Subject: 9568/Abandon/1991-033/Memorial Hospital Date: Mon, 27 Feb 1989 12:20:00 -0500 1991-033 Memorial Hospital, Division of Sisters of Charity of Nazereth ORDINANCE NO. _________ AN ORDINANCE CLOSING AND ABANDONING CITICO AVENUE, KILMER STREET, AND ALLEYS LOCATED SOUTHWEST OF ROBBINS AVENUE, BETWEEN NORTH CHAMBERLAIN AVENUE AND GLENWOOD DRIVE, 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 Citico Avenue, Kilmer Street, and alleys located southwest of Robbins Avenue, between North Chamberlain Avenue and Glenwood Drive, more particularly described herein, and as shown on plat attached hereto and made a part hereof by reference: Citico Avenue, a 50 foot wide right-of-way beginning on the southeast line of North Chamberlain Avenue 300 feet southwest of the intersection of the southeast line of North Chamberlain Avenue with the southwest line of Robbins Avenue, and extending southeast 688.4 feet between parallel lines to the northwest line (if extended southwestwardly) of lot 149, Plat of the Davis Property (sometimes called Englewood), as shown by plat of record in deed book M, volume 18, page 472, R.O.H.C. Said street separates 1 and 2, block B, Lots 1, 7, 9, 11, and 13, block A, Engleside Subdivision, as shown by plat of record in plat book 9, page 41, R.O.H.C., and lot 148, Plat of the Davis Property (sometimes called Englewood), as shown by plat of record in deed book M, volume 18, page 472, from lots 1 and 31, Subdivision of Part of Block 26, Glenwood No. 2, as shown by plat of record in plat book 14, page 68, R.O.H.C., and lots 2, 4, 6, 7, 8, and part of lot 12, block 28, Revised Plan of That Part of Glenwood which lies East of Kilmer Street and North of Vermont Avenue, as shown by plat of record in plat book 7, page 10, R.O.H.C. Kilmer Street, a 50 foot wide right-of-way beginning on this northeast line of Citico Avenue 253.4 feet southeast of the intersection of the northeast line of Citico Avenue with the southeast line of North Chamberlain Avenue, and extending northeast 300 feet between parallel lines to the southwest line of Robbins Avenue. Said street separates lots 1-6, block A, from lots 2, 4, 6, 8, 10, and 12, block B, Engleside Subdivision, as shown by plat of record in plat book 9, page 41, R.O.H.C. Two 10 foot wide alleyways beginning on the northeast line of Citico Avenue 158 feet northwest of the intersection of the northeast line of Citico Avenue with the northwest line of Glenwood Avenue, thence northwest 10 feet with Citico Avenue, thence northeast 140 feet, thence northwest some 11.18 feet, thence northwest 140 feet, thence northeast 10 feet, thence southeast 140 feet, thence northeast some 11.18 feet, thence northeast 140 feet to the southwest line of Robbins Avenue, thence southeast 10 feet with Robbins Avenue, thence southwest 300 feet to the northeast line of Citico Avenue, the point of beginning. Said alleys separate lots 110-115 from lots 147 and 150, and lots 145-147 from lots 148-150, Plat of the Davis Property (sometimes called Engelwood), as shown by plat of record in deed book M, volume 18, page 472, R.O.H.C. Tax Map No. 146E-D-1, and 146E-E-6-11 and 22.1-29. 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 of Citico Avenue and Kilmer Street for the purpose of operating and maintaining their facilities located within said rights-of-way. 3. 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. 4. The reservation of an easement the width of the rights-of-way for Chattanooga Cable TV Company for the purpose of operating and maintaining its facilities in said rights-of-way. 5. The acceptance by the City Engineer of the relocated Citico Avenue after review and approval of construction plans. 6. The areas reserved for utility easements must be kept free and clear of all structures. SECTION 3. BE IT FURTHER ORDAINED, That this Ordinance shall be effective two weeks from and after its passage as provided by law, provided that this Ordinance shall not be operative until the completion of condition no. 5 in Section 2 above. PASSED on Third and Final Reading ______ ___, 1991. ____________________________________ CHAIRPERSON APPROVED:______ DISAPPROVED: _______ DATE:________________ _______, 1991. ____________________________________ MAYOR WSP:jrm(cjc)