2354

LAWS OF MARYLAND

Ch. 587

Article - Natural Resources

5-1202.1.

FOR PURPOSES OF THIS SUBTITLE, THE HART-MILLER-PLEASURE
ISLAND CHAIN IN BALTIMORE COUNTY IS AN OPEN AREA.

5-1202.2.

(A)  IN THIS SECTION, THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(1)  "GRANTEE IN INTEREST" MEANS THE
HART MILLER PLEASURE ISLAND HART AND MILLER ISLAND AREA
ENVIRONMENTAL GROUP, INC. (A MARYLAND CORPORATION) AND ITS
SUCCESSORS, IF ANY, IN INTEREST TO THE HART MILLER PLEASURE
ISLAND CHAIN IN BALTIMORE COUNTY MARYLAND ENVIRONMENTAL
TRUST.

(2)  "SPOIL", "BALTIMORE COUNTY TRIBUTARY SPOIL",
"REDEPOSIT", AND "BALTIMORE HARBOR" HAVE THE MEANINGS
INDICATED IN § 8-1601(A) OF THIS ARTICLE.

(B)  WITHIN 30 DAYS OF THE FINAL JUDICIAL ADJUDICATION

OF ALL LITIGATION WHICH RESULTS IN REMOVING LEGAL

IMPEDIMENTS TO THE CONSTRUCTION OF A CONTAINED AREA FOR THE
REDEPOSIT OF SPOIL AT THE HART MILLER PLEASURE ISLAND CHAIN

IN BALTIMORE COUNTY, THE STATE (TO THE USE OF THE

DEPARTMENT) 15 DAYS OF THE EFFECTIVE DATE OF THIS ACT, THE
STATE SHALL CONVEY OWNERSHIP OF THE HART-MILLER PLEASURE
ISLAND CHAIN TO THE GRANTEE IN INTEREST, SUBJECT TO THE
FOLLOWING COVENANTS; 15 DAYS AFTER THE EFFECTIVE DATE OF
THIS ACT THE STATE SHALL GRANT AN EASEMENT TO THE
HART-MILLER-PLEASURE ISLAND CHAIN TO THE GRANTEE IN
INTEREST. THE EASEMENT SHALL BE FOR PURPOSES CONSISTENT
WITH THE COVENANTS REQUIRED BY THIS SUBSECTION AND
ENFORCEMENT OF THESE PURPOSES.

(1)  THE GRANTEE IN INTEREST SHALL COVENANT TO
ALLOW THE REDEPOSIT OF SPOIL FROM THE DREDGING OF BALTIMORE
HARBOR AND THE REDEPOSIT OF BALTIMORE COUNTY TRIBUTARY SPOIL
TO TAKE PLACE AT THE HART-MILLER-PLEASURE ISLAND CHAIN,
SUBJECT TO THE LIMITATIONS PROVIDED IN §§ 8-1601 THROUGH
8-1602.2 OF THIS ARTICLE;

(2)  WHERE NOT INCONSISTENT WITH THE COVENANT
DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION, THE GRANTEE
IN INTEREST SHALL COVENANT TO PRESERVE AND MAINTAIN THE
HART-MILLER-PLEASURE ISLAND CHAIN AS AN OPEN AREA BY
PROHIBITING DEVELOPMENT EXCEPT THAT WHICH IS NECESSARY FOR
PROPER RECREATIONAL USE AND THE CONSTRUCTION OF ANY DIKES
NECESSARY FOR THE DUMPING OF SPOIL;

(3)  THE GRANTEE IN INTEREST SHALL COVENANT THAT
IF THE HART-MILLER-PLEASURE ISLAND CHAIN IS EVER USED FOR
PURPOSES INCONSISTENT WITH THE PRESERVATION AND MAINTENANCE
OF THE ISLAND CHAIN AS AN OPEN AREA, OR WITH ANY OF THE