Subject: 9728/ 1992-065 Top Flight, Inc. Date: Mon, 27 Feb 1989 12:20:00 -0500 1992-065 Top Flight, Inc. ORDINANCE NO. 9728 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF EAST 13TH STREET, FAGAN STREET AND AN ALLEYWAY LOCATED NORTHEAST FROM EAST 14TH STREET BETWEEN CEMETERY AVENUE AND POLK 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 East 13th Street, Fagan Street, and an alleyway located northeast from East 14th Street between Cemetery Avenue and Polk Street, more particularly described herein, and as shown on plat attached hereto and made a part hereof by reference: Part of East 13th Street, a 50 foot wide right-of-way. Said part of street begins 185 feet northwest of the northwest line of Polk Street, and extends northwest 370 feet parallel to, and at all points 225 feet northeast of, the northeast line of East 14th Street, to the northwest line of Fagan Street. Said part of street separates lots 216-223 from lots 275-281, Orange Grove Subdivision, as shown by plat of record in plat book 3, page 39, R.O.H.C. Fagan Street, a 50 foot wide right-of-way beginning on the northeast line of East 14th Street some 382.25 feet southeast of the intersection of the northeast line of East 14th Street with the southeast line of Cemetery Avenue, and extending northeast 225 feet between parallel lines, and parallel to Polk Street, to the southwest line of East 13th Street. Said street separates lots 281 and 294 from lots 282 and 293, Orange Grove Subdivision, as shown by plat of record in plat book 3, page 39, R.O.H.C. A 10 foot wide alleyway beginning on the northwest line of Fagan Street 107.5 feet northeast of the intersection of the northwest line of Fagan Street with the northeast line of East 14th Street, and extending northwest 260.75 feet between parallel lines, and parallel to East 14th Street, to a point 14.25 feet southeast of the northwest corner of lot 288, Orange Grove Subdivision, as shown by plat of record in plat book 3, page 39, R.O.H.C. Said alleyway separates lots 282-285 and part of lot 286 from lots 289-293 and part of lot 288, said Orange Grove Subdivision. Tax Map No. 146I-E-32, and 146P-A-11, 15, 16, 18, 31, 33, 34, 35, 37, and 38. 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 streets for its gas main, lines and other distribution facilities located within the petitioned rights-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 property adjacent to said right-of-way shall be resubdivided to prevent any land-locked parcels. 6. That two turnarounds be provided on 13th Street as requested by the City Traffic Engineer. 7. Reservation of easements the width of the right-of-way for South Central Bell and Chattanooga Cable TV Company for the purpose of operating and maintaining their facilities in said right-of-way. 8. The areas reserved for utility easements must be kept free and clear of all structures. 9. 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 completion of condition nos. 5 and 6 in Section 2 above. PASSED on Third and Final Reading June 2, 1992. _/s/________________________________ CHAIRPERSON APPROVED:______ DISAPPROVED: _______ DATE:________________ _______, 1992. _/s/________________________________ MAYOR WSP:jrm