Subject: 10133/1994-200 Peden, Kim
Date: Mon, 27 Feb 1989 12:20:00 -0500


              	   	     	       	    1994-200
              	   	     	       	    Kim Peden
        
        
                   	     ORDINANCE NO.   10133 
                  
                  
                   AN ORDINANCE CLOSING AND ABANDONING MACKEY
                   AVENUE LOCATED NORTHWEST FROM EAST BRAINERD
                   ROAD AT ENGEL 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 Mackey Avenue located northwest from East 
Brainerd
         Road at Engel Avenue, more particularly described herein, and 
as
         shown on plat attached hereto and made a part hereof by 
reference:
                  
                   Part of Mackey Avenue, a 60 foot wide
                   right-of-way beginning on the southwest line of
                   East Brainerd Road (said line being 50 feet from
                   the centerline of the new East Brainerd Road) at
                   Engel Avenue, and extending northwest between
                   parallel lines to the northwest line (if
                   extended) of lot 112-A, Engelton Heights
                   Subdivision, Resubdivision of Lot 112, as shown
                   by plat of record in plat book 36, page 215,
                   ROHC.  This instrument abandons any rights and
                   interests of the City of Chattanooga in and to
                   the said part of Mackey Avenue as shown by plat
                   of record of Engelton Heights in plat book 15,
                   page 8, ROHC, and as later dedicated by physical
                   construction, exclusive of any rights and
                   interest of the State of Tennessee in and to
                   said part of street as acquired for the
                   construction of new East Brainerd Road.  Tax Map
                   No. 171A-A-13 and 13.1.
0C
              	   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. 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 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.
        
         PASSED on Third and Final
         Reading November 15, 1994.    
s/s_________________________________
              	   	     	       	    	   CHAIRPERSON
        
              	   	     	       APPROVED:______ DISAPPROVED: _______
        
              	   	     	       DATE:  November 16, 1994.
        
        
              	   	     	       s/s_________________________________
              	   	     	       	    	      MAYOR
        
         RHRH:meb