Baltimore City Council
File #: 06-0324    Version: 0 Name: Release of Right-of-Way - A Variable Width Right-of-Way Granted to the Mayor and City Council of Baltimore through the Property of Ausa Holding Company C/O R.E. McElroy, Inc.
Type: Ordinance Status: Enacted
File created: 1/23/2006 In control: City Council
On agenda: Final action: 6/14/2006
Enactment #: 06-246
Title: Release of Right-of-Way - A Variable Width Right-of-Way Granted to the Mayor and City Council of Baltimore through the Property of Ausa Holding Company C/O R.E. McElroy, 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 a variable width right-of-way for a Perpetual Easement for Municipal Utilities and Services granted to the City of Baltimore through the property of Ausa Holding Company C/O R.E. McElroy, Inc., the location and course of the variable width right-of-way to be released as shown on Plat 338-A-16C in the Office of the Department of Public Works; and providing for a special effective date.
Sponsors: City Council President (Administration)
Indexes: Release, Right-of-Way
Attachments: 1. 324- 1st Reader.pdf, 2. 06-0324 - 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-Way - A Variable Width Right-of-Way Granted to the Mayor and City Council of Baltimore through the Property of Ausa Holding Company C/O R.E. McElroy, 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 a variable width right-of-way for a Perpetual Easement for Municipal Utilities and Services granted to the City of Baltimore through the property of Ausa Holding Company C/O R.E. McElroy, Inc., the location and course of the variable width right-of-way to be released as shown on Plat 338-A-16C in the Office of the Department of Public Works; and providing for a special effective date.

Body

BY authority of

Article 1 - General Provisions

Section 4

and

Article II - General Powers

Section 31

Baltimore City Charter

(1996 Edition)

 

                     Recitals

 

WHEREAS, By a Land Disposition Agreement dated March 20, 1991, and recorded among the Land Records of Baltimore City in Liber S.E.B. No. 2844, Folio 1, the Mayor and City Council of Baltimore acting by and through the Department of Housing and Community Development sold Lot No. 42 of the Mid-Town Belvedere Urban Renewal Area to the Ausa Holding Company.  The Mayor and City Council of Baltimore retained a right-of-way for a Utility Easement for the entire width of the 10-foot and 20-foot alleys closed and designated as Lot No. 1 and Lot No. 2 as shown on Plat 338-A-16C and dated November 3, 1987; and

 

WHEREAS, The right-of-way hereinafter described is 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 to 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 is authorized on behalf of the Mayor and City Council of Baltimore to execute and deliver to the owner or owners of the land within the right-of-way hereinafter described, a release and surrender of all of the interest of the City of Baltimore in the right-of-way described as follows:

 

Beginning for a 20-foot wide Right-of-Way to be extinguished at a point on the west side of Lovegrove Street, 20 feet wide, said point of beginning being distant southerly 120 feet measured along the west side of said Lovegrove Street from the south side of Preston Street, 66 feet wide, and running thence binding on the west side of said Lovegrove Street, Southerly 20.0 feet, more or less, to intersect the south side of said 20-foot wide Right-of-Way; thence binding in part on the south side of said 20-foot wide Right-of-Way, in part on the south side of a 10-foot wide Right-of-Way to be extinguished, laid out 45 feet east of said Lovegrove Street, and in all, Westerly 55.0 feet, more or less, to intersect the west side of said 10- foot wide Right-of-Way; thence binding on the west side of said 10-foot wide Right-of-Way, Northerly 140.0 feet, more or less, to intersect the south side of said Preston Street; thence binding on the south side of said Preston Street, Easterly 10.0 feet, more or less, to intersect the east side of said 10-foot wide Right-of-Way; thence binding on the east side of said 10-foot wide Right-of-Way, Southerly 120.0 feet, more or less, to intersect the north side of said 20-foot wide Right-of-Way, and thence binding on the north side of said 20-foot wide Right-of- Way, Easterly 45.0 feet, more or less, to the place of beginning.

 

Containing 2,300 square feet of land, more or less.

 

The use of the right-of-way 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.

 

dlr06-0661~intro/18Jan06

right-of-way-release/Ausa/nbr

 

 

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