* 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
City Streets - Closing - Milliman Street, a 10-Foot Alley, and Portions of 2 Alleys
FOR the purpose of condemning and closing (1) Milliman Street, extending from Broadway westerly to its westernmost extremity thereof, (2) a 10-foot alley, laid out along the north outline of the property known as No. 722 N. Broadway and extending from Broadway westerly 80.0 feet, more or less, (3) a 7.5-foot portion of a varying in width alley laid out in the rear of the properties known as Nos. 724 through 730 N. Broadway and extending from Madison Street southerly 70.0 feet, more or less, and (4) a 7.5-foot portion of a varying in width alley laid out in the rear of the properties known as Nos. 718 and 720 N. Broadway and distant northerly 26.0 feet, more or less, measured along the east side of said varying in width alley from the north side of Milliman Street, as shown on Plat 314-A-15G in the Office of the Department of Public Works; 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) Milliman Street, extending from Broadway westerly to its westernmost extremity thereof, (2) a 10-foot alley, laid out along the north outline of the property known as No. 722 N. Broadway and extending from Broadway westerly 80.0 feet, more or less, (3) a 7.5-foot portion of a varying in width alley laid out in the rear of the properties known as Nos. 724 through 730 N. Broadway and extending from Madison Street southerly 70.0 feet, more or less, and (4) a 7.5-foot portion of a varying in width alley laid out in the rear of the properties known as Nos. 718 and 720 N. Broadway and distant northerly 26.0 feet, more or less, measured along the east side of said varying in width alley from the north side of Milliman Street, and more particularly described as follows:
Beginning for Parcel No. 1 at the point formed by the intersection of the north side of Milliman Street, 40 feet wide, and the west side of Broadway, 130.6 feet
wide, and running thence binding on the west side of said Broadway, Southerly 40.0 feet to intersect the south side of said Milliman Street; thence binding on the south side of said Milliman Street, Westerly 100.0 feet, more or less, to the westernmost extremity of said Milliman Street; thence binding on the westernmost extremity of said Milliman Street, Northerly 40.0 feet to intersect the north side of said Milliman Street, and thence binding on the north side of said Milliman Street, Easterly 100.0 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 Broadway, 130.6 feet wide, and the south side of a 10-foot alley, laid out along the north outline of the property known as No. 722 N. Broadway, said point of beginning being distant northerly 60.0 feet, more or less, measured along the west side of said Broadway from the north side of Milliman Street, 40 feet wide, and running thence binding on the south side of said 10 foot alley, Westerly 80.0 feet, more or less; thence by a straight line drawn at a right angle to the south side of said 10-foot alley, Northerly 10.0 feet to intersect the line of the north side of said 10-foot alley, if projected westerly; thence binding reversely on the line of the north side of said 10 foot alley, so projected, on the north side of said 10-foot alley, and in all, Easterly 80.0 feet to intersect the west side of said Broadway, and thence binding on the west side of said Broadway, Southerly 10.0 feet to the place of beginning.
Beginning for Parcel No. 3 at the point formed by the intersection of the south side of Madison Street, 66 feet wide, and the east side of a varying in width alley laid out in the rear of the properties known as Nos. 724 through 730 N. Broadway, said point of beginning being distant westerly 72.5 feet, more or less, measured along the south side of said Madison Street from the west side of Broadway, 130.6 feet wide, and running thence binding on the east side of said varying in width alley, Southerly 70.0 feet, more or less, to intersect the north side of a 10-foot alley laid out along the north outline of the property known as No. 722 N. Broadway; thence binding on the north side of said 10-foot alley, Westerly 7.5 feet, to intersect a line drawn parallel with and distant 7.5 feet from the east side of said varying in width alley; thence binding on said line so drawn, Northerly 70.0 feet, more or less, to intersect the south side of said Madison Street, and thence binding on the south side of said Madison Street, Easterly 7.5 feet to the place of beginning.
Beginning for Parcel No. 4 at a point on the east side of a varying in width alley, laid out in the rear of the properties known as Nos. 718 and 720 N. Broadway, and distant northerly 26.0 feet, more or less, measured along the east side of said varying in width alley from the north side of Milliman Street, 40 feet wide, and running thence by a straight line, Northerly 19.0 feet, more or less, to intersect the north side of said varying in width alley, and thence binding on the north, east and south sides of said varying in width alley, the three following courses and distances; namely, Easterly 7.5 feet, Southerly 19.0 feet, more or less, and Westerly 7.5 feet to the place of beginning.
As delineated on Plat 314-A-15G, prepared by the Survey Control Section and filed on October 9, 2007, in the Office of the Department of Public Works.
SECTION 2. AND BE IT FURTHER ORDAINED, That the proceedings for the condemnation and closing of the street and 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 Public Works 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 Public Works 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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