Subject: 9868 1993-063/City of Chatt/Gen.Serv Date: Mon, 27 Feb 1989 12:20:00 -0500 1993-063 City of Chattanooga (General Services) ORDINANCE NO. 9868 AN ORDINANCE TO AMEND ORDINANCE NO. 6958, AS AMENDED, KNOWN AS THE ZONING ORDINANCE, SO AS TO REZONE A TRACT OF LAND IDENTIFIED BY HAMILTON COUNTY TAX MAP NO. 154-009.12, BEING A 43.49 ACRE UNPLATTED TRACT, PART OF SECTION 12, 13, AND 14 AND TWP 2 R-5 RECORDED IN BOOK 3019, PAGE 688, ROHC. A 43.49 ACRE UNPLATTED TRACT AT THE NORTHEAST INTERSECTION OF NEW CUMMINGS ROAD AT BIRMINGHAM HIGHWAY FROM R-3 RESIDENTIAL ZONE, R-4 SPECIAL ZONE AND C-1 HIGHWAY COMMERCIAL ZONE TO M-2 LIGHT INDUSTRIAL ZONE, SUBJECT TO CERTAIN CONDITIONS. _______________________ SECTION 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, That Ordinance No. 6958, as amended, known as the Zoning Ordinance, be and the same is hereby amended so as to rezone: A tract of land identified by Hamilton County Tax Map No. 154-009.12, being a 43.49 acre unplatted tract, part of Section 12, 13, and 14 and TWP 2 R-5 recorded in Book 3019, page 688, ROHC. A 43.49 acre unplatted tract at the northeast intersection of New Cummings Road at Birmingham Highway. Being the remainder of that property deeded to the City of Chattanooga, Tennessee, by the McDowell Development Corporation in Deed Book 3019, page 688, being also a portion of Sections 13 and 14, Township 2, Range 5 west of the Basis Line Ocoee District, Hamilton County, Tennessee, and being more particularly described as follows: BEGINNING in the north right-of-way line of New Cummings Road (70' wide) and the east right-of-way line of Birmingham Highway (US Highway 11, 80' wide) at an iron pipe; thence, northward, along the said east right-of-way line, on a curve to the left, with a radius of 1950.00 feet (with a chord bearing of north 26 degrees, 40 minutes, 59 seconds east, a distance of 378.43 feet), for a curved distance of 379.02 feet, to a point of tangency marked by an iron pipe corner; thence, north 21 degrees, 06 minutes, 53 seconds east, a distance of 429.2 feet to an iron pipe corner; thence, continuing along said east right-of-way line on a curve to the right with a radius of 2251.86 feet (with a chord bearing of north 37 degrees, 54 minutes, 15 seconds east, a distance of 1300.92 feet), for a curved distance of 1319.73 feet, to an iron pin corner; thence, south 29 degrees, 42 minutes, 07 seconds east, a distance of 250.0 feet, to an iron pin corner, being also the southeast corner of the J. E. Darr Tract, (recorded in Deed Book 2223, page 191, of the Register's Office of Hamilton County, Tennessee); thence, north 57 degrees, 13 minutes, 24 seconds east, a distance of 240.0 feet, to an iron pipe corner, which is also the northeast corner of the Darr Tract; thence, south 29 degrees, 42 minutes, 07 seconds east, a distance of 315.09 feet to an iron pin corner, being also the southeast corner of the property conveyed to Robert P. Hellerstedt, recorded in Deed Book 3335, page 321, of the Register's Office of Hamilton County, Tennessee; thence, north 66 degrees, 06 minutes, 39 seconds east, a distance of 768.25 feet, to a fence post in the north line of the aforementioned Section 13; thence, south 16 degrees, 37 minutes, 25 seconds west, a distance of 1109.67 feet, along the west line of the property conveyed to McDowell Development Corporation in Deed Book 2137, page 878, of the Register's Office of Hamilton County, Tennessee, to an iron pin corner; thence, north 79 degrees, 05 minutes, no seconds west, along the property conveyed to Curbit Corporation in Deed Book 3487, page 798, in the Register's Office of Hamilton County, Tennessee, a distance of 242.05 feet, to an iron pin corner; thence, north 72 degrees, 30 minutes, no seconds west, along the north line of the property of McDowell Development Corporation in Deed Book 2137, page 879, in the Register's Office of Hamilton County, Tennessee, a distance of 700.0 feet to an iron pipe corner; thence, south 23 degrees, 15 minutes, no seconds west, along the west line of said McDowell Tract, a distance of 1301.73 feet, to an iron pipe in the north right-of-way line of New Cummings Road; thence, north 63 degrees, 15 minutes, 54 seconds west, along said north right-of-way line, a distance of 639.74 feet to the POINT OF BEGINNING, containing in all 43.870 acres, more or less, shown on Drawing Number 3989, dated January 28,1991, prepared by the Engineering Division of Public Works Department of the City of Chattanooga, Tennessee, attached hereto and made a part hereof. PRIOR TITLE is in Deed Book 3019, page 688, of the Register's Office of Hamilton County, Tennessee. from R-3 Residential Zone, R-4 Special Zone, and C-1 Highway Commercial Zone to M-2 Light Industrial Zone. SECTION 2. BE IT FURTHER ORDAINED, That this rezoning shall be subject to the following conditions: 1. Subject to landscaping and other conditions or restrictions as required by the Department of General Services. 2. All existing easements are retained. 0C SECTION 3. BE IT FURTHER ORDAINED, That this Ordinance shall take effect two weeks from and after its passage, the public welfare requiring it. PASSED on Third and Final Reading April 27, 1993. s/s_________________________________ CHAIRPERSON APPROVED: X DISAPPROVED: _______ DATE: April 29, 1993. s/s_________________________________ MAYOR RHRH:meb