Subject: 9602/1991-112 Buster Brown App.
Date: Mon, 27 Feb 1989 12:20:00 -0500


              	   	     	       	    1991-112
              	   	     	       	    Buster Brown Apparel, Inc.
        
        
                   	     ORDINANCE NO. 9602
                  
                  
                   AN ORDINANCE CLOSING AND ABANDONING A PORTION
                   OF WHEELER AVENUE LOCATED NORTHEAST OF GILBERT
                   STREET, NORTHWEST OF NORTH CHAMBERLAIN 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 Wheeler Avenue located northeast of Gilbert 
Street,
         northwest of North Chamberlain Avenue, more particularly 
described
         herein, and as shown on plat attached hereto and made a part
         hereof by reference:
                Part of Wheeler Avenue, a 75 foot wide
                right-of-way.  To find the true point of beginning
                of said part of street, start on the northeast line
                of Gilbert Street 250 feet northwest of the
                intersection of the northeast line of Gilbert
                Street with the northwest line of North Chamberlain
                Avenue, thence northeast 60 feet with the southeast
                line of Wheeler Avenue to the true point of
                beginning, thence northwest 75 feet parallel to
                Gilbert Street to the northwest line of Wheeler
                Avenue, thence northeast 290 feet with said
                northwest line to the portion of Wheeler Avenue
                abandoned by Ordinance No. 9218, thence southeast
                75 feet parallel to Gilbert Street to the southeast
                line of Wheeler Avenue, thence southwest 290 feet
                with said southeast line to the point of beginning. 
                Said street separates lots 3-7 and part of lot 2,
                block 28, Arlington Heights Addition, as shown by
                plat of record in plat book 5, page 23, R.O.H.C.,
                from an unplatted tract.  Tax Map No. 136L-E-1 and
                11, and 136L-R-11 and 12.
               
               
              	   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. The reservation for the Tennessee-American Water
                   Company of an easement the width of the
                   right-of-way for the purpose of operating and
                   maintaining their facilities located within the
                   right-of-way.
               
                3. The City of Chattanooga has a sewer located
                   within said right-of-way and reserves an
                   easement the width of the right-of-way for the
                   purpose of maintaining said sewer.
               
                4. The resubdivision of properties to eliminate
                   land-locked parcels, to b approved by the City
                   Traffic Engineer.
               
                5. The areas reserved for utility easements must be
                   kept free and clear of all structures.
               
                6. 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 completion of Condition No. 4 in Section 2 above.
0C
         PASSED on Third and Final
         Reading August 20, 1991.      
_/s/________________________________
              	   	     	       	    	   CHAIRPERSON
        
              	   	     	       APPROVED:______ DISAPPROVED: _______
        
              	   	     	       DATE:________________ _______, 1991.
        
        
              	   	     	       _/s/________________________________
              	   	     	       	    	      MAYOR
        
         WSP:jrm