* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: The Council President
At the request of: The Administration (Department of Public Works)
A BILL ENTITLED
AN ORDINANCE concerning
Title
City Streets - Closing - Montreal Street and 2 Portions of Mount Royal Avenue
FOR the purpose of condemning and closing (1) Montreal Street, extending from North Avenue Southerly to Mount Royal Avenue, (2) a portion of Mount Royal Avenue contiguous to the northeast side thereof, and (3) a portion of Mount Royal Avenue contiguous to the northeast side thereof, extending from McMechen Street, Northwesterly 144.3 feet, more or less, as shown on Plat 348-A-87 in the Office of the Department of Public Works; and providing for a special effective date.
Body
BY authority of
Article I - General Provisions
Section 4
and
Article II - General Powers
Sections 2, 34, 35
Baltimore City Charter
(1996 Edition)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Department of Public Works shall proceed to condemn and close (1) Montreal Street, extending from North Avenue Southerly to Mount Royal Avenue, (2) a portion of Mount Royal Avenue contiguous to the northeast side thereof, and (3) a portion of Mount Royal Avenue contiguous to the northeast side thereof, extending from McMechen Street, Northwesterly 144.3 feet, more or less, and more particularly described as follows:
Beginning for Parcel No. 1 at the point formed by the intersection of the west side of Montreal Street, 66 feet wide, and the south side of North Avenue, 100 feet wide, and running thence binding on the south side of said North Avenue, Easterly 66.0 feet to intersect the east side of said Montreal Street; thence binding on the east side of said Montreal Street, Southerly 127.2 feet, more or less, to intersect the northeast side of Mount Royal Avenue, varying in width; thence binding on the northeast side of said Mount Royal Avenue, the 2 following courses and distances; namely, Northwesterly 63.9 feet, more or less, and Northwesterly 12.6 feet, more or less, to intersect the west side of said Montreal Street, and thence binding on the west side of said Montreal Street, Northerly 89.6 feet, more or less, to the place of beginning.
Beginning for Parcel No. 2 at a point on the northeast side of Mount Royal Avenue, varying in width, distant southeasterly 36.9 feet, more or less, measured along the northeast side of said Mount Royal Avenue, from the south side of North Avenue, 100 feet wide, and running thence binding on the northeast side of said Mount Royal Avenue, Southeasterly 48.8 feet, more or less, and thence by straight lines through the bed of said Mount Royal Avenue, the 2 following courses and distances; namely, Northwesterly 46.7 feet, more or less, and Northeasterly 4.4 feet, more or less, to the place of beginning.
Beginning for Parcel No. 3 at the point formed by the intersection of the east side of Montreal Street, 66 feet wide, and the northeast side of Mount Royal Avenue, varying in width, and running thence binding on the northeast side of said Mount Royal Avenue, Southeasterly 80.4 feet, more or less, to intersect the northwest side of McMechen Street, 66 feet wide; thence by straight lines through the bed of said Mount Royal Avenue, the 3 following courses and distances; namely, Northwesterly 30.3 feet, more or less, Northwesterly 69.6 feet, more or less, and Northwesterly 43.2 feet, more or less, to intersect the northeast side of said Mount Royal Avenue, and thence binding on the northeast side of said Mount Royal Avenue, Southeasterly 63.9 feet, more or less, to the place of beginning.
As delineated on Plat 348-A-87, prepared by the Survey Control Section and filed on June 15, 2006, in the Office of the Department of Public Works.
SECTION 2. AND BE IT FURTHER ORDAINED, That the proceedings for the condemnation and closing of Montreal Street and 2 portions of Mount Royal Avenue and the rights of all interested parties shall be regulated by and in accordance with all applicable provisions of state and local law and with all applicable rules and regulations adopted by the Director of Public Works and filed with the Department of Legislative Reference.
SECTION 3. AND BE IT FURTHER ORDAINED, That after the closing under this Ordinance, all subsurface structures and appurtenances now owned by the Mayor and City Council of Baltimore continue to be the property of the Mayor and City Council, in fee simple, until their use has been abandoned by the Mayor and City Council. If any person wants to remove, alter, or interfere with them, that person must first obtain permission from the Mayor and City Council and, in the application for this permission, must agree to pay all costs and expenses, of every kind, arising out of the removal, alteration, or interference.
SECTION 4. AND BE IT FURTHER ORDAINED, That no building or structure of any kind (including but not limited to railroad tracks) may be constructed or erected in or on any part of the street closed under this Ordinance until all subsurface structures and appurtenances owned by the Mayor and City Council of Baltimore have been abandoned by the Mayor and City Council or, at the expense of the person seeking to erect the building or structure, have been removed and relaid in accordance with the specifications and under the direction of the Director of Public Works of Baltimore City.
SECTION 5. AND BE IT FURTHER ORDAINED, That after the closing under this Ordinance, all subsurface structures and appurtenances owned by any person other than the Mayor and City Council of Baltimore shall be removed by and at the expense of their owners, promptly upon notice to do so from the Director of Public Works.
SECTION 6. AND BE IT FURTHER ORDAINED, That at all times after the closing under this Ordinance, the Mayor and City Council of Baltimore, acting by or through its authorized representatives, shall have access to the subject property and to all subsurface structures and appurtenances used by the Mayor and City Council, for the purpose of inspecting, maintaining, repairing, altering, relocating, or replacing any of them, without need to obtain permission from or pay compensation to the owner of the property.
SECTION 7. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the date it is enacted.
dlr06-0942~intro/09Aug06
streetclose/Montreal/nbr
dlr06-0942~intro/09Aug06
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streetclose/Montreal/nbr