1288 ARTICLE 4.

the land lying in the bed of Eutaw Place extended, between North Ave-
nue on the southeast and Druid Hill Park on the northwest, in considera-
tion of an agreement on the part of said grantee, to be incorporated therein
that no street car or other railroad tracks shall at any time thereafter be
located or placed on any part thereof.

1894, ch. 123.

837. That upon the execution of said deed and acceptance thereof by
the Mayor and City Council of Baltimore embodying said contract pro-
hibiting the locating or placing car tracks upon any part of the land so
to be granted, the said contract shall be and is hereby declared to be for-
ever thereafter inviolable; provided, however, that nothing herein con-
tained shall prevent the Mayor and City Council of Baltimore from auth-
orizing by ordinance the location or construction of car tracks on such
part pf the bed of said street as are contained within the limits of inter-
section or cross streets that are now or may hereafter be provided for by
ordinance of said Mayor and City Council of Baltimore.

1910, ch. 621.

837A. That the Mayor and City Council of Baltimore be and it is
hereby authorized and empowered to authorize and direct the Commis-
sioners for Opening Streets, under such system of procedure, including
reasonable notice to the propertyholders and the right of appeal by either
the propertyholders or the Mayor and City Council of Baltimore, to the
Baltimore City Court and the Court of Appeals of Maryland, as it may
prescribe, to ascertain and award to the owners of property in the City
of Baltimore injuriously affected by the changes in grade provided for
by Section 3 1/2 of Ordinance No. 387 of the Mayor and City Council of
Baltimore, approved August 16, 1909, commonly known as the "Grade
Crossing Ordinance," such damages, if any, as they may find to have been
actually sustained by and directly caused to said property by reason of
such changes in grade, and at the same time to assess against the same
such benefits as they may find to have accrued to said owner by reason
thereof; provided, however, that nothing in this Act contained shall be
construed as imposing any duty or obligation upon the Mayor and City
Council of Baltimore, except in the event that said propertyholders are
judicially declared to be disentitled to recover such compensation or dam-
ages from the Baltimore and Ohio Railroad Company; and provided fur-
ther, that in the event of the exercise at any time by the Mayor and City
Council of Baltimore of the authority hereby conferred, then nothing in
this Act contained shall be construed as depriving the Mayor and City
Council of Baltimore of any right it may lawfully have to demand, enforce
and receive reimbursement from the Baltimore and Ohio Railroad Com-
pany to the full extent of any compensation it may make or damages it
may pay in the premises.