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ordinance 06-2023 - the preserve

Ordinance August 17, 2023 · 2 page(s)

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TOWN COUNCIL OF CENTREVILLE
ORDINANCE NO. 06-2023
AN ORDINANCE OF THE TOWN COUNCIL OF CENTREVILLE RELEASING AND
EXTINGUISHING ITS RIGHT TO CONSTRUCT A PEDESTRIAN/BIKE PATH IN THE OPEN
SPACE OF THE PRESERVE OF CENTREVILLE HEIGHTS
WHEREAS, the final subdivision plat for The Preserve of Centreville Heights, entitled “FINAL
RESUBDIVISION PLAT OF THE PRESERVE (FORMERLY BLOCK “K” LOTS 1 THRU 22 AND
BLOCK “M” LOTS 1 THRU 6) OF CENTREVILLE HEIGHTS IN THE TOWN OF CENTREVILLE
THIRD ELECTION DISTRICT, QUEEN ANNE’S COUNTY, MARYLAND”, dated February 2001,
prepared by McCrone and recorded among the Plat Records of Queen Anne’s County at Plat Book 30, page
77A-D (the “Plat”), contains three separate notes, all of which state that “The Town of Centreville has been
granted permission to construct a pedestrian/bike path in the open space with the location subject to the
approval of the homeowners association”;
WHEREAS, the homeowners association for The Preserve of Centreville Heights wishes to transfer
its open space, including the stormwater management facility located thereon, to a local environmental
group, but the note on the Plat is interfering with the potential transfer;
WHEREAS, the Town Council of Centreville has determined that the open space area for The
Preserve of Centreville Heights is not a good location for a pedestrian/bike path, and that the public interest
is better served by allowing the homeowners association to convey the open space to a local environmental
group;
WHEREAS, Section 5-204(c)(3) of the Local Government Article of the Annotated Code of
Maryland and Section 301(b)(46) of the Charter of the Town of Centreville permits the Town to convey
real property that is no longer needed for a public use after 20 days’ notice;
WHEREAS, the Town Council of Centreville wishes to release and extinguish its right to construct
a pedestrian/bike path in the open space of The Preserve of Centreville Heights.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of Centreville:
Section 1. The recitals set forth above are incorporated herein by reference and made a part of
this Ordinance;
Section 2. The ability to construct a pedestrian/bike path in the open space of The Preserve of
Centreville Heights is no longer needed for a public use, and the public interest is better served by the Town
releasing and extinguishing its right to construct a pedestrian/bike path.
Section 3. The Town Council President is hereby authorized to execute a Release and
Extinguishment and such other documents as are necessary to accomplish the release and extinguishment
of the right to construct a pedestrian/bike path over the open space parcel of The Preserve of Centreville
Heights.
Section 4. In accordance with Section 5-204(c)(3) of the Local Government Article of the
Annotated Code of Maryland and Section 301(b)(46) of the Charter of the Town of Centreville, the Town
Clerk is directed to publicly advertise the release and extinguishment at least twenty (20) days prior to the
execution of the documents.
Section 5. This Ordinance shall become effective twenty days after its enactment.
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ATTEST: THE TOWN COUNCIL OF CENTREVILLE
Carolyn M. Brinkley Steven K. Kline, President
Town Clerk
First Reading: Ashley H. Kaiser, Esq., Vice President
Second Reading:
Enacted:
Effective:
(21st calendar day after enactment) Eric B. Johnson, Jr., Member
Daniel B. Worth, Member
Jim A. Beauchamp, Member
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