Subject: 10552/Aband/97-001/Moore,Andrew C., Jr.
Date: Mon, 27 Feb 1989 12:20:00 -0500


              	   	     	       	    1997-001
              	   	     	       	    Andrew C. Moore, Jr.
        
        
                   	     ORDINANCE NO.    10552  
                  
                  
                   AN ORDINANCE CLOSING AND ABANDONING BRANNON
                   AVENUE AND EAST 39TH STREET LOCATED SOUTHWEST
                   FROM EAST 38TH STREET, NORTHWEST OF JEROME
                   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 Brannon Avenue and East 39th Street located
         southwest from East 38th Street, northwest of Jerome Avenue, 
more
         particularly described herein, and as shown on plat attached
         hereto and made a part hereof by reference:
                Brannon Avenue, a 66 foot wide unopened
                right-of-way beginning on the southwest line of
                East 38th Street 586 feet northwest of the
                intersection of the southwest line of East 38th
                Street with the northwest line of Jerome Avenue,
                and extending southwest 768.34 feet between
                parallel lines to the southwest line of East 39th
                Street.  Said street separates block 119, East End
                Land Company's Addition No. 1, as shown by plat of
                record in plat book 2, page 22, ROHC, and lots 1
                and 2, Resubdivision of Block 140, East End Land
                Company Addition No. 1, as shown by plat of record
                in plat book 31, page 296, ROHC, from block 120 and
                part of block 139, said East End Land Company's
                Addition No. 1, and lot 2, Resubdivision of Block
                139, East End Land Company Addition No. 1, as shown
                by plat of record in plat book 57, page 154, ROHC.
               
                East 39th Street, a 60 foot wide unopened
                right-of-way beginning on the southeast line of
                Brannon Avenue 708.34 feet southwest of the
                intersection of the southeast line of Brannon
                Avenue with the southwest line of East 38th Street,
                and extending southeast 324.5 feet between parallel
                lines.  Said street separates lot 2 and part of lot
                1, Resubdivision of Block 139, East End Land
                Company Addition No. 1, as shown by plat of record
                in plat book 57, page 154, ROHC, from part of block
                142, East End Land Company's Addition No. 1, as
                shown by plat of record in plat book 2, page 22,
                ROHC.  Tax Map No. 167D-F-13, 13.1, 14, 15, 16.1,
                and 16.3, and 167E-A-8.
               
               
              	   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.
0C
        
         PASSED on Third and Final
         Reading April 1, 1997.	       
s/__________________________________
              	   	     	       	    	   CHAIRPERSON
        
              	   	     	       APPROVED:__X___ DISAPPROVED: _______
        
              	   	     	       DATE:  April 2, 1997.
        
        
              	   	     	       s/__________________________________
              	   	     	       	    	      MAYOR
        
         RHRH:efl