CITY OF SALISBURY

ORDINANCE NO. 1919

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SALISBURY FOR THE CLOSING OF AN AREA OF LAND WHICH IS A PORTION OF FIRST STREET, IN SALISBURY ELECTION DISTRICT, CITY OF SALISBURY, WICOMICO COUNTY, STATE OF MARYLAND, AND FOR THE CONVEYANCE TO PEMBERTON HOUSING, LP AND BUBBLE JUNCTION CAR WASH, LLC, OF ALL THE RIGHT, TITLE AND INTEREST OF THE CITY OF SALISBURY IN AND TO THE BED OF SAID CLOSED STREET.

            WHEREAS, First Street is currently an unimproved paper street, a portion of which runs in an Easterly direction from Fairground Drive;

            WHEREAS, the City of Salisbury Department of Public Works has determined that it is in the best interest of the City to close said paper street and deed it to the adjoining property owners, subject to a reservation of an easement for all underground utilities and a continuation of stormwater drainage patterns; and

            WHEREAS, Pemberton Housing, LP and Bubble Junction Car Wash, LLC, are the adjoining land owners and are in agreement with the closure of said street; and

            WHEREAS, the City of Salisbury has decided to abandon the property as it has no value; and

            WHEREAS, the Salisbury Charter SC11-2 gives the City charge of all public ways in the City of Salisbury, and SC16-8 allows the City to abandon or otherwise dispose of property that is not saleable.

            NOW THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY OF SALISBURY, MARYLAND, as follows:

                        1. That the areas designated as a portion of First Street, all as more particularly shown on a plat, which is attached hereto, is hereby closed and vacated as a public street, alley or way.

                        2. That existing surface stormwater drainage patterns shall remain or be continued as the City determines, unless a plan provided by the Grantee for alteration of stormwater drainage is approved by the Department of Public Works and constructed and implemented at the expense of the property owner.

                        3. For the purposes and reasons hereinabove set forth, the City of Salisbury be, and hereby is, authorized to convey to Pemberton Housing, LP and Bubble Junction Car Wash, LLC, all of its right, title and interest in the designated area of First Street, subject to the reservation of rights set forth above.

                        4. The City Solicitor be, and hereby is, directed to prepare and submit for execution by the City of Salisbury, an appropriate deed for the purposes aforesaid.

                        5. This Ordinance shall take effect from the date of its final passage.

            THIS ORDINANCE was introduced and read at a meeting of the Council of the City of Salisbury held on the day of November, 2004, and thereafter, a statement of the substance of the ordinance having been published as required by law, in the meantime, was finally passed by the Council on the day of 2004.

_________________________________                          _____________________________

Brenda J. Colegrove                                                             Michael P. Dunn,

City Clerk                                                                            President of the City Council

                                                                                            of the City of Salisbury

Approved by me this ______

day of __________, 2004.

Barrie P. Tilghman

Mayor of the City of Salisbury