Title
Authorizing the Director of the Department of Aviation, on behalf of the City, to transfer or convey real estate interests to resolve litigation with Tinicum Township, Delaware County, Pennsylvania, under certain terms and conditions.
Body
WHEREAS, The City owns and operates the Philadelphia International Airport, which is located in Philadelphia County and Tinicum Township, Delaware County, Pennsylvania;
WHEREAS, The City owns certain parcels of real estate in Tinicum Township, on both sides of the current location of segments of a certain Township roadway commonly known as Tinicum Island Road;
WHEREAS, The City condemned approximately 136 acres of property located in Tinicum Township across and northwest of the 9.25 acres of land upon which Tinicum Island Road is situated;
WHEREAS, The City and Tinicum Township dispute the ownership and other interests and related rights in Tinicum Island Road;
WHEREAS, The integration of the condemned property into the Airport property is necessary for the Airport’s future development;
WHEREAS, As part of and to facilitate integration of the condemned property, the City desires to relocate a portion of the Tinicum Island Road and the utilities located underneath that road to northwest of the condemned property;
WHEREAS, The City entered into a Settlement Agreement on December 28, 2022, with Tinicum Township to amicably resolve the dispute over ownership of the Tinicum Island Road and plans for its relocation; and
WHEREAS, Pursuant to the Settlement, The City and Tinicum Township have agreed to transfer certain real estate interests and make certain associated improvements; now, therefore
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. The Director of the Department of Aviation is hereby authorized to purchase and acquire title to the Old Tinicum Island Road, transfer title of the Walking Trail Parcel to Tinicum Township, grant utility easements to utility providers, and acquire easements related to the Walking Trail Parcel to effectuate the Settlement Agreement.
SECTION 2. The City Solicitor is hereby authorized to review and to approve all instruments and documents necessary to effectuate this Ordinance, which instruments and documents shall contain such terms and conditions as the City Solicitor shall deem necessary and proper to protect the interests of the City of Philadelphia and carry out the terms of the Settlement Agreement and the purposes of this Ordinance.