining said sewer.
             
              3.   The reservation for the Tennessee-American Water
                   Company of an easement the width of the
                   rights-of-way for the purpose of operating and
                   maintaining its facilities located within the
                   rights-of-way.
             
              4.   The reservation for South Central Bell of a utility
                   easement for the purpose of maintaining its
                   facilities within said rights-of-way.
             
              5.   Approval of redevelopment plan by the Historic
                   Zoning Commission.
             
              6.   Completion of negotiations between the University
                   of Tennessee at Chattanooga and the City of
                   Chattanooga regarding redevelopment.
             
              7.   Approval by the City Traffic Engineer provided East
                   5th Street is also abandoned between Palmetto
                   Street and Hampton Street, and a hammerhead
                   turnaround is built in front of Lot 24.
             
              	   SECTION 3.  BE IT FURTHER ORDAINED, That this
         Ordinance shall take effect two weeks from and after its 
passage
         as provided by law, provided, however, that this Ordinance 
shall
         not be operative until conditions 5, 6, and 7 in Section 2 
above
         have been completed.
        
        
         PASSED on Third and Final
         Reading 10/9, 1990. 	       
_/s/________________________________
              	   	     	       	    	   CHAIRPERSON
        
              	   	     	       APPROVED:______ DISAPPROVED: _______
        
              	   	     	       DATE:________________ _______, 1990.
        
        
              	   	     	       _/s/________________________________
              	   	     	       	    	      MAYOR
        
         WSP:cmc