Subject: 9477/1990-212 Commercial Metals Co. Date: Mon, 27 Feb 1989 12:20:00 -0500 1990-212 Commercial Metals Company ORDINANCE NO. 9477 AN ORDINANCE CLOSING AND ABANDONING ADAMS STREET, DOBBS STREET, EAST 20TH STREET, EAST 21ST STREET, EAST 22ND STREET, AND AN ALLEYWAY LOCATED SOUTHEAST OF WASHINGTON STREET, SOUTHWEST OF ROSSVILLE AVENUE, 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 Adams Street, Dobbs Street, East 20th Street, East 21st Street, East 22nd Street, and an alleyway located southeast of Washington Street, southwest of Rossville Avenue, more particularly described herein, and as shown on plat attached hereto and made a part hereof by reference: Adams Street, a 50 foot wide right-of-way beginning at the intersection of the southeast line of Adams Street with the northeast line of E. 20th Street, thence southwest some 600 feet with the southeast line of Adams Street as dedicated to the southeast line of Adams Street as now located, thence southeast and southwest some 283 feet with Adams Street as now located to the northeast line of Dobbs Street, thence southeast some 132 feet with Dobbs Street to the northwest line of Jefferson Street (abandoned by Ordinance No. 7279), thence southwest 30 feet with Jefferson Street, thence northwest some 258 feet parallel to, and at all points 30 feet southwest of, the northeast line of Dobbs Street, thence continuing northwest some 200 feet parallel to, and at all points 30 feet southwest of, the northeast line of Adams Street as now located to the southeast line of Adams Street as dedicated, said point being the intersection of the southeast line of Adams Street (as dedicated) with the northeast line of James Street, (if extended), thence northwest 50 feet with James Street to the northwest line of Adams Street, thence northeast some 700 feet with the northwest line of Adams Street to the northeast line of E. 20th Street, thence southeast 50 feet with E. 20th Street to the southeast line of Adams Street the point of beginning. Said streets are located in Boyce Amended Addition No. 2 as shown by plat of record in plat book 5, page 10, R.O.H.C., and J.M. Dobbs Subdivision, as shown by plat of record in plat book 5, page 14, R.O.H.C. East 20th Street, a 50 foot wide right-of-way beginning on the southeast line of Washington Street some 761.78 feet southwest of the intersection of the southeast line of Washington Street with the southwest line of Rossville Avenue, and extending southeast some 256 feet between parallel lines to the northwest line of Adams Street. East 21st Street, a 30 foot wide right-of-way beginning on the southeast line of Washington Street some 945.78 feet southwest of the intersection of the southeast line of Washington Street with the southwest line of Rossville Avenue, thence southeast some 256 feet to the northwest line of Adams Street, thence southwest 30 feet with Adams Street, thence northwest some 249 feet to the southeast line of Washington Street, thence northeast 30 feet with Washington Street to the point of beginning. Said street separates part of block 15, Boyce Amended Addition No. 2, as shown by plat of record in plat book 5, page 10, R.O.H.C., from part of the Langford Tract, not recorded. East 22nd Street, a 50 foot wide right-of-way beginning on the southeast line of Washington Street some 1247.78 feet southwest of the intersection of the southeast line of Washington Street with the southwest line of Rossville Avenue, thence southeast some 206 feet to the northwest line of Adams Street, thence southwest 50 feet with Adams Street, thence northwest some 190 feet to the southeast line of Washington Street, thence northeast some 50 feet with Washington Street to the point of beginning. Said street separates part of block 15 from part of block 22, said Boyce Amended Addition No. 2. A 12 foot wide unopened alleyway beginning on the southwest line of East 21st Street some 107 feet southeast of the intersection of the southwest line of East 21st Street with the southeast line of Washington Street, and extending southwest some 285.34 feet (plat), or 268.4 feet (map), to the northeast line of East 22nd Street. Said alleyway separates lots 1-6, block 15, from lots 7-12, block 15, said Boyce Amended Addition No. 2. 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; provided, however, that no easement is reserved in the right-of-way of East 21st Street. The sewer currently located in the right-of-way of East 21st Street shall be capped by the applicant at the westernmost manhole at the intersection of Adams Street and East 21st Street in a manner approved by the City Engineer. Applicant shall also execute a release of all claims to the City. 3. The reservation for the Tennessee-American Water Company of an easement the width of the rights-of-way of Adams Street, Dobbs Street and East 20th Street for the purpose of operating and maintaining their facilities located within said rights-of-way. 4. The parcels adjacent to said rights-of-way shall be resubdivided to eliminate any land-locked parcels. 5. The reservation of an easement the width of said rights-of-way for South Central Bell for its existing facilities. 6. The areas reserved for utility easements must be kept free and clear of all structures. 7. All existing easements are retained. SECTION 3. BE IT FURTHER ORDAINED, That this Ordinance shall take effect two weeks from and after its passage as provided by law, provided that this ordinance shall not be operative until conditions no. 2 and no. 4 in Section 2 above have been completed and the City Engineer has approved all work required to be done by applicant. PASSED on Third and Final Reading October 23, 1990. _/s/________________________________ CHAIRPERSON APPROVED:______ DISAPPROVED: _______ DATE:________________ _______, 1990. _/s/________________________________ MAYOR WSP:cmc