Baltimore City Council
File #: 11-0680    Version: 0 Name: City Streets - Closing - Certain Streets and Alleys Bounded by Reisterstown Road, Rogers Avenue, Gist Avenue, and Hayward Avenue
Type: Ordinance Status: Enacted
File created: 4/11/2011 In control: City Council
On agenda: Final action: 10/20/2011
Enactment #: 11-487
Title: City Streets - Closing - Certain Streets and Alleys Bounded by Reisterstown Road, Rogers Avenue, Gist Avenue, and Hayward Avenue FOR the purpose of condemning and closing certain streets and alleys bounded by Reisterstown Road, Rogers Avenue, Gist Avenue, and Hayward Avenue, as shown on Plat 254-A-40A in the Office of the Department of General Services; and providing for a special effective date.
Sponsors: City Council President (Administration)
Indexes: City Streets, City Streets - Closing, Closing
Attachments: 1. 11-0680 - 1st Reader.pdf, 2. General Services - 11-0680.pdf, 3. BDC - 11-0680.pdf, 4. Planning - 11-0680.pdf, 5. Transportation - 11-0680.pdf, 6. HCD - 11-0680.pdf, 7. 11-0680 - 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 - Certain Streets and Alleys Bounded by Reisterstown Road, Rogers Avenue, Gist Avenue, and Hayward Avenue
 
FOR the purpose of condemning and closing certain streets and alleys bounded by Reisterstown Road, Rogers Avenue, Gist Avenue, and Hayward Avenue, as shown on Plat 254-A-40A 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 certain streets and alleys bounded by Reisterstown Road, Rogers Avenue, Gist Avenue, and Hayward Avenue, and more particularly described as follows:
 
Beginning for Parcel No. 1 at the point formed by the intersection of the northwest side of Lewiston Avenue, 50 feet wide, and the southwest side of Tippett Avenue, 50 feet wide, and running thence binding on the southwest side of said Tippett Avenue North 47º 24' 19" West 531.15 feet to intersect the line of the southeast side of a 15 foot alley laid out in the rear of the properties known as Nos. 4001 through 4017 W. Rogers Avenue, if projected southwesterly; thence binding reversely on said line, so projected, North 47º 05' 45" East 50.15 feet to intersect the northeast side of said Tippett Avenue; thence binding on the northeast side of said Tippett Avenue South 47º 24' 19" East 527.21 feet to intersect the northwest side of said Lewiston Avenue, and thence binding on the northwest side of said Lewiston Avenue South 42º 35' 41" West 50.00 feet to the place of beginning.
 
Beginning for Parcel No. 2 at the point formed by the intersection of the southwest side of Tippett Avenue, 50 feet wide, and the southeast side of a 10 foot
 
 
alley laid out in the rear of the properties known as Nos. 4026 through 4032 Lewiston Avenue, said point of beginning being distant North 47º 24' 19" West 140.0 feet, more or less, measured along the southwest side of said Tippett Avenue from the northwest side of Lewiston Avenue, 50 feet wide, and running thence binding on the southeast side of said 10 foot alley South 42º 35' 41" West 91.21 feet to the southwesternmost extremity of said 10 foot alley, there situate; thence binding on the southwesternmost extremity of said 10 foot alley North 47º 24' 19" West 10.00 feet to intersect the northwest side of said 10 foot alley; thence binding on the northwest side of said 10 foot alley North 42º 35' 41"  East 91.21 feet to intersect the southwest side of said Tippett Avenue, and thence binding on the southwest side of said Tippett Avenue South 47º 24' 19" East 10.00 feet to the place of beginning.
 
Beginning for Parcel No. 3 at the point formed by the intersection of the southeast side of Rockfield Avenue, 50 feet wide, and the northeast side of Tippett Avenue, 50 feet wide, and running thence binding on the northeast side of said Tippett Avenue North 47º 24' 19" West 50.14 feet to intersect the northwest side of said Rockfield Avenue; thence binding on the northwest side of said Rockfield Avenue North 38º 22' 24" East 85.23 feet to intersect the line of the southwest side of a 16 foot alley laid out in the rear of the property known as No. 5401/5443 Tippett Avenue, if projected northwesterly; thence binding reversely on said line, so projected, South 47º 24' 19" East 50.14 feet to intersect the southeast side of said Rockfield Avenue, and thence binding on the southeast side of said Rockfield Avenue South 38º 22' 24" West 85.23 feet to the place of beginning.
 
Beginning for Parcel No. 4 at the point formed by the intersection of southeast side of Lewiston Avenue, 50 feet wide, and the northeast side of a 12 foot alley laid out contiguous to the southwest outline of the property known as No. 4041 Lewiston Avenue, said point of beginning being distant South 42º 35' 41" West 100.0 feet, more or less, measured along the southeast side of said Lewiston Avenue from the southwest side of Tippett Avenue, 50 feet wide, and running thence binding on the northeast side of said 12 foot alley South 47º 24' 19" East 100.00 feet to the southeasternmost extremity of said 12 foot alley, there situate; thence binding on the southeasternmost extremity of said 12 foot alley South 42º 35' 41" West 12.00 feet to intersect the southwest side of said 12 foot alley; thence binding on the southwest side of said 12 foot alley North 47º 24' 19" West 100.00 feet to intersect the southeast side of said Lewiston Avenue, and thence binding on the southeast side of said Lewiston Avenue North 42º 35' 41" East 12.00 feet to the place of beginning.
 
Beginning for Parcel No. 5 at the point formed by the intersection of the southwest side of Tippett Avenue, 50 feet wide, and the southeast side of Rockfield Avenue, variable width, and running thence binding on the southeast and southwest sides of said Rockfield Avenue the three following courses and distances; namely, South 38º 22' 24" West 150.41 feet, South 47º 24' 19" East 6.24 feet and  South 38º 22' 24" West 150.41 feet to intersect the northeast side of Reisterstown Road, 66 feet wide; thence binding on the northeast side of said Reisterstown Road North 47º 24' 19" West 21.28 feet to intersect the northwest side of said Rockfield Avenue; thence binding on the northwest side of said Rockfield Avenue North 38º 22' 24" East 300.82 feet to intersect the southwest side of said Tippett Avenue, and thence binding on the southwest side of said Tippett Avenue South 47º 24' 19" East 15.04 feet to the place of beginning.
 
 
Beginning for Parcel No. 6 at the point formed by the intersection of the southwest side of a varying in width alley laid out through the property now or formerly owned by Hilltop Development Associates, L.L.C., known as No. 5431/5455 Reisterstown Road and the southeast side of Rogers Avenue, 80 feet wide, said point of beginning being distant North 43º 44' 44" East 159.2 feet, more or less, measured along the southeast side of said Rogers Avenue from the northeast side of Reisterstown Road, 66 feet wide, and running thence binding on the southeast side of said Rogers Avenue North 43º 44' 44" East 20.01 feet to intersect the northeast side of said varying in width alley; thence binding on the northeast and north sides of said varying in width alley the six following courses and distances; namely, South 47º 48' 41" East 65.88 feet, South 89º 11' 41" East 35.55 feet, South 47º 48' 41" East 51.00 feet, North 86º 58' 09" East 46.38 feet, South 47º 48' 41" East 82.00 feet and North 42º 11' 19" East 62.54 feet to intersect the southwest side of Tippett Avenue, 50 feet wide; thence binding on the southwest side of said Tippett Avenue South 47º 24' 19" East 10.00 feet to intersect the southwest side of said varying in width alley, and thence binding on the southwest and south sides of said varying in width alley the six following courses and distances; namely, South 42º 11' 19" West 79.80 feet, North 47º 48' 41" West 72.00 feet, South 42º 11' 19" West 32.92 feet, North 47º 48' 41" West 98.75 feet, South 42º 11' 19" West 26.17 feet and North 47º 48' 41" West 98.02 feet to the place of beginning.
 
As delineated on Plat 254-A-40A, prepared by the Survey Control Section and filed on February 9, 2011, 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 certain streets 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 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 certain streets and alleys 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.
 
dlr11-2396~intro/07Apr11
streetclose/TippettAve/nbr
 
 
dlr11-2396~intro/07Apr11
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streetclose/TippettAve/nbr