Subject: 9796 1992-107 Mills, W. E.
Date: Mon, 27 Feb 1989 12:20:00 -0500


              	   	     	       	    1992-107
              	   	     	       	    W. E. Mills
        
                   	     ORDINANCE NO. 9796
                  
                  
                   AN ORDINANCE CLOSING AND ABANDONING WALTHALL
                   AVENUE LOCATED NORTHWEST FROM EAST 35TH STREET,
                   BETWEEN CALHOUN AVENUE AND DIVINE 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 Walthall Avenue located northwest from East 35th
         Street, between Calhoun Avenue and Divine Avenue, more
         particularly described herein, and as shown on plat attached
         hereto and made a part hereof by reference:
                The west 27.5 feet of Walthall Avenue, an unopened
                right-of-way.  Said part of street begins on the
                northwest line of East 35th Street 295 feet
                northeast of the intersection of the northwest line
                of East 35th Street with the northeast line of
                Divine Avenue, fronts 27.5 feet on East 35th
                Street, and extends northwest 400 feet between
                parallel lines, and parallel to Divine Avenue, to
                the southeast line of East 34th Street.  Said part
                of Walthall Avenue separates lots 9-16, block 74,
                East End Land Company's Addition No. 1, as shown by
                plat of record in plat book 2, page 22, R.O.H.C.,
                from the Alabama Great Southern Railway
                right-of-way.  Tax Map No. 168A-B-10 and 11.
               
               
              	   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. 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.
               
                3. The areas reserved for utility easements must be
                   kept free and clear of all structures.
               
                4. 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.
        
         PASSED on Third and Final
         Reading September 22, 1992.   
s/s_________________________________
              	   	     	       	    	   CHAIRPERSON
        
              	   	     	       APPROVED:______ DISAPPROVED: _______
        
              	   	     	       DATE:________________ _______, 1992.
        
        
              	   	     	       s/s_________________________________
              	   	     	       	    	      MAYOR
        
         RHR:meb