Subject: 10247/1995-054 Buster Brown App. Date: Mon, 27 Feb 1989 12:20:00 -0500 1995-054 Buster Brown Apparel ORDINANCE NO. 10247 AN ORDINANCE CLOSING AND ABANDONING TAYLOR STREET LOCATED NORTHEAST OF GILBERT STREET, SOUTHEAST OF DODSON 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 Taylor Street located northeast of Gilbert Street, southeast of Dodson Avenue, more particularly described herein, and as shown on plat attached hereto and made a part hereof by reference: Taylor Street, a 50 foot wide right-of-way beginning on the northwest line of Taylor Street 531.4 feet northeast of the intersection of the northwest line of Taylor Street with the northeast line of Gilbert Street, thence northeast and northwest some 281.6 feet with the northwest and southwest line of Taylor Street to a point 66 feet (if measured at a right angle) southeast of the northwest line of the Southern Railway 150 foot right-of-way, thence northeast 50 feet parallel to, and at all points 66 feet southeast of, the northwest line of said railroad right-of-way to the northeast line of Taylor Street, thence southeast and southwest some 364.37 feet with the northeast and southeast line of Taylor Street, thence at a right angle northwest 50 feet to the northwest line of Taylor Street, the point of beginning. Tax Map No. 136L-E-11 and 12. 0C 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. A cul-de-sac shall be provided at both ends of the abandoned street. 3. The reservation for the Tennessee-American Water Company of an easement 20 feet in width for the purpose of operating and maintaining their facilities located within the right-of-way. 4. 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. 5. The areas reserved for utility easements must be kept free and clear of all structures. 6. A fence for security purposes shall be erected along any property boundary adjacent to residential land use and to the embankment "where the railroad used to be" per City Council Minutes of June 20, 1995. 7. A security fence shall be erected at Buster Brown Apparel's expense behind the property of any of the residents of the northwest side of Taylor Street (Tax Map Parcel Nos. 136L-E-013, 014, 015, 016 and 017) who request such a fence and give Buster Brown Apparel permission to erect the fence behind their property. 8. Security lighting shall be installed. 9. Trees and shrubbery shall be planted to screen the fence. 10.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 as provided by law. PASSED on Third and Final Reading June 27, 1995. s/s_________________________________ CHAIRPERSON APPROVED:__X___ DISAPPROVED: _______ DATE:________________ _______, 1995. s/s_________________________________ MAYOR RHRH:meb