Subject: 9742 1992-038 EPB Date: Wed, 27 May 1992 09:54:00 -0500 992-038 Electric Power Board ORDINANCE NO. 9742 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF ANDERSON AVENUE LOCATED NORTHWEST FROM PEACHTREE STREET BETWEEN VANCE AVENUE AND BENNETT 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 Anderson Avenue located northwest from Peachtree Street between Vance Avenue and Bennett Avenue, more particularly described herein, and as shown on plat attached hereto and made a part hereof by reference: A portion of Anderson Avenue, an unopened right-of-way some 70 feet wide beginning on the northwest line of Peachtree Street 550 feet northeast of the intersection of the northwest line of Peachtree Street with the northeast line of East 12th Street, and extending northwest some 603.4 feet between parallel lines to the intersection of the southwest line of Anderson Avenue with the northeast line of the Southern Railway right-of-way. Said street separates lot 1, block 3, Baxter's Subdivision of Ridgedale, as shown by plat of record in plat book 1, page 19, R.O.H.C., and part of block 20, Watkins Addition to Ridgedale, as shown by plat of record in plat book 3, page 4, R.O.H.C., from lots 1-6 and part of lot 7, block 8, Stewart's Addition to Ridgedale, as shown by plat of record in plat book 1, page 32, R.O.H.C., and lots 8-11 and part of lot 7, Horne's Subdivision of Block 2, Stewart's Addition to Ridgedale, as shown by plat of record in plat book 1, page 32, R.O.H.C. Tax Map No. 146N-T-22, 156C-C-3, and 156C-D-6. 0C 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. 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. 6. The areas reserved for utility easements must be kept free and clear of all structures. 7. 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. 0C PASSED on Third and Final Reading June 23, 1992. s/s_________________________________ CHAIRPERSON APPROVED:______ DISAPPROVED: _______ DATE:________________ _______, 1992. s/s_________________________________ MAYOR WSPjr:meb