* 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: Councilmember Torrence
At the request of: The Administration (Department of Transportation)
A Bill Entitled
An Ordinance concerning
title
City Streets - Closing - Subterranean Portions of Certain Streets and Alleys Bounded by Portions of Linden Avenue, W. North Avenue, Eutaw Place, Ducatel Street, Brookfield Avenue, Reservoir Street, Whitelock Street, Newington Avenue, Callow Avenue, Park Avenue, and Mt. Royal Terrace
For the purpose of condemning and closing subterranean portions of certain streets and alleys bounded by portions of Linden Avenue, W. North Avenue, Eutaw Place, Ducatel Street, Brookfield Avenue, Reservoir Street, Whitelock Street, Newington Avenue, Callow Avenue, Park Avenue, and Mt. Royal Terrace as shown on plat number 316-C-3A Sheets 1 through 5 and dated June 8, 2023, prepared by Whitman, Requardt & Associates, LLP and filed in the City of Baltimore Department of Transportation; 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 Transportation shall proceed to condemn and close certain subterranean portions of certain streets and alleys bounded by Linden Avenue, W. North Avenue, Eutaw Place, Ducatel Street, Brookfield Avenue, Reservoir Street, Whitelock Street, Newington Avenue, Callow Avenue, Park Avenue, and Mt. Royal Terrace, and more particularly described as follows:
Description of
Subterranean Portions of Certain Streets and Alleys Lying Within the Area Bounded by Linden Avenue, W. North Avenue, Eutaw Place and Ducatel Street
Ward 13, Section 09, Blocks 3426 and 3427
All that land known as Parcel 24A at a horizontal plane having an elevation of plus 131.00 feet which has reference to the North American Vertical Datum of 1988 (NAVD 88) extending to an unlimited depth and contained within the following metes and bounds: Beginning on the southeast side of Ducatel Street at its intersection with the southwest side of Linden Avenue, thence leaving Linden Avenue and binding on the southeast side of Ducatel Street, South 53 degrees 01 minutes 49 seconds West a distance of 140.39 feet to the northeast side of Jordan Street, thence by a new line of division leaving the southeast side of Ducatel Street, North 38 degrees 45 minutes 30 seconds West a distance of 60.03 feet to the northeast intersection of Ducatel Street and Jordan Street, thence binding on said northeast side of Ducatel Street, North 53 degrees 01 minutes 49 seconds East 142.23 feet to the southwest side of Linden Avenue, thence binding thereon, South 36 degrees 59 minutes 38 seconds East a distance of 60.00 feet to the place of beginning.
Containing 8,479 square feet or 0.195 acres, more or less.
All that land known as Parcel 24B at a horizontal plane having an elevation of plus 131.00 feet which has reference to the North American Vertical Datum of 1988 (NAVD 88) extending to an unlimited depth and contained within the following metes and bounds: Beginning on the northeast side of Jordan Street at its intersection with the southeast side of Ducatel Street, thence leaving said southeast side of Ducatel Street and binding on the northeast side of Jordan Street, South 37 degrees 01 minutes 31 seconds East a distance of 478.90 feet, thence by a new line of division leaving the northeast side of Jordan Street, South 53 degrees 00 minutes 22 seconds West a distance of 20.00 feet to the southwest side of Jordan Street, thence binding thereon, North 37 degrees 01 minutes 31 seconds West 478.91 feet to the southeast side of Ducatel Street, thence binding thereon, North 53 degrees 01 minutes 49 seconds East a distance of 20.00 feet to the place of beginning.
Containing 9,578 square feet or 0.220 acres, more or less.
All that land known as Parcel 24C at a horizontal plane having an elevation of plus 131.00 feet which has reference to the North American Vertical Datum of 1988 (NAVD 88) extending to an unlimited depth and contained within the following metes and bounds: Beginning on the northeast side of Jordan Street at its intersection with the northwest side of a 10 foot wide Alley which is parallel to and 87 feet, more or less southeast of Ducatel Street, thence leaving said northeast side of Jordan Street and binding on the northwest side of said 10 foot Alley, North 53 degrees 00 minutes 22 seconds East a distance of 30.05 feet to the southwest side of another 10 foot wide Alley which is parallel to and 100 feet, more or less southwest of Linden Avenue, thence binding thereon, South 37 degrees 01 minutes 31 seconds West a distance of 10.00 feet to the southeast side of the first mentioned 10 foot wide Alley, thence binding thereon, South 53 degrees 00 minutes 22 seconds West 30.05 feet to the northeast side of Jordan Street, thence binding thereon, North 37 degrees 01 minutes 31seconds West a distance of 10.00 feet to the place of beginning.
Containing 301 square feet or 0.007 acres, more or less.
All that land known as Parcel 24D at a horizontal plane having an elevation of plus 131.00 feet which has reference to the North American Vertical Datum of 1988 (NAVD 88) extending to an unlimited depth and contained within the following metes and bounds: Beginning on the southeast side of Ducatel Street at its intersection with the northeast side of the 10 foot wide Alley which is parallel to and 100 feet, more or less southwest of Linden Avenue, thence leaving said southeast side of Ducatel Street and binding on the northeast side of said 10 foot wide Alley, South 37 degrees 01 minutes 31 seconds East a distance of 97.35 feet, thence, South 53 degrees 00 minutes 22 seconds West a distance of 10.00 feet to the southwest side of said 10 foot wide Alley, thence binding thereon, North 37 degrees 01 minutes 31 seconds West 97.35 feet to the southeast side of Ducatel Street, thence binding thereon, North 53 degrees 01 minutes 49 seconds East a distance of 10.00 feet to the place of beginning.
Containing 974 square feet or 0.022 acres, more or less.
As delineated on plats number 316-C-3A Sheet 1 of 5 and dated June 8, 2023 and on file in the Office of the Department of Transportation.
Description of
Subterranean Portions of Certain Streets and Alleys Lying Within the Area Bounded by Brookfield Avenue, Reservoir Street, Linden Avenue and Whitelock Street
Ward 13, Section 10, Blocks 3445 and 3447 and
Ward 13, Section 09, Blocks 3429
All that land known as Parcel 25 at a horizontal plane having an elevation of plus 113.00 feet which has reference to the North American Vertical Datum of 1988 (NAVD 88) extending to an unlimited depth and contained within the following metes and bounds: Beginning on the southwest side of Mason Alley at its intersection with the northwest side of Ducatel Street, thence leaving Ducatel Street and binding on the southwest side of Mason Alley, North 36 degrees 59 minutes 30 seconds West 100.98 feet, thence by a new line of division leaving the southwest side of Mason Alley, North 53 degrees 00 minutes 30 seconds East a distance of 22.5 feet to the northeast side of Mason Alley, thence binding thereon, South 36 degrees 59 minutes 30 seconds East a distance of 101.00 feet to the northwest side of Ducatel Street, thence binding thereon, South 53 degrees 03 minutes 44 seconds West a distance of 22.50 feet to the place of beginning.
Containing 2,272 square feet or 0.052 acres, more or less.
All that land known as Parcel 26A at a horizontal plane having an elevation of plus 113 feet which has reference to the North American Vertical Datum of 1988 (NAVD 88) extending to an unlimited depth and contained within the following metes and bounds: Beginning on the southeast side of Ducatel Street at its intersection with the southwest side of Brookfield Avenue, thence leaving Brookfield Avenue and binding on the southeast side of Ducatel Street, South 53 degrees 03 minutes 44 seconds West 219.72 feet, thence by a new line of division leaving the southeast side of Ducatel Street, North 36 degrees 56 minutes 16 seconds West 60.00 feet to the northwest side of Ducatel Street, thence binding thereon, North 53 degrees 03 minutes 44 seconds East 219.72 feet to the southwest side of Brookfield Avenue aforesaid, thence binding thereon, South 36 degrees 56 minutes 28 seconds East 60.00 feet to the place of beginning.
Containing 13,183 sq. ft. or 0.303 acres, more or less.
All that land known as Parcel 26B at a horizontal plane having an elevation of plus 113 feet which has reference to the North American Vertical Datum of 1988 (NAVD 88) extending to an unlimited depth and contained within the following metes and bounds: Beginning on the southwest side of Brookfield Avenue at its intersection with the northwest side of Ducatel Street, thence by a new line of division leaving the southwest side of Brookfield Avenue, North 53 degrees 03 minutes 32 seconds East 66.00 feet to the northeast side of Brookfield Avenue, thence binding thereon, South 36 degrees 56 minutes 28 seconds East 177.32 feet, thence by another new line of division leaving the northeast side of Brookfield Avenue, South 53 degrees 03 minutes 32 seconds West 66.00 feet to the southwest side of Brookfield Avenue aforesaid, thence binding thereon, North 36 degrees 56 minutes 28 seconds West 177.32 feet to the place of beginning.
Containing 11,703 sq. ft. or 0.269 acres, more or less.
As delineated on plat number 306-C-3A Sheet 2 of 5 and dated June 8, 2023 and on file in the Office of the Department of Transportation.
Description of
Subterranean Portions of Certain Streets and Alleys Lying Within the Area Bounded by Newington Avenue, Callow Avenue, Reservoir Street and Brookfield Avenue
Ward 13, Section 10, Blocks 3445 and
Ward 13, Section 11, Blocks 3446
All that land known as Parcel 27B at a horizontal plane having an elevation of plus 113.00 feet which has reference to the North American Vertical Datum of 1988 (NAVD 88) extending to an unlimited depth and contained within the following metes and bounds: Beginning on the west side of an unnamed 15 foot wide Alley which is parallel to and 135 feet, more or less west of Callow Avenue at its intersection with the north side of Reservoir Street, thence leaving Reservoir Street and binding on the west side of said Alley, North 01 degrees 01 minutes 25 seconds West a distance of 142.25 feet to the south side of an unnamed 20 foot wide Alley which is parallel to and 120 feet, more or less south of Newington Avenue, thence binding thereon, North 89 degrees 00 minutes 49 seconds East a distance of 15.00 feet to the east side of the 15 foot wide Alley, thence binding thereon, South 01 degrees 01 minutes 25 seconds East 141.72 feet to the north side of Reservoir Street, thence binding thereon, South 86 degrees 59 minutes 06 seconds West a distance of 15.01 feet to the place of beginning.
Containing 2,130 square feet or 0.049 acres, more or less.
All that land known as Parcel 27C at a horizontal plane having an elevation of plus 113.00 feet which has reference to the North American Vertical Datum of 1988 (NAVD 88) extending to an unlimited depth and contained within the following metes and bounds: Beginning on the west side of an unnamed 15 foot wide Alley which is parallel to and 224 feet, more or less west of Callow Avenue at its intersection with the north side of Reservoir Street, thence leaving Reservoir Street and binding on the west side of said Alley, North 01 degrees 01 minutes 25 seconds West a distance of 145.39 feet to the south side of an unnamed 20 foot wide Alley which is parallel to and 120 feet, more or less south of Newington Avenue, thence binding thereon, North 89 degrees 00 minutes 49 seconds East a distance of 15.00 feet to the east side of the 15 foot wide Alley, thence binding thereon, South 01 degrees 01 minutes 25 seconds East 144.86 feet to the north side of Reservoir Street, thence binding thereon, South 86 degrees 59 minutes 06 seconds West a distance of 15.00 feet to the place of beginning.
Containing 2,176 square feet or 0.050 acres, more or less.
All that land known as Parcel 27D at a horizontal plane having an elevation of plus 113.00 feet which has reference to the North American Vertical Datum of 1988 (NAVD 88) extending to an unlimited depth and contained within the following metes and bounds: Beginning on the west side of an unnamed 10 foot wide Alley which is parallel to and 174 feet more or less west of Callow Avenue at its intersection with the south side of an unnamed 20 foot wide Alley which is parallel to and 120 feet south of Newington Avenue, thence binding on said 20 foot wide Alley, North 89 degrees 00 minutes 49 seconds East 10.00 feet, thence leaving said 20 foot wide Alley and binding on the east side of the 10 foot wide Alley, South 01 degrees 01 minutes 25 seconds East a distance of 24.69 feet to the north side of another unnamed 10 foot wide Alley which is parallel to and 165 feet south of Newington Avenue, thence binding thereon, South 89 degrees 00 minutes 49 seconds West a distance of 10.00 feet to the west side of the first mentioned 10 foot wide Alley, thence binding thereon, North 01 degrees 01 minutes 25 seconds West a distance of 24.69 feet to the place of beginning.
Containing 247 square feet or 0.006 acres, more or less.
All that land known as Parcel 27E at a horizontal plane having an elevation of plus 113.00 feet which has reference to the North American Vertical Datum of 1988 (NAVD 88) extending to an unlimited depth and contained within the following metes and bounds: Beginning on the south side of a 10 foot wide Alley, located 110 feet, more or less north of Reservoir Street at its intersection with the east side of a 15 foot wide Alley, located 224 feet, more or less west of Callow Avenue, thence binding on said 15 foot wide Alley, North 01 degrees 01 minutes 25 seconds West 10.00 feet, thence leaving said 15 foot wide Alley and binding on the north side of the 10 foot wide Alley, North 89 degrees 00 minutes 49 seconds East a distance of 49.97 feet, thence, South 01 degrees 01 minutes 25 seconds East a distance of 10.00 feet to the south side of the 10 foot wide Alley, thence binding thereon, South 89 degrees 00 minutes 49 seconds West a distance of 49.97 feet to the place of beginning.
Containing 500 square feet or 0.011 acres, more or less.
All that land known as Parcel 28 at a horizontal plane having an elevation of plus 113.00 feet which has reference to the North American Vertical Datum of 1988 (NAVD 88) extending to an unlimited depth and contained within the following metes and bounds: Beginning on the west side of Callow Avenue, 38.57 feet distant from the north side of Reservoir Street, thence binding on said west side of Callow Avenue, North 01 degrees 01 minutes 25 seconds West a distance of 108.94 feet, thence by a new line of division, North 88 degrees 58 minutes 35 seconds East a distance of 66.00 feet to the east side of Callow Avenue, thence binding thereon, South 01 degrees 01 minutes 25 seconds East 108.94 feet, thence by a new line of division, South 88 degrees 58 minutes 35 seconds West a distance of 66.00 feet to the place of beginning.
Containing 7,190 square feet or 0.165 acres, more or less.
As delineated on plat number 316-C-3A sheet 3 of 5 and dated June 8, 2023 and on file in the Office of the Department of Transportation.
Description of
Subterranean Portions of Certain Street and Alleys Lying with the Area Bounded by Newington Avenue, Park Avenue, Reservoir Street and Callow Avenue
Ward 13, Section 11, Blocks 3446
All that land known as Parcel 29B at a horizontal plane having an elevation of plus 113.00 feet which has reference to the North American Vertical Datum of 1988 (NAVD 88) extending to an unlimited depth and contained within the following metes and bounds: Beginning on the west side of a 15 foot Alley which is parallel to and 135 feet, more or less east of Callow Avenue and being 54.68 feet distant from its intersection with the north side of Reservoir Street, thence binding on said west side of the 15 foot wide Alley, North 01 degrees 05 minutes 27 seconds West a distance of 80.35 feet to the south side of a 15 foot wide Alley which is parallel to and 120 feet, more or less south of Newington Avenue, thence binding thereon, North 88 degrees 56 minutes 22 seconds East a distance of 15.00 feet to the east side of the first mentioned 15 foot wide Alley, thence binding thereon, South 01 degrees 05 minutes 27 seconds East 80.06 feet, thence by a new line of division, South 87 degrees 50 minutes 44 seconds West a distance of 15.00 feet to the place of beginning.
Containing 1,203 square feet or 0.028 acres, more or less.
All that land known as Parcel 29C at a horizontal plane having an elevation of plus 113.00 feet which has reference to the North American Vertical Datum of 1988 (NAVD 88) extending to an unlimited depth and contained within the following metes and bounds: Beginning on the north side of a 15 foot wide Alley which is parallel to and 120 feet, more or less south of Newington Avenue at its intersection with the west side of another 15 foot wide Alley which is parallel to and 120 feet east of Callow Avenue, thence binding on the north side of the first mentioned 15 foot wide Alley, North 88 degrees 56 minutes 22 seconds East 413.60 feet, thence, North 53 degrees 06 minutes 59 seconds East a distance of 26.24 feet to the southwest side of another 15 foot wide Alley which is parallel to and 112 feet southwest of Park Avenue, thence binding thereon, South 36 degrees 41 minutes 12 seconds East a distance of 15.00 feet to the south side of the first mentioned 15 foot wide Alley, thence binding thereon, South 53 degrees 06 minutes 59 seconds West a distance of 31.04 feet, thence, South 88 degrees 56 minutes 22 seconds West a distance of 418.41 feet to the west end of the 15 foot wide Alley, thence binding thereon, North 01 degrees 10 minutes 35 seconds West a distance of 15.00 feet the place of beginning.
Containing 6,670 square feet or 0.153 acres, more or less.
All that land known as Parcel 29D at a horizontal plane having an elevation of plus 113.00 feet which has reference to the North American Vertical Datum of 1988 (NAVD 88) extending to an unlimited depth and contained within the following metes and bounds: Beginning on the southwest side of an unnamed 15 foot wide Alley which is parallel to and 112 feet, more or less southwest of Park Avenue, being 79.63 feet distant along said southwest side of the Alley from the north side of Reservoir Street, thence binding on the southwest side of said 15 foot wide Alley, North 36 degrees 41 minutes 12 seconds West 122.86 feet, thence by a new line of division, North 53 degrees 18 minutes 48 seconds East a distance of 15.00 feet to the northeast side of said 15 foot wide Alley, thence binding thereon, South 36 degrees 41 minutes 12 seconds West a distance of 122.86 feet, thence by a new line of division, South 53 degrees 18 minutes 48 seconds West a distance of 15.00 feet to the place of beginning.
Containing 1,843 square feet or 0.042 acres, more or less.
As delineated on plat number 316-C-3A sheet 4 of 5 and dated June 8, 2023 and on file in the Office of the Department of Transportation.
Description of
Subterranean Portions of Certain Streets and Alleys Lying with the Area Bounded by Mt. Royal Terrace, Reservoir Street, Park Avenue and Newington Avenue
Ward 13, Section 11, Blocks 3446 & 3448
All that land known as Parcel Number 30 at a horizontal plane having an elevation of plus 113.00 feet which has reference to the North American Vertical Datum of 1988 (NAVD 88) extending to an unlimited depth and contained within the following metes and bounds: Beginning on the west side of Park Avenue, 42.50 feet distant from the north side of Reservoir Street, thence binding on said west side of Park Avenue, North 36 degrees 41 minutes 12 seconds West a distance of 190.57 feet, thence by a new line of division, North 86 degrees 51 minutes 13 seconds East a distance of 79.18 feet to the east side of Park Avenue, thence binding thereon, South 36 degrees 41 minutes 12 seconds East 146.82 feet, thence by a new line of division, South 53 degrees 18 minutes 48 seconds West a distance of 66.00 feet to the place of beginning.
Containing 11,134 square feet or 0.256 acres, more or less.
All that land known as Parcel Number 31 at a horizontal plane having an elevation of plus 113.00 feet which has reference to the North American Vertical Datum of 1988 (NAVD 88) extending to an unlimited depth and contained within the following metes and bounds: Beginning on the northeast side of an unnamed 15 foot Alley which is parallel to and 133 feet, more or less southeast of Mt. Royal Terrace at its intersection with the north side of another unnamed 15 foot wide Alley which is parallel to and 85 feet north of Reservoir Street, thence binding on the north side of the last mentioned Alley, South 86 degrees 50 minutes 38 seconds West 18.01 feet to the southwest side of the first mentioned 15 foot wide Alley, thence binding thereon, North 36 degrees 46 minutes 39 seconds West a distance of 116.02 feet, thence by a new line of division, North 53 degrees 17 minutes 40 seconds East a distance of 15.00 feet to the northeast side of the first mentioned Alley, thence binding thereon, South 36 degrees 46 minutes 39 seconds East a distance of 125.98 feet to the place of beginning.
Containing 1,815 square feet or 0.042 acres, more or less.
All that land known as Parcel Number 32 at a horizontal plane having an elevation of plus 113.00 feet which has reference to the North American Vertical Datum of 1988 (NAVD 88) extending to an unlimited depth and contained within the following metes and bounds: Beginning on the west side of Mt. Royal Terrace, 88.42 feet distant from the north side of Reservoir Street, thence binding on said west side of Mt. Royal Terrace, North 36 degrees 38 minutes 01 seconds West a distance of 104.58 feet, thence by a new lines of division, North 84 degrees 17 minutes 59 seconds East a distance of 118.53 feet to intersect the 11th or South 29-1/4 degrees East 125 perches line of the land which by deed dated April 20, 1869 and recorded among the Land Records of Baltimore County, Maryland in Liber E.H.A. 62, Folio 3 was granted and conveyed by Hugh L. Bond, Trustee to the Northern Central Railway Company, thence running and binding on a part thereof, South 32 degrees 48 minutes 33 seconds East 100.13 feet, thence South 83 degrees 59 minutes 59 seconds West a distance of 110.41 feet to the place of beginning.
Containing 10,250 square feet or 0.235 acres, more or less.
As delineated on plats numbered 316-C-3A sheet 5 of 5 and dated June 8, 2023 and on file in the Office of the Department of Transportation.
As delineated on a plat numbered 316-C-3A Sheets 1 through 5 prepared by the Survey Control Section and filed on June 8, 2023 in the Office of the Department of Transportation.
Section 2. And be it further ordained, That the proceedings for the condemnation and closing of subterranean portions of certain streets and alleys bounded by portions of Linden Avenue, W. North Avenue, Eutaw Place, Ducatel Street, Brookfield Avenue, Reservoir Street, Whitelock Street, Newington Avenue, Callow Avenue, Park Avenue, and Mt. Royal Terrace 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.
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 Transportation 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 Transportation.
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.