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Authorizing and directing the revision of lines and grades on a portion of City Plan No. 299 by placing on the City Plan Valley Green Court and a 40' wide right-of-way for drainage purposes and water main purposes, under certain terms and conditions, including the dedication to the City, free and clear of all encumbrances, of the bed of Valley Green Court.
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THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Pursuant to Section 11-402 of The Philadelphia Code, the Board of Surveyors of the Department of Streets is authorized and directed to revise the lines and grades on a portion of City Plan No. 299 by:
(a) Placing Valley Green Court, on the southwesterly side of Henry Avenue, at a distance of approximately 573' southeast of Wigard Avenue, extending southwestwardly and northwestwardly to a dead-end turnaround.
(b) Placing a 40' wide right-of-way for drainage purposes and water main purposes extending from the southwesterly side of proposed Valley Green Court to the northeasterly side of Hagner Street.
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 Law Department, by the owner or owners 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, provided that, only after the party in interest has demonstrated best efforts to obtain such agreement and such efforts are unsuccessful, in lieu thereof, the party in interest shall file an agreement and bond with corporate surety, satisfactory to the Law Department, to indemnify the City as aforesaid.
(b) The filing of an agreement, satisfactory to the Law Department, by the party in
interest, to release, indemnify and defend the City from all damages or claims for
damages, which may arise by reason of the City Plan changes authorized herein.
(c) The filing of an agreement by the owner or owners of property affected thereby, granting to the City the aforesaid right-of-way for drainage purposes and water main purposes in Section 1(b) of this Ordinance. The agreement shall provide that no changes in grades shall be made and that no fences, buildings or other structures, either overhead, underground or upon the surface shall be constructed within the lines of the right-of-way or abutting thereon, unless the plans for such structures shall first be submitted to and approved by the Philadelphia Water Department. The agreement shall also grant the right-of-access and occupation at any and all times to the officers, agents, employees and contractors of the City and the Philadelphia Water Department, for the purpose of construction, reconstruction, maintenance, alterations, repairs and inspection of present and future facilities and structures.
(d) The dedication to the City, without cost and free and clear of all encumbrances,
of the bed of Valley Green Court, as proposed to be placed on the City Plan
by the authority of this Ordinance.
(e) 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. The provision of The Philadelphia Code, Section 14-2104 (4) relating to the length of cul-de-sacs shall not apply to Valley Green Court.
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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