Baltimore City Council
File #: 08-0243    Version: 0 Name: Release of Right of Ways - (1) a 12-Foot Right of Way and (2) a Varying in Width Right of Way Granted to the Mayor and City Council of Baltimore Through the Property of Pompeian, Inc.
Type: Ordinance Status: Enacted
File created: 11/24/2008 In control: City Council
On agenda: Final action: 6/23/2009
Enactment #: 09-187
Title: Release of Right of Ways - (1) a 12-Foot Right of Way and (2) a Varying in Width Right of Way Granted to the Mayor and City Council of Baltimore Through the Property of Pompeian, Inc. FOR the purpose of authorizing the release and surrender by the Mayor and City Council of Baltimore of all of its interests in and to (1) a 12-foot wide right of way heretofore granted to the City of Baltimore through the property of Union Railroad Company of Baltimore and the Pennsylvania Railroad Company, currently owned by Pompeian, Inc., the location and course of the 12-foot wide right of way to be released being shown on Plat B.S.20-20589 prepared by the Department of Public Works - Bureau of Sewers and (2) a varying in width right of way granted to the City of Baltimore through the property of Pompeian, Inc., the location and course of the varying in width right of way to be released being shown on Plat R.W.20-36189 prepared by the Survey Control Section; and providing for a special effective da...
Sponsors: City Council President (Administration)
Indexes: Property, Release, Right-of-Way
Attachments: 1. 08-0243 - 1st Reader.pdf, 2. Finance - 08-0243.pdf, 3. Real Estate - 08-0243.pdf, 4. Planning - 08-0243.pdf, 5. DPW - 08-0243.pdf, 6. Law - 08-0243.pdf, 7. Transportation - 08-0243.pdf, 8. 08-0243 - 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
Release of Right of Ways - (1) a 12-Foot Right of Way and (2) a Varying in Width Right of Way Granted to the Mayor and City Council of Baltimore Through the Property of Pompeian, Inc.
 
FOR the purpose of authorizing the release and surrender by the Mayor and City Council of Baltimore of all of its interests in and to (1) a 12-foot wide right of way heretofore granted to the City of Baltimore through the property of Union Railroad Company of Baltimore and the Pennsylvania Railroad Company, currently owned by Pompeian, Inc., the location and course of the 12-foot wide right of way to be released being shown on Plat B.S.20-20589 prepared by the Department of Public Works - Bureau of Sewers and (2) a varying in width right of way granted to the City of Baltimore through the property of Pompeian, Inc., the location and course of the varying in width right of way to be released being shown on Plat R.W.20-36189 prepared by the Survey Control Section; and providing for a special effective date.
Body
BY authority of
  Article I - General Provisions
  Section 4
    and
  Article II - General Powers
  Section 31
  Baltimore City Charter
   (1996 Edition)
 
      Recitals
 
WHEREAS, By Agreement dated January 4, 1927, and granted unto the Mayor and City Council of Baltimore the right of way shown on a plat numbered B.S.20-20589 and dated August 27, 1926, and revised September 22, 1926, which plat is recorded with said Agreement; and
 
WHEREAS, By Agreement dated September 1, 2006, and recorded among the Land Records of Baltimore City in Liber F.M.C. No. 8439, Folio 331, granted unto the Mayor and City Council of Baltimore the right of way shown on a plat numbered R.W.20-36189 and dated February 10, 2006, which plat is recorded with said Agreement; and
 
 
 
WHEREAS, The said right of ways hereinafter described are no longer needed for public use, the public utility that had previously been therein having been abandoned and/or relocated to another right of way that was granted unto the Mayor and City Council of Baltimore.
 
  SECTION 1.  BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Comptroller of Baltimore City be and is hereby authorized on the behalf of the Mayor and City Council of Baltimore to execute and deliver unto the owner or owners of the land within the right of ways hereinafter described, a release and surrender of all of the interest of the City of Baltimore in the right of ways described as follows:
 
Beginning for a 12-foot wide right of way to be extinguished at a point on the division line between the properties known as No. 4203 Pulaski Highway and No. 200/400 N. Kresson Street said point being distant Southerly 519 feet, more or less, measured along said division line from the southeast side of Pulaski Highway, 80 feet wide, and running thence binding on said division line Southerly 12.0 feet, more or less; thence by a straight line through the property now or formerly owned by Pompeian, Inc. Westerly 221 feet, more or less, to intersect the division line between the  property known as No. 4203 Pulaski Highway and the property of Norfolk Southern Railroad Company, there situate; thence binding on last said division line  Northerly 12.0 feet, more or less, and thence by a straight line through said property 221 feet, more or less, to the place of beginning.
 
Beginning for a varying in width right of way at a point on the third line of the first parcel of land conveyed by Laco Corporation to Pompeian, Inc. by deed dated October 10, 1975 and recorded among the Land Records of Baltimore City in Liber R.H.B. No. 3281, Folio 226, said point of beginning being distant South 02? 56' 59" East 525.69 feet, measured along the east right of way line of the Norfolk Southern Railroad Right of Way, there situate, from the southeast side of Pulaski Highway, 80 feet wide, and having a coordinate value of East 15,248.980 feet and South 615.762 feet, and running thence by straight lines through the property now or formerly owned by Pompeian, Inc. the four following courses and distances; namely, North 86? 26' 31" East 168.10 feet, South 03? 33' 29" East 15.00 feet, South 86? 26' 31" West 159.16 feet and South 67? 37' 26" West 9.65 feet to intersect the third line of the first parcel of land described in said deed, and thence binding on the third line of the first parcel of land described in said deed and on the east right of way line of the Norfolk Southern Railroad Right of Way North 02? 56' 59" West 18.11 feet, as now surveyed, to the place of beginning.
 
Containing 2,536.92 square feet of land, more or less.
 
The use of the right of ways described hereinabove is no longer needed for public purposes.
 
  SECTION 2.  AND BE IT FURTHER ORDAINED, That no deed may pass under this Ordinance unless the deed has been approved by the City Solicitor.
 
  SECTION 3.  AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the date it is enacted.
 
dlr08-0526~intro/19Nov08
relrtofwayt/Pompeianproperty/nbr
 
 
dlr08-0526~intro/19Nov08
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relrtofwayt/Pompeianproperty/nbr