* 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 - Warner Street and a 5-Foot Portion of Eutaw Street
FOR the purpose of condemning and closing (i) Warner Street, extending from Worcester Street Southeasterly 478.9 feet, more or less, to Bayard Street and (ii) a 5-foot wide portion of Eutaw Street, extending from Oler Street Northeasterly 273.8 feet, more or less, to Worcester Street, as shown on Plat 102-D-60A 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 General Services shall proceed to condemn and close (i) Warner Street, extending from Worcester Street Southeasterly 478.9 feet, more or less, to Bayard Street and (ii) a 5-foot wide portion of Eutaw Street, extending from Oler Street Northeasterly 273.8 feet, more or less, to Worcester Street, and more particularly described as follows:
Beginning for Parcel No. 1 at the point formed by the intersection of the northwest side of Worcester Street, 66 feet wide, and the southwest side of Warner Street, 66 feet wide, and running thence binding on the southeast side of said Warner Street, Southwesterly 478.9 feet, more or less, to intersect the line of the northeast side of Bayard Street, 66 feet wide, if projected southeasterly; thence binding reversely on said line, so projected, Northwesterly 66.0 feet to intersect the northwest side of said Warner Street; thence binding on the northwest side of said Warner Street, Northeasterly 478.9 feet, more or less, to intersect the southwest side of said Worcester Street, and thence binding on the southwest side of said Worcester Street, Southeasterly 66.0 feet, more or less, to the place of beginning.
Beginning for Parcel No. 2 at the point formed by the intersection of the southeast side of Oler Street, 50 feet wide, and the northwest side of a 5-foot wide portion of Eutaw Street, the remaining 45-foot wide portion of Eutaw Street having been condemned and closed in accordance with Ordinance 11-432 approved April 12, 2011 by the Mayor and City Council of Baltimore as shown on a plat numbered 327-A-7B and filed in the Plats and Records Section of the Department of General Services of Baltimore City, and running thence binding on the northwest side of said Eutaw Street Northeasterly 273.8 feet, more or less, to intersect the southwest side of Worcester Street; thence binding on the southwest side of said Worcester Street, Southeasterly 5.0 feet to intersect the southeast side of the 5-foot wide portion of said Eutaw Street, which is also the northwest side of the 45-foot wide portion of said Eutaw Street, as closed under Ordinance 11-432, there situate; thence binding on the southeast and northwest sides of said Eutaw Street, Southwesterly 273.8 feet, more or less, to intersect the southeast side of said Oler Street; and thence binding on the southeast side of said Oler Street Northwesterly 5.0 feet to the place of beginning.
As delineated on Plat 102-D-60A, prepared by the Survey Control Section and filed on October 12, 2012, 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 Warner Street and a 5-foot wide portion of Eutaw 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 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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