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Authorizing the revision of lines and grades on a portion of City Plan Nos. 230 and 289 by placing on the City Plan two irregularly shaped areas, one located along the northeasterly side of Ridge Avenue and extending from a point northwest of the Wissahickon Creek to a point approximately four hundred twenty four feet further northwestwardly therefrom and the other located along the southwesterly side of Ridge Avenue extending from a point northwest of the Wissahickon Creek northwestwardly to the southwesterly side of Main Street, thereby widening said Ridge Avenue, and authorizing the opening of the portions of the said widened Ridge Avenue extending through property owned by the City, under certain terms and conditions, including the dedication to the City of the additions to the beds of Ridge Avenue and Main Street being placed on the City Plan.
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THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Pursuant to Section 11-404 of The Philadelphia Code, the Board of Surveyors of the Department of Streets is hereby authorized to revise the lines and grades on a portion of City Plan Nos. 230 and 289 by:
a) Placing on the City Plan an irregularly shaped area located along the northeasterly side of Ridge Avenue and extending from a point northwest of the Wissahickon Creek and approximately sixty feet southeast of the northwesterly boundary line of Fairmount Park to a point approximately four hundred twenty four feet northwestwardly therefrom, thereby widening said Ridge Avenue along its northeasterly side.
b) Placing on the City Plan an irregularly shaped area located along the southwesterly side of Ridge Avenue and extending from a point on the said southwesterly side of Ridge Avenue northwest of the Wissahickon Creek and approximately fifty four feet southeast of the northwesterly boundary line of Fairmount Park to a point approximately four hundred twenty six feet northwestwardly therefrom, said point being the point of intersection of the said southwesterly side of Ridge Avenue with the southwesterly side of Main Street, thereby widening said Ridge Avenue along its southwesterly side.
SECTION 2. This authorization is conditional upon compliance with the following requirements within two (2) years from the date this Ordinance becomes law:
a) The filing of an agreement, satisfactory to the City Solicitor, by the owner(s) of property affected thereby, to release the City from all damages or claims for damages which may arise by reason of the City Plan changes authorized herein; in lieu thereof, only after the party in interest has demonstrated best efforts to obtain such agreements and such efforts are unsuccessful, the party in interest shall file an agreement and a bond, with corporate surety, satisfactory to the City Solicitor or an irrevocable letter of credit satisfactory to the City Solicitor, to release the City as aforesaid.
b) The filing of an agreement, satisfactory to the City Solicitor, by the party in interest, to release, indemnify, and defend the City from all damages or claims for damages that may arise by reason of the City Plan changes authorized herein.
c) The dedication to the City by the owner or owners of property affected thereby, without cost and free and clear of all encumbrances, of the said additions to the beds of Ridge Avenue and Main Street as proposed to be placed on the City Plan by authority of this Ordinance; in lieu thereof, the party in interest shall furnish evidence, satisfactory to the City Solicitor, that deeds of dedication for the said additions to Ridge Avenue and Main Street have been filed with and accepted by the Commonwealth of Pennsylvania.
d) The payment by the party in interest of the cost of advertising the public hearing by the Board of Surveyors on the City Plan changes authorized by this Ordinance.
SECTION 3. Effective upon confirmation of the City Plan changes authorized herein, the Board of Surveyors is hereby authorized to adopt a resolution declaring the portions of the said additions to the bed of Ridge Avenue extending through property owned by the City of Philadelphia to be legally open.
SECTION 4. This Ordinance shall not become effective unless the sum of two hundred dollars ($200.00), toward costs thereof, is paid into the City Treasury within one hundred and twenty (120) days after this Ordinance becomes law.
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