* 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 of Air Rights Over a Portion of Linden Avenue (Ward 11, Section 9, Block 501)
FOR the purpose of condemning and closing air rights over a portion of Linden Avenue, extending 56.62 feet south of the intersection formed by the west side of Linden Avenue and the southeast side of Martin Luther King, Jr. Boulevard, as shown on Plat 310-A-22 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 air rights over a portion of Linden Avenue, extending 56.62 feet south of the intersection formed by the west side of Linden Avenue and the southeast side of Martin Luther King, Jr. Boulevard, and more particularly described as follows:
Beginning for the same point on the west side of Linden Avenue (66' wide) located S 02?38'40"E at a distance of 56.62 feet from a point formed by the intersection of the west side of said Linden Avenue and the southeast side of Martin Luther King Jr. Boulevard (varying in width) and designated as N 1256.344, W 1512.638 and shown on a plat entitled, "Sub-Division Plan of Maryland General Hospital, Medical Office Building" drawing number S-1, dated July 2, 1987, as recorded among the Land Records of Baltimore City, Maryland in plat pocket S.E.B. 3177, said point of beginning also being in a horizontal plane having an elevation of 144.00 feet, referring said elevation to Mean Low Tide as established by the City of Baltimore; thence departing said point of beginning so fixed, ascending to an elevation of unlimited height, and the west side of said Linden Avenue, with meridian referenced to the Baltimore City Survey Control System the following courses and distances:
1. N 87?21'20"E for a distance of 17.00 feet to a point; thence
2. S 02?38'40" E for a distance of 112.00 feet to a point; thence
3. S 87?21'20" W for a distance of 17.00 feet, to intersect with the west side of said Linden Avenue; thence binding on and running with said Linden Avenue;
4. N 02?38'40" W for a distance of 112.00 feet, to the point of beginning.
Containing 1904 square feet or 0.0437 acres.
Being all of the same described in a document entitled, "Description of Proposed Air Rights Parcel Above Linden Avenue," prepared by Accurate Infrastructure Data, Inc., dated June 13, 2013.
As delineated on Plat 310-A-22, prepared by the Survey Control Section and filed on October 22, 2013 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 air rights over a portion of Linden Avenue 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 air rights over a portion of Linden Avenue 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.
dlr13-0709~intro/30Oct13
airrightsclose/LindenAvenue/nbr
dlr13-0709~intro/30Oct13
??3??
airrightsclose/LindenAvenue/nbr