Subject: 9744 1992-076 City of Chattanooga Date: Wed, 27 May 1992 10:31:00 -0500 1992-076 City of Chattanooga ORDINANCE NO. 9744 AN ORDINANCE CLOSING AND ABANDONING OF SHEPHERD ROAD LOCATED SOUTHWEST FROM SHALLOWFORD ROAD, SOUTHEAST OF NOAH REID ROAD, 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 Shepherd Road located southwest from Shallowford Road, southeast of Noah Reid Road, more particularly described herein, and as shown on plat attached hereto and made a part hereof by reference: Shepherd Road, a 50 foot wide unopened right-of-way beginning on the southwest line of the proposed Shallowford Road right-of-way some 125 feet southeast of the intersection of the southwest line of the proposed Shallowford Road right-of-way with the southeast line of Noah Reid Road (if extended), said point being the intersection of the southwest line of said proposed right-of-way with the northwest line of the existing Shepherd Road right-of-way, thence southeast some 52 feet with the proposed Shallowford Road to the southeast line of the existing Shepherd Road, thence southwest some 430 feet with the southeast line of the existing Shepherd Road to the southeast line of the proposed Shepherd Road right-of-way, thence northeast and northwest some 163.5 feet with the southeast and northeast line of the proposed Shepherd Road right-of-way to the northwest line of the existing Shepherd Road right-of-way, thence northeast some 262.25 feet with the northwest line of the existing Shepherd Road to the southwest line of the proposed Shallowford Road right-of-way, the point of beginning. Tax Map No. 138O-B-2.5 and 148C-A-3.1. 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. Resubdivision of the adjacent tracts to prevent any land-locked parcels; said resubdivision shall be approved by the City Traffic Engineer. 4. 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. 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 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, provided that this Ordinance shall not be operative until completion of Condition #3 in Section 2 above. 0C PASSED on Third and Final Reading June 23, 1992. s/s_________________________________ CHAIRPERSON APPROVED:______ DISAPPROVED: _______ DATE:________________ _______, 1992. s/s_________________________________ MAYOR WSPjr:meb