Baltimore City Council
File #: 08-0190    Version: 0 Name: City Streets - Closing - Brexton Street
Type: Ordinance Status: Enacted
File created: 9/8/2008 In control: City Council
On agenda: Final action: 1/28/2009
Enactment #: 09-108
Title: City Streets - Closing - Brexton Street FOR the purpose of condemning and closing Brexton Street, extending from Park Avenue, Northwesterly 71.1 feet, more or less, to Tyson Street, as shown on Plat 114-A-40A in the Office of the Department of Public Works; and providing for a special effective date.
Sponsors: City Council President (Administration)
Indexes: City Streets - Closing, Closing, Streets
Attachments: 1. 08-0190 - 1st Reader.pdf, 2. DPW - 08-0190.pdf, 3. BDC - 08-0190.pdf, 4. Planning - 08-0190.pdf, 5. HCD- 08-0190.pdf, 6. Transportation - 08-0190.pdf, 7. 08-0190 - 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
City Streets - Closing - Brexton Street
 
FOR the purpose of condemning and closing Brexton Street, extending from Park Avenue, Northwesterly 71.1 feet, more or less, to Tyson Street, as shown on Plat 114-A-40A 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 Brexton Street, extending from Park Avenue, Northwesterly 71.1 feet, more or less, to Tyson Street, and more particularly described as follows:
 
Beginning for Parcel No. 1 at the point formed by the intersection of the west side of Park Avenue, 66 feet wide, and the southwest side of Brexton Street, 20 feet wide, and running thence binding on the southwest side of said Brexton Street, Northwesterly 80.0 feet, more or less, to intersect the southeast side of Tyson Street, 40 feet wide; thence binding on the southeast side of said Tyson Street, Northeasterly 20.0 feet to intersect the northeast side of said Brexton Street; thence binding on the northeast side of said Brexton Street, Southeasterly 62.3 feet, more or less, to intersect the west side of said Park Avenue, and thence binding on the west side of said Park Avenue, Southerly 26.5 feet, more or less, to the place of beginning.
 
  As delineated on Plat 114-A-40A, prepared by the Survey Control Section and filed on July 28, 2008, 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 Brexton 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 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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streetclose/BrextonSt/nbr