Subject: 9759 1992-020 Malone, Mike Date: Mon, 27 Feb 1989 12:20:00 -0500 1992-020 Mike Malone ORDINANCE NO. 9759 AN ORDINANCE CLOSING AND ABANDONING BALDWIN STREET, SCHOOL STREET, FLYNN ALLEY, ALLEN ALLEY, UNNAMED ALLEYS, AND ACCESSWAYS LOCATED BETWEEN M. L. KING BOULEVARD AND EAST 8TH STREET, AND BETWEEN MABEL STREET AND BALDWIN 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 Baldwin Street, School Street, Flynn alley, Allen alley, unnamed alleys, and accessways located between M. L. King Boulevard and East 8th Street, and between Mabel Street and Baldwin Street, more particularly described herein, and as shown on plat attached hereto and made a part hereof by reference: Baldwin Street, an unopened right-of-way some 40 feet wide (tax map and Chadwick's Plat of Chattanooga), dedicated as 60 feet wide on plat of Kaylor's Addition to Chattanooga, as shown by plat of record in deed book T, volume 1, page 259, R.O.H.C., beginning on the southwest line of Flynn (Flinn) Street some 410 feet southeast of the intersection of the southwest line of Flynn Street with the southeast line of University Street, thence southeast some 40 feet with Flynn Street to a point in the northwest line of lot 4, said Kaylor's Addition, thence southwest some 165 feet with the northwest line of lots 4, 5, 6, and 7, said Kaylor's Addition, to the northwest line of the Southern Railway right-of-way, thence with said railroad right-of-way northwest some 15 feet, and southwest some 35 feet to the northwest line of Baldwin Street, thence northeast some 293 feet with Baldwin Street to the southwest line of Flynn Street, the point of beginning. School Street, a 10 foot wide alleyway beginning on the southeast line of Mabel Street 200 feet southwest of the intersection of the southeast line of Mabel Street with the southwest line of East 8th Street, and extending southeast 400 feet between parallel lines, and parallel to East 8th Street, to the northwest line of Douglas Street. Said alleyway separates lots A and B, block 7, Griffin's Addition, not recorded, and lot 8, Allen Brothers Subdivision, as shown by plat of record in plat book 5, page 33, R.O.H.C., from lots 9, 10, 11, and 14, block 10, Parks Foster's Subdivision, as shown by plat of record in deed book Z, volume 1, page 1, R.O.H.C. All alleyways which are located within the block bounded by M. L. King Boulevard on the southwest, Mabel Street on the northwest, East 8th Street on the northeast, and Douglas Street on the southeast, including but not limited to, those alleyways shown on Chadwick's Plat of Chattanooga, and on plats of Griffin's Addition, not recorded, Parks Foster's Subdivision in Griffin's Addition, as shown by plat of record in deed book Z, volume 1, page 1, R.O.H.C., and Allen Brothers Subdivision, as shown by plat of record in plat book 5, page 33, R.O.H.C.; excepting therefrom Flynn Alley, and an alleyway beginning on the northwest line of Douglas Street 100 feet southwest of the intersection of the northwest line of Douglas Street with the southwest line of East 8th Street, said point being the southeast corner of lot 6, said Allen Brothers Subdivision, thence southwest 10 feet with Douglas Street to the northeast corner of lot 7, said subdivision, thence northwest 183 feet with the northeast line of said lot 7, thence southwest some 10 feet with the northwest line of lot 7 to the southeast line of a 10 foot alleyway (to be abandoned), thence northeast 17 feet with said alleyway to a point in the southwest line of lot 1, said point being 10 feet southeast of the southwest corner of lot 1, thence southeast 190 feet with the southwest line of lots 1-6 to the northwest line of Douglas Street, the point of beginning. All alleyways and accessways, including Allen Alley, which are located within the block bounded by M. L. King Boulevard on the southwest, Douglas Street on the northwest, East 8th Street on the northeast, and University Street on the southeast, including, but not limited to, those alleyways shown on Chadwick's Plat of Chattanooga, and on plats of Griffin's Addition, not recorded, Parks Foster's Subdivision in Griffin's Addition, as shown by plat of record in deed book Z, volume 1, page 1, R.O.H.C., and Probasco's Subdivision, as shown by plat of record in plat book 4, page 21, R.O.H.C. excepting therefrom a portion of Flynn Alley. Said part of Flynn Alley to remain open begins on the southeast line of Douglas Street 135 feet northeast of the intersection of the southeast line of Douglas Street with the northeast line of M. L. King Boulevard (as now located) and extends southeast 225 feet between parallel lines, said alleyway being 10 feet wide, and separates lots 1-4 and the west 25 feet of lot 5, block 9, from lot 11 and the west 85 feet of lot 10, block 9, said Parks Foster's Subdivision. Part of Flynn Alley, a 10 foot wide alleyway. Said part of alley begins on the southeast line of University Street 110 feet southwest of the intersection of the southeast line of University Street with the southwest line of Flynn Street, and extends southeast 194 feet between parallel lines, and parallel to Flynn Street. Said alleyway separates lots 1-3 and part of lot 4, block 8, from lots 14-16, and part of lot 13, block 8, Parks Foster's Subdivision in Griffin's Addition, as shown by plat of record in deed book Z, volume 1, page 1, R.O.H.C. A 10 foot wide alleyway beginning on the southeast line of University Street 110 feet northeast of the intersection of the southeast line of University Street with the northeast line of Flynn Street and extending southeast some 410 feet between parallel lines, and parallel to Flynn Street, to the northwest line of Baldwin Street. Said alleyway separates lots 1-8, block 7, from lots 9-16, block 7, Parks Foster's Subdivision in Griffin's Addition, as shown by plat of record in deed book Z, volume 1, page 1, R.O.H.C. Tax Map No. 145D-R-2-11, 13-19, 22, and 23; 145D-S-2, 3, 18, 20-25, 27-32, and 35; 145D-T-1-3, 8, 10, 11, 13-20, 22, 23, 25, and 26; 145E-G-2-13; and 145E-H-1 and 2. 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 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. 4. 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. 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 property adjacent to said right-of-way shall be resubdivided to prevent any land-locked parcels. 7. The Fire Department will require that adequate access be maintained for the response of emergency vehicles for the residents of Flynn Street, between Douglas Street and University Street. 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 effective until completion of condition no.6 in Section 2 above. PASSED on Third and Final Reading July 21, 1992. s/s_________________________________ CHAIRPERSON APPROVED:______ DISAPPROVED: _______ DATE:________________ _______, 1992. s/s_________________________________ MAYOR RHR:meb