Baltimore City Council
File #: 10-0579    Version: 0 Name: City Streets - Closing - Bruce Street and 2 10-Foot Alleys Lying Within the Penn North Housing and Community Development Project
Type: Ordinance Status: Enacted
File created: 8/9/2010 In control: City Council
On agenda: Final action: 12/13/2010
Enactment #: 10-400
Title: City Streets - Closing - Bruce Street and 2 10-Foot Alleys Lying Within the Penn North Housing and Community Development Project FOR the purpose of condemning and closing (1) Bruce Street, extending from Clifton Avenue, Southerly and Southeasterly 400.4 feet, more or less, (2) a 10-foot alley located on the west side of Bruce Street, distant 106.0 feet, more or less, southerly from Clifton Avenue, and extending westerly 52.0 feet, more or less, and (3) a 10-foot alley located on the east side of Bruce Street, distant 82.0 feet, more or less, southerly from Clifton Avenue, and extending easterly 35.0 feet, more or less, and lying within the Penn North Housing and Community Development Project, as shown on Plat 264-A-20A in the Office of the Department of General Services; and providing for a special effective date.
Sponsors: City Council President (Administration)
Indexes: City Streets - Closing, Closing, Streets
Attachments: 1. 10-0579 - 1st Readert.pdf, 2. BDC - 10-0579.pdf, 3. General Services - 10-0579.pdf, 4. Transportation - 10-0579.pdf, 5. Planning - 10-0579.pdf, 6. HCD - 10-0579.pdf, 7. 10-0579 - 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 General Services)                                          
      A BILL ENTITLED
 
AN ORDINANCE concerning
title
City Streets - Closing - Bruce Street and 2 10-Foot Alleys Lying Within the Penn North Housing and Community Development Project
 
FOR the purpose of condemning and closing (1) Bruce Street, extending from Clifton Avenue, Southerly and Southeasterly 400.4 feet, more or less, (2) a 10-foot alley located on the west side of Bruce  Street, distant 106.0 feet, more or less, southerly from Clifton Avenue, and extending westerly 52.0 feet, more or less, and (3) a 10-foot alley located on the east  side of Bruce Street, distant 82.0 feet, more or less, southerly from Clifton Avenue, and extending easterly 35.0 feet, more or less, and lying within the Penn North Housing and Community Development Project, as shown on Plat 264-A-20A in the Office of the Department of General Services; 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) Bruce Street, extending from Clifton Avenue, Southerly and Southeasterly 400.4 feet, more or less, (2) a 10-foot alley located on the west side of Bruce  Street, distant 106.0 feet, more or less, southerly from Clifton Avenue, and extending westerly 52.0 feet, more or less, and (3) a 10-foot alley located on the east  side of Bruce Street, distant 82.0 feet, more or less, southerly from Clifton Avenue, and extending easterly 35.0 feet, more or less, and lying within the Penn North Housing and Community Development Project, and more particularly described as follows:
 
Beginning for Parcel No. 1 at the point formed by the intersection of the east side of Bruce Street, 20 feet wide, and the southeast side of Clifton Avenue, 60 feet wide, and running thence binding on the east and northeast sides of said Bruce Street, the two following courses and distances; namely, Southerly 200.6 feet, more or less, and Southeasterly 200.5 feet, more or less, to intersect the line of the division line between the properties known as Nos. 2650 Bruce Street and 1900
 
 
Retreat Street, if projected northeasterly; thence binding reversely on said line so projected, Southwesterly 20.6 feet, more or less, to intersect the southwest side of said Bruce Street; thence binding on the southwest and west sides of said Bruce Street, the two following courses and distances; namely, Northwesterly 205.7 feet, more or less, and Northerly 194.0 feet, more or less, to intersect the southeast side of said Clifton Avenue, and thence binding on the southeast side of said Clifton Avenue, Northeasterly 26.0 feet, more or less, to the place of beginning.
 
Beginning for Parcel No. 2 at the point formed by the intersection of the west side of Bruce Street, 20 feet wide, and the north side of a 10-foot alley, distant southerly 106.0 feet, more or less, measured along the west side of said Bruce Street, from the southeast side of Clifton Avenue, 66 feet wide, and laid out in the rear of the properties known as Nos. 1617 and 1615 Clifton Avenue, and running  thence binding on the west side of said Bruce Street, Southerly 10.0 feet, to intersect the south side of said 10-foot alley; thence binding on the south side of said 10-foot alley, Westerly 52.0 feet, more or less, to intersect the east side of a 10-foot alley, laid out in the rear of the properties known as Nos. 2001 through 2045 N. Fulton Avenue; thence binding on the east side of last said 10-foot alley, Northerly 10.0 feet, to intersect the north side of said 10-foot alley, mentioned firstly herein, and thence binding on the north side of said 10-foot alley, mentioned firstly herein, Easterly 52.0 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 Bruce Street, 20 feet wide, and the north side of a 10-foot alley, distant southerly 82.0 feet, more or less, measured along the east side of said Bruce Street, from the southeast side of Clifton Avenue, 66 feet wide, and running thence binding on the north side of said 10-foot alley, Easterly 38.0 feet, more or less, to its easternmost extremity, thereof, there situate; thence binding on the easternmost extremity of said 10-foot alley, Southwesterly 11.7 feet, more or less, to intersect the south side of said 10-foot alley; thence binding on the south side of said 10-foot alley, Westerly 32.0 feet, more or less, to intersect the east side of said Bruce Street; and thence binding on the east side of said Bruce Street, Northerly 10.0 feet to the place of beginning.
 
As delineated on Plat 264-A-20A, prepared by the Survey Control Section and filed on June 17, 2010, in the Office of the Department of General Services.
 
  SECTION 2.  AND BE IT FURTHER ORDAINED, That the proceedings for the condemnation and closing of Bruce Street and 2 10-foot alleys 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 General Services 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 General Services 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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