* 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 - Air Rights over Howard Street
FOR the purpose of condemning and closing air rights over Howard Street, extending from a point 158.82 feet south of Pratt Street southerly 29.50 feet, as shown on Plat 346-A-53A 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 air rights over Howard Street, extending from a point 158.82 feet south of Pratt Street southerly 29.50 feet, and more particularly described as follows:
Beginning for Parcel No. 1 at a point on the east side of Howard Street, 95 feet wide, distant South 02_ 50' 20" East 158.82 feet measured along the east side of said Howard Street from the south side of Pratt Street, as now laid out 56 feet wide, and at a horizontal plane having an elevation of 50.0 feet and ascending to an elevation of unlimited height, and running thence binding on the east side of said Howard Street, South 02_ 50' 20" East 29.50 feet; thence by a straight line, South 87_ 08' 50" West 86.46 feet to intersect the eastern line of the Central Light Rail Line Franchise Area; thence binding on the eastern line of said Franchise Area, North 03_ 12' 28" West 29.50 feet, and thence by a straight line, North 87_ 08' 50" East 86.65 feet to the place of beginning.
Beginning for Parcel No. 2 at a point on the west side of Howard Street, 95 feet wide, distant South 02_ 50' 20" East 158.82 feet measured along the west side of said Howard Street from the south side of Pratt Street, as now laid out 56 feet wide, and at a horizontal plane having an elevation of 58.4 feet and ascending to
an elevation of unlimited height, and running thence by a straight line, North 87_ 02' 50" East 8.35 feet to intersect the eastern line of the Central Light Rail Line Franchise Area; thence binding on the eastern line of said Franchise Area, South 03_ 12' 28" East 29.50 feet; thence by a straight line, South 87_ 08' 50" West 8.54 feet to intersect the west side of said Howard Street, and thence binding on the west side of said Howard Street, North 02_ 50' 20" West 29.50 feet to the place of beginning.
All courses and distances in the above descriptions are referred to the true meridian as adopted by the Baltimore Survey Control System.
As delineated on Plat 346-A-53A, prepared by the Survey Control Section and filed on April 28, 2005, 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 the air rights over Howard 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.
dlr05-0320~intro/11May05
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dlr05-0320~intro/11May05
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