Subject: 9510/1990-239 Chat.Board of Ed. Date: Mon, 27 Feb 1989 12:20:00 -0500 1990-239 Chattanooga Board of Education ORDINANCE NO. 9510 AN ORDINANCE CLOSING AND ABANDONING HOLLY STREET SOUTHWEST FROM CLEVELAND AVENUE, SOUTHEAST OF HIGHLAND PARK AVENUE; GARFIELD STREET AND SMARTT STREET SOUTHEAST FROM HIGHLAND PARK AVENUE, BETWEEN CLEVELAND AVENUE AND EAST 3RD STREET; ALLEYWAYS NORTHWEST FROM HOLLY STREET, SOUTHWEST OF CLEVELAND 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 Holly Street southwest from Cleveland Avenue, southeast of Highland Park Avenue; Garfield Street and Smartt Street southeast from Highland Park Avenue, between Cleveland Avenue and East 3rd Street; alleyways northwest from Holly Street, southwest of Cleveland Avenue, more particularly described herein, and as shown on plat attached hereto and made a part hereof by reference: Holly Street, a 40 foot wide unopened right-of-way beginning on the southwest line of Cleveland Avenue some 404 feet southeast of the intersection of the southwest line of Cleveland Avenue with the southeast line of Highland Park Avenue, thence southeast some 40 feet with Cleveland Avenue, thence southwest 379.5 feet to the southwest line of Garfield Street, thence northwest 40 feet with Garfield Street, thence northeast 385 feet to the southwest line of Cleveland Avenue, the point of beginning. Said street separates Lots 88 and 89, East End Syndicate Plan, as shown by plat of record in plat book 1, page 13, R.O.H.C., and lots 1 and 6, D.L. Subletts Subdivision of Lots 86 and 87, East End, as shown by plat of record in deed book L, volume 3, page 556, R.O.H.C., from lots 1-9, Trustees Subdivision No. 1, as shown by plat of record in plat book 6, page 35, R.O.H.C. Garfield Street, a right-of-way some 25 feet wide beginning on the southeast line of Highland Park Avenue 410 feet southwest of the intersection of the southeast line of Highland Park Avenue with the southwest line of Cleveland Avenue, and extending southeast 757.5 feet between parallel lines to the northwest line of a 10 foot alleyway. Smartt Street, a 20 foot wide unopened right-of-way beginning on the southeast line of Highland Park Avenue 190 feet northeast of the intersection of the southeast line of Highland Park Avenue with the northeast line of East 3rd Street, and extending southeast 420 feet between parallel lines to the centerline of Holly Street (abandoned by ordinance number 8078). Said street separates lots 1-16, W.D. Smartt's Addition to East End Syndicate, as shown by plat of record in plat book 2, page 29, R.O.H.C., from lot 78, East End Syndicate Plan, as shown by plat of record in plat book 1, page 13, R.O.H.C., and lots 17-24, said W.D. Smartt's Addition. Two 10 foot wide unopened alleyways beginning on the northwest line of Holly Street 135 feet southwest of the intersection of the northwest line of Holly Street with the southwest line of Cleveland Avenue, thence southwest 10 feet with Holly Street, thence northwest some 95 feet parallel to Garfield Street, thence southwest some 40 feet parallel to Holly Street, thence northwest some 10 feet parallel to Garfield Street, thence northeast some 40 feet parallel to Holly Street, thence northwest some 95 feet parallel to Garfield Street, thence northeast 10 feet parallel to Holly Street, thence southeast 200 feet parallel to Garfield Street to the northwest line of Holly Street, the point of beginning. Said alleyways separate lots 1-5 from lot 6, D.L. Subletts Subdivision of Lots 86 and 87, East End, as shown by plat of record in deed book L, volume 3, page 556, R.O.H.C., and the northwest 95 feet of lot 6 from the southeast 95 feet of lot 6, said D.L. Subletts Subdivision. Tax Map. No. 146B-Q-1, 14, 18, 20-36; 146F-A-23; 146G-F-1-8. 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 reservation for the Tennessee-American Water Company of an easement the width of the rights-of-way for the purpose of operating and maintaining their facilities located within the rights-of-way. 3. The City of Chattanooga has sewers located within said rights-of-way and reserves an easement the width of the rights-of-way for the purpose of maintaining said sewers. 4. Reservation of an easement the width of the rights-of-way for South Central Bell for the purpose of operating and maintaining its facilities in said rights-of-way. 5. The resubdivision of properties adjacent to said rights-of-way to eliminate any land-locked parcels. 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 the City Traffic Engineer has approved the resubdivision required in condition No. 5 in Section 2 above. PASSED on Third and Final Reading Jan. 22, 1991. _/s/________________________________ CHAIRPERSON APPROVED:______ DISAPPROVED: _______ DATE:________________ _______, 1990. _/s/________________________________ MAYOR WSP:jrm