Baltimore City Council
File #: 07-0593    Version: 0 Name: City Streets - Closing - Certain Streets Lying Within the Freedom and Claremont Homes Project
Type: Ordinance Status: Enacted
File created: 2/26/2007 In control: City Council
On agenda: Final action: 6/19/2007
Enactment #: 07-478
Title: City Streets - Closing - Certain Streets Lying Within the Freedom and Claremont Homes Project FOR the purpose of condemning and closing certain streets lying within the area bounded by Sinclair Lane, Erdman Avenue, Federal Street, the Baltimore Gas and Electric Company Right-of-Way, and Shannon Drive, as shown on Plat 114-A-16 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
Attachments: 1. 07-0593 - 1st Reader.pdf, 2. 07-0593 - 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 - Certain Streets Lying Within the Freedom and Claremont Homes Project

 

FOR the purpose of condemning and closing certain streets lying within the area bounded by Sinclair Lane, Erdman Avenue, Federal Street, the Baltimore Gas and Electric Company Right-of-Way, and Shannon Drive, as shown on Plat 114-A-16 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 certain streets lying within the area bounded by Sinclair Lane, Erdman Avenue, Federal Street, the Baltimore Gas and Electric Company Right-of-Way, and Shannon Drive, and more particularly described as follows:

 

Beginning for Parcel No. 1 at a point on the west side of Freedomway North, 60 feet wide, distant Northerly 166.7 feet, more or less, measured along the west side of said Freedomway North from the north side of Federal Street, 80 feet wide, and running thence binding on the west side of said Freedomway North, Northerly 39.0 feet, more or less, to intersect the southwest side of Freedomway West, varying in width; thence binding on the southwest side of said Freedomway West, Northwesterly by a line curving to the left with a radius of 150.00 feet the distance of 125.0 feet, more or less, to intersect the southwest side of Freedomway West, 50 feet wide, there situate; thence binding on last said Freedomway West, the two following courses and distances; namely, by a tangent line, Northwesterly 443.7 feet, more or less, and Northeasterly by a line curving to the right with a radius of 90.00 feet the distance of 207.7 feet, more or less, to intersect the north side of Freedomway North, 50 feet wide; thence binding on the north and northeast sides of last said Freedomway North, the three following courses and distances; namely,

 

 

by a tangent line, Easterly 314.5 feet, more or less, Southeasterly by a line curving to the right with a radius of 175.00 feet the distance of 190.1 feet, more or less, and by a tangent line, Southeasterly 282.8 feet, more or less, to intersect the northwest side of said Freedomway North, mentioned firstly herein; and thence binding on the northwest side of said Freedomway North, mentioned firstly herein, Southwesterly 50.6 feet, more or less, to intersect the southwest side of Freedomway North, mentioned secondly herein; thence binding on the southwest and south sides of Freedomway North, mentioned secondly herein, the three following courses and distances; namely, Northwesterly 290.4 feet, more or less, Northwesterly by a line curving to the left with a radius of 125.00 feet the distance of 135.9 feet, more or less, and Westerly 314.5 feet, more or less, to intersect the northeast side of last said Freedomway West; thence binding on the northeast side of last said Freedomway West, Southwesterly by a line curving to the left with a radius of 40.00 feet the distance of 94.9 feet, more or less, and thence binding in part on the northeast side of last said Freedomway West, in part on the northeast side of said Freedomway West, mentioned firstly herein, and in all, by a tangent line, Southeasterly 561.2 feet, more or less, to intersect the northwest side of said Freedomway North, mentioned firstly herein, and thence binding on the northwest side of said Freedomway North, mentioned firstly herein, Southwesterly by a line curving to the left with a radius of 160.00 feet, the distance of 129.2 feet, more or less, to the place of beginning.

 

 

Beginning for Parcel No. 2 at the point formed by the intersection of the southeast side of Sinclair Lane, 60 feet wide, and the northeast side of Clareway, varying in width, and running thence binding on the northeast side of said Clareway by a tangent arc curving to the left with a radius of 30.00 feet the distance of 40.13 feet which arc is subtended by a chord bearing South 16º 25' 05" West 37.20 feet to intersect the northeast side of Clareway, 60 feet wide; thence binding on the northeast, east and southeast sides of last said Clareway, the nine following courses and distances; namely, by a tangent line, South 21º 54' 00" East 23.86 feet, by a tangent arc curving to the right with a radius of 250.00 feet the distance of 193.83 feet which arc is subtended by a chord bearing South 00º 18' 40" West 189.01 feet, by a tangent line, South 22º 31' 20" West 253.91 feet, by a tangent arc curving to the left with a radius of 545.00 feet the distance of 491.40 feet which arc is subtended by a chord bearing South 03º 18' 30" East 474.93 feet, by a tangent line, South 29º 08' 20"East 90.46 feet, by a tangent arc curving to the right with a radius of 870.00 feet the distance of 357.23 feet which arc is subtended by a chord bearing South 17º 22' 33.35" East 354.72 feet, by a tangent arc curving to the right with a radius of 245.00 feet the distance of 213.03 feet which arc is subtended by a chord bearing, South 19º 17' 48.5" West 206.39 feet, by a tangent line, South 47º 53' 34" West 31.50 feet and South 53º 05' 48" West 80.54 feet to the southwesternmost extremity of last said Clareway, there situate; thence binding on the southwesternmost extremity of last said Clareway, North 36º 54' 12" West 60.00 feet to intersect the northwest side of last said Clareway; thence binding on the northwest, west and southwest sides of last said Clareway, the eight following courses and distances; namely, North 53º 05' 48" East 74.05 feet, by a tangent arc curving to the left with a radius of 185.00 feet the distance of 189.57 feet which arc is subtended by a chord bearing, North 23º 44' 30.65" East 181.38 feet, by a tangent arc curving to the left with a radius of 810.00 feet the distance of 332.59 feet which arc is subtended by a chord bearing, North 17º 22' 33.35" West 330.26 feet, by a tangent line, North 29º 08' 20" West 90.46 feet, by a tangent arc curving to the right with a radius of 605.00 feet the distance of 545.50 feet which arc is subtended by a chord bearing, North 03º 18' 30" West 527.21 feet, by a tangent line, North 22º 31' 20" East 253.91 feet, by a tangent arc curving to the left with a radius of 190.00 feet the distance of 147.31 feet which arc is subtended by a chord bearing, North 00º 18' 40" East 143.65 feet and by a tangent line, North 21º 54' 00" West 39.12 feet to intersect the southeast side of said Sinclair Lane, and thence binding on  the southeast side of said Sinclair Lane, North 58º 34' 58" East 84.22 feet to the place of beginning.

 

Beginning for Parcel No. 3 at the point formed by the intersection of the southeast side of Clareway, 60 feet wide, and the northeast side of Southclare Road, varying in width, and running thence binding on the northeast side of said Southclare Road by a non-tangent arc curving to the left with a radius of 25.00 feet the distance of 37.96 feet which arc is subtended by a chord bearing South 20º 44' 25.5" East 34.42 feet to intersect the north side of Southclare Road, 50.0 feet wide; thence binding on the north and northwest sides of last said Southclare Road, the two following courses and distances; namely, by a tangent arc curving to the left with a radius of 138.00 feet the distance of 151.31 feet which arc is subtended by a chord bearing, North 84º 20' 57.5" East 143.84 feet and by a tangent line, North 52º 56' 19" East 508.73 feet to intersect the southwest side of Southclare Road, varying in width; thence binding on the southwest and northwest sides of last said Southclare Road, the three following courses and distances; namely, by a tangent arc curving to the left with a radius of 20.00 feet the distance of 26.97 feet which arc is subtended by a chord bearing North 14º 18' 49" East 24.97 feet, by a tangent line, North 24º 18' 41" West 28.78 feet and by a tangent arc curving to the right with a radius of 50.00 feet the distance of 157.08 feet which arc is subtended by a chord bearing North 65º 41' 19" East 100.00 feet to the northeasternmost extremity of last said Southclare Road, there situate; thence binding on the northeasternmost extremity of last said Southclare Road, South 24º 18' 41" East 73.39 feet to intersect the southeast side of last said Southclare Road; thence binding in part on the southeast side of last said Southclare Road, in part on the southeast side of said Southclare Road, mentioned secondly herein, and in all, the two following courses and distances; namely, by a non-tangent line, South 52º 56' 19" West 615.93 feet and by a tangent arc curving to the right with a radius of 188.00 feet the distance of 218.06 feet which arc is subtended by a chord bearing South 86º 10' 00" West 206.04 feet to intersect the southwest side of said Southclare Road, mentioned firstly herein; thence binding on the southwest side of said Southclare Road, mentioned firstly herein, by a tangent arc curving to the left with a radius of 25.00 feet the distance of 32.81 feet which arc is subtended by a chord bearing South 81º 48' 03.5" West 30.50 feet to intersect the southeast side of said Clareway, and thence binding on the southeast side of said Clareway, by a non-tangent arc curving to the left with a radius of 245.00 feet the distance of 91.71 feet which arc is subtended by a chord bearing North 33º 28' 57.5" East 91.18 feet to the place of beginning.

 

As delineated on Plat 114-A-16, prepared by the Survey Control Section and filed on January 10, 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 streets 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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