Subject: 9648/ 1991-216 Martin McNabb Date: Mon, 27 Feb 1989 12:20:00 -0500 1991-216 Martin McNabb ORDINANCE NO. 9648 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF MACKEY AVENUE LOCATED SOUTHWEST FROM EAST BRAINERD ROAD, NORTHWEST OF ENGEL 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 a portion of Mackey Avenue located southwest from East Brainerd Road, northwest of Engel Avenue, more particularly described herein, and as shown on plat attached hereto and made a part hereof by reference: Part of Mackey Avenue, a 50 foot wide right-of-way. To find the true point of beginning of said part of street, start at the intersection of the northwest line of Mackey Avenue with the northeast line of Mackey Avenue, thence southeast some 44 feet with the northeast line of Mackey Avenue to the northwest line of the proposed relocation of Mackey Avenue, thence northeast 66.54 feet with said proposed right-of-way to the northwest line of Mackey Avenue, the true point of beginning, thence northeast some 278 feet with the northwest line of Mackey Avenue to the northwest line of East Brainerd Road, thence southwest and southeast some 120 feet with East Brainerd Road to the southeast some 120 feet with East Brainerd Road to the southeast line of Mackey Avenue, thence southwest some 124 feet with the southeast line of Mackey Avenue to the northwest line of the proposed relocation of Mackey Avenue, thence southwest some 70 feet with said proposed right-of-way to the northwest line of Mackey Avenue, the true point of beginning. Tax Map No. 159P-A-3.16 and 3.20. 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 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. 3. The areas reserved for utility easements must be kept free and clear of all structures. 4. 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. PASSED on Third and Final Reading Dec. 17, 1991. _/s/________________________________ CHAIRPERSON APPROVED:______ DISAPPROVED: _______ DATE:________________ _______, 1991. _/s/________________________________ MAYOR WSP:jrm