Subject: 9673/1991-225 Erlanger Med. Date: Mon, 27 Feb 1989 12:20:00 -0500 1991-225 Erlanger Medical Center ORDINANCE NO. 9673 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF PIERCE AVENUE LOCATED NORTHWEST OF O'NEAL STREET, SOUTHWEST OF BLACKFORD STREET, 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 Pierce Avenue located northwest of O'Neal Street, southwest of Blackford Street, more particularly described herein, and as shown on plat attached hereto and made a part hereof by reference: Part of Pierce Avenue, a 30 foot wide right-of-way. To find the true point of beginning of said part of street, start at the intersection of the southwest line of Pierce Avenue with the northwest line of O'Neal Street, thence northwest 120 feet with the southwest line of Pierce Avenue to the true point of beginning, thence continuing northwest of 105 feet with the southwest line of Pierce Avenue, thence at a right angle northeast 30 feet to the northeast line of Pierce Avenue, thence southeast 105 feet with the northeast line of Pierce Avenue, thence at a right angle southwest 30 feet to the southwest line of Pierce Avenue, the true point of beginning. Said part of street separates lots 8, 9, and 10 from lots 22, 23, and 24, Amended Plat of Robert Gilespie Addition to Citico City, as shown by plat of record in plat book 5, page 56, R.O.H.C. Tax Map No. 146B-A-13 and 14, and 146A-K-6, 7, and 8. SECTION 2. BE IT FURTHER ORDAINED, That this closure and abandonment is made subject to the following conditions: 1. The reservation for Jupiter Industries, Inc., d/b/a Chattanooga Gas Company, of an easement the width of the street for its gas main, lines and other distribution facilities located within the petitioned right-of-way, which must be maintained for the use and benefit of its customers. 2. 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. 3. 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. 4. 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. 5. The reservation of an easement the width of the right-of-way for Chattanooga Cable TV Company for the purpose of operating and maintaining its facilities in said right-of-way. 6. The construction of and acceptance by the City Traffic Engineer of a hammerhead turnaround. 7. 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 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. 6 in Section 2 above. PASSED on Third and Final Reading Feb. 18, 1992. _/s/________________________________ CHAIRPERSON APPROVED:______ DISAPPROVED: _______ DATE:________________ _______, 1992. _/s/________________________________ MAYOR WSP:jrm