Subject: 9583/1991-088 John O. Carruth
Date: Mon, 27 Feb 1989 12:20:00 -0500


              	   	     	       	    1991-088
              	   	     	       	    John O. Carruth
        
        
                   	     ORDINANCE NO. 9583
                  
                  
                   AN ORDINANCE CLOSING AND ABANDONING NEW YORK
                   STREET LOCATED NORTHEAST FROM ELDER MOUNTAIN
                   ROAD, BETWEEN O'GRADY DRIVE AND BROWN'S FERRY
                   ROAD, 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 New York Street located northeast from Elder
         Mountain Road, between O'Grady Drive and Brown's Ferry Road, 
more
         particularly described herein, and as shown on plat attached
         hereto and made a part hereof by reference:
                New York Street, a 40 foot wide unopened
                right-of-way beginning on the northeast line of
                Elder Mountain Road 500 feet southeast of the
                intersection of the northeast line of Elder
                Mountain Road with the southeast line of O'Grady
                Drive, thence northeast 475 feet parallel to
                O'Grady Drive to the southwest line of Rondaboo
                Drive, thence southeast 40 feet with Rondaboo
                Drive, thence southwest 475 feet parallel to
                O'Grady Drive to the northeast line of Elder
                Mountain Road, thence northwest 40 feet with Elder
                Mountain Road to the point of beginning.  Said
                street separates lots 10 and 11, block 13, and part
                of lot 10, block 14, West Chattanooga Land
                Company's Subdivision No. 1, as shown by plat of
                record in plat book 6, page 34, from lots 1 and 20,
                block 19, said West Chattanooga Land Company
                Subdivision, and lot 1, Homer Heights Subdivision,
                as shown by plat of record in plat book 20, page
                69, R.O.H.C.
               
                New York Street, a 40 foot wide unopened
                right-of-way beginning on the northeast line of
                Rondaboo Drive some 864 feet northwest of the
                intersection of the northeast line of Rondaboo
                Drive with the northwest line of Brown's Ferry
                Road, thence northwest 40 feet with Rondaboo Drive,
                thence northeast 295 feet parallel to, and at all
                point 500 feet southeast of, the southeast line of
                O'Grady Drive to the southwest line of Angela Lane,
                thence southeast 40 feet with Angela Lane, thence
                southwest 295 feet parallel to O'Grady Drive to the
                northeast line of Rondaboo Drive, the point of
                beginning.  Said street separates lots 10 and 11,
                block 15, and part of lot 11, block 14, West
                Chattanooga Land Company's Subdivision No. 1, as
                shown by plat of record in plat book 6, page 34,
                R.O.H.C., from lot 30, Addition No. 1 to Homer
                Heights Subdivision, as shown by plat of record in
                plat book 22, page 43, R.O.H.C., and lot 10, Homer
                Heights Subdivision, as shown by plat of record in
                plat book 20, page 69, R.O.H.C.  Tax Map No.
                144F-C-4-7 and 9, and 144F-D-1, 21, 22 and 40.
               
               
              	   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
                   right-of-way which must be maintained for the
                   use and benefit of its customers and an easement
                   the width of the entire right-of-way is reserved
                   for the operation, maintenance, rebuilding, and
                   replacement of these distribution facilities.
               
                2. Reservation of an easement the width of the
                   right-of-way for South Central Bell for the
                   purpose of operating and maintaining its
                   facilities in said right-of-way.
               
                3. That the the adjacent properties are
                   resubdivided so as to eliminate any landlocked
                   parcels.
               
                4. The areas reserved for utility easements must be
                   kept free and clear of all structures.
               
                5. All existing easements are retained.
               
0C
              	   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 completion of Condition No. 3 in Section 2 above.
        
         PASSED on Third and Final
         Reading July 16, 1991.	       
_/s/________________________________
              	   	     	       	    	   CHAIRPERSON
        
              	   	     	       APPROVED:______ DISAPPROVED: _______
        
              	   	     	       DATE:________________ _______, 1991.
        
        
              	   	     	       _/s/________________________________
              	   	     	       	    	      MAYOR
        
         WSP:jrm