Baltimore City Council
File #: 08-0200    Version: 0 Name: City Streets - Closing - A Portion of Baltimore Street
Type: Ordinance Status: Enacted
File created: 9/15/2008 In control: City Council
On agenda: Final action: 2/17/2009
Enactment #: 09-123
Title: City Streets - Closing - A Portion of Baltimore Street FOR the purpose of condemning and closing a portion of Baltimore Street, contiguous to the south side thereof and extending from Fremont Avenue, Westerly 247.0 feet, more or less, as shown on Plat 111-D-55 in the Office of the Department of Public Works; and providing for a special effective date.
Sponsors: City Council President (Administration)
Indexes: City Streets - Closing, Closing, Streets
Attachments: 1. 08-0200 - 1st Reader.pdf, 2. DPW - 08-0200.pdf, 3. BDC - 08-0200.pdf, 4. HCD- 08-0200.pdf, 5. Transportation - 08-0200.pdf, 6. Planning - 08-0200.pdf, 7. 08-0200 - 3rd Reader.pdf

                     * 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 - A Portion of Baltimore Street

 

FOR the purpose of condemning and closing a portion of Baltimore Street, contiguous to the south side thereof and extending from Fremont Avenue, Westerly 247.0 feet, more or less, as shown on Plat 111-D-55 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 a portion of Baltimore Street, contiguous to the south side thereof and extending from Fremont Avenue, Westerly 247.0 feet, more or less, and more particularly described as follows:

 

Beginning for Parcel No. 1 at the point formed by the intersection of the southwest side of Fremont Avenue, 66 feet wide, and the south side of Baltimore Street, 66 feet wide, and  running thence binding on the south side of said Baltimore Street, Westerly 247.0 feet, more or less, to intersect the division line between the properties known as No. 801 W. Baltimore Street and No. 825 W. Baltimore Street; thence by a straight line, Northerly 2.0 feet to intersect a line drawn parallel with and distant 2.00 feet measured at a right angle to the south side of said Baltimore Street; thence binding on said line, so drawn, Easterly 246.3 feet, more or less, to intersect the southwest side of said Fremont Avenue, and thence binding on the southwest side of said Fremont Avenue, Southeasterly 2.1 feet, more or less, to the place of beginning.

 

As delineated on Plat 111-D-55, prepared by the Survey Control Section and filed on July 23, 2008, 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 a portion of Baltimore Street 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.

 

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streetclose/Baltimorestreet/nbr

 

 

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streetclose/Baltimorestreet/nbr