Subject: 9792 1992-155 McCallie School Date: Mon, 27 Feb 1989 12:20:00 -0500 1992-155 The McCallie School, Inc. ORDINANCE NO. 9792 AN ORDINANCE CLOSING AND ABANDONING CHAMBERLAIN AVENUE LOCATED SOUTHEAST FROM WOODWARD AVENUE; WOODWARD AVENUE LOCATED NORTHEAST FROM KIRBY AVENUE; ALLEYWAY LOCATED NORTHEAST FROM KIRBY AVENUE, BETWEEN DODDS AVENUE AND WOODWARD AVENUE; ALLEYWAY LOCATED SOUTHEAST FROM WOODWARD AVENUE AND NORTHEAST FROM DUNCAN 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 Chamberlain Avenue located southeast from Woodward Avenue; Woodward Avenue located northeast from Kirby Avenue; alleyway located northeast from Kirby Avenue, between Dodds Avenue and Woodward Avenue; alleyway located southeast from Woodward Avenue and northeast from Duncan Avenue, more particularly described herein, and as shown on plat attached hereto and made a part hereof by reference: Chamberlain Avenue, a 50 foot wide unopened right-of-way beginning on the southeast line of Woodward Avenue (abandoned by Ordinance No. 5021) 279.6 feet southwest of the intersection of the southeast line of Woodward Avenue with the southwest line of Duncan Avenue (abandoned by Ordinance No. 7424), and extending southeast some 582 feet between parallel lines to the northwest line of Kyle Street (abandoned by Ordinance No. 8783). Woodward Avenue, a 40 foot wide right-of-way beginning on the northeast line of Kirby Avenue 312 feet southeast of the intersection of the northeast line of Kirby Avenue with the southeast line of Dodds Avenue, and extending northeast 225 feet between parallel lines, and parallel to Dodds Avenue. Said street separates lots 28-31 and part of 32 from lots 42-45 and part of 41. Carey's Addition to Ridgedale, as shown by plat of record in plat book 1, page 38, R.O.H.C. Woodward Avenue, a 40 foot wide unopened right-of-way beginning on the northeast line of Union Avenue 339 feet southeast of the intersection of the northeast line of Union Avenue with the southeast line of Dodds Avenue, and extending northeast some 129.6 feet between parallel lines, and parallel to Dodds Avenue, to that part of Woodward Avenue abandoned by Ordinance No. 5021. Said street separates lots 7 and 8, and part of lot 9, Chamberlain Avenue Land Company's Addition to Highland Park, as shown by plat of record in plat book 3, page 14, R.O.H.C., from an unplatted tract. A 12 foot wide alleyway beginning on the northeast line of Kirby Avenue 150 feet southeast of the intersection of the northeast line of Kirby Avenue with the southeast line of Dodds Avenue, and extending northeast 450 feet between parallel lines, and parallel to Dodds Avenue, to the southwest line of Union Avenue (abandoned by Ordinance No. 8783). Said alleyway separates lots 1-9 from lots 28-36, Carey's Addition to Ridgedale, as shown by plat of record in plat book 1, page 38, R.O.H.C. A 10 foot wide unopened alleyway beginning on the southeast line of Woodward Avenue 138 feet northeast of the intersection of the southeast line of Woodward Avenue with the northeast line of Duncan Avenue (abandoned by Ordinance No. 7424), thence northeast 10 feet with Woodward Avenue, thence southeast 150 feet parallel to Duncan Avenue, thence southwest 148 feet parallel to Woodward Avenue to the northeast line of the abandoned Duncan Avenue, thence northwest 10 feet with Duncan Avenue, thence northeast 138 feet parallel to Woodward Avenue, thence northwest 140 feet parallel to Duncan Avenue to the southeast line of Woodward Avenue, the point of beginning. Said alleyway separates lots 1 and 2, from lots 3-5, E.B. Anderson's Subdivision of Part of McCallie Tract, as shown by plat of record in plat book 8, page 11, R.O.H.C. Tax Map No. 146M-C-13, 146N-Q-4, and 146N-R-1-10. 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 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. 3. 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. 4. The areas reserved for utility easements must be kept free and clear of all structures. 5. 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 September 15, 1992. s/s_________________________________ CHAIRPERSON APPROVED:______ DISAPPROVED: _______ DATE:________________ _______, 1992. s/s_________________________________ MAYOR RHR:meb