Baltimore City Council
File #: 12-0059    Version: 0 Name: City Streets - Closing - Toone Street
Type: Ordinance Status: Enacted
File created: 4/16/2012 In control: City Council
On agenda: Final action: 6/18/2012
Enactment #: 12-30
Title: City Streets - Closing - Toone Street FOR the purpose of condemning and closing Toone Street, extending from Ponca Street easterly to the Right of Way Line of Interstate Route No. 895 (Baltimore Harbor Tunnel), as shown on Plat 92-A-32A 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. 12-0059 - 1st Reader.pdf, 2. Transportation - 12-0059.pdf, 3. DGS - 12-0059.pdf, 4. HCD - 12-0059.pdf, 5. 12-0059 - 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 - Toone Street
 
FOR the purpose of condemning and closing Toone Street, extending from Ponca Street easterly to the Right of Way Line of Interstate Route No. 895 (Baltimore Harbor Tunnel), as shown on Plat 92-A-32A 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 Toone Street, extending from Ponca Street easterly to the Right of Way Line of Interstate Route No. 895 (Baltimore Harbor Tunnel), and more particularly described as follows:
 
Beginning for Parcel No. 1 at the point formed by the intersection of the south side of Toone Street, 70 feet wide, and the east side of Ponca Street, 70 feet wide, and running thence binding on the east side of said Ponca Street, Northerly 70.0 feet to intersect the north side of said Toone Street; thence binding on the north side of said Toone Street, Easterly 180.4 feet, more or less, to intersect the western Right of Way Line of Through Highway of Interstate Route No. 895 (Baltimore Harbor Tunnel), there situate; thence binding on the western Right of Way Line of Through Highway of said Interstate Route No. 895, Southerly 70.0 feet to intersect the south side of said Toone Street, and thence binding on the south side of said Toone Street, Westerly 180.4 feet, more or less, to the place of beginning.      
 
As delineated on Plat 92-A-32A, prepared by the Survey Control Section and filed on January 24, 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 Toone 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.
 
dlr12-0139~intro/11Apr12
streetclose/TooneStreet/nbr
 
 
dlr12-0139~intro/11Apr12
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streetclose/TooneStreet/nbr