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File #: 020202    Version: 0 Name:
Type: Bill Status: ENACTED
File created: 4/4/2002 In control: Committee on Public Property and Public Works
On agenda: Final action: 5/30/2002
Title: Authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to acquire by condemnation or by purchase in lieu of condemnation a certain underground easement through 3111 West Allegheny avenue, for sewer and drainage purposes, under certain terms and conditions.
Sponsors: Councilmember Nutter
Indexes: CONDEMNATION
Attachments: 1. CertifiedCopy02020200.pdf

Title

Authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to acquire by condemnation or by purchase in lieu of condemnation a certain underground easement through 3111 West Allegheny avenue, for sewer and drainage purposes, under certain terms and conditions.

Body

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

 

                     SECTION 1.                     The Commissioner of Public Property, on behalf of the City of Philadelphia, is hereby authorized to acquire by condemnation or by purchase in lieu of condemnation a certain underground easement through 3111 West Allegheny avenue, for sewer and drainage purposes.  The said easement is more fully described in Exhibit "A" attached hereto.

 

                     SECTION 2.                     The City Solicitor is authorized, if requested by the Commissioner of Public Property, to prepare and file with the appropriate court a Declaration of Taking to acquire by condemnation the property described by this Ordinance and in that regard to take any action necessary or desirable to effectuate this Ordinance.  The Commissioner of Public Property is authorized to enter into an agreement upon terms and in form satisfactory to the City Solicitor for the purchase in lieu of condemnation of the property.

 

                     SECTION 3.                     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 or appropriate to protect the interests of the City.

 

 

EXHIBIT "A"

 

DESCRIPTION OF EASEMENT

 

                     That certain fifty foot (50') wide underground easement, situate in the thirty-eighth (38th) Ward of the City of Philadelphia, and described herein, according to a Plan of Proposed Right of Way, dated February 26, 1996, Plan No.  L-339, prepared by the Philadelphia Water Department Survey Unit, 3585 Fox Street, Philadelphia, PA, 19129, as follows:

 

PARCEL "A"

 

                     BEGINNING AT A POINT of intersection of the northerly line of Willard Street (40 feet wide) and the easterly line of 32nd Street (50 feet wide); thence along the northerly line of Willard Street N 78º 39' 00" W a distance of 50.000 feet to a point on the westerly line of 32nd Street produced; thence along the westerly line of 32nd Street produced N 11º 21' 00" E a distance of 157.469 to a point; thence S 84º 52' 06" E a distance of 50.296 feet to a point on the easterly line of 32nd Street produced; thence along the easterly side of 32nd Street produced S 11º 21' 00" W a distance of 162.917 feet to a point of beginning.

 

PARCEL "B"

 

                     BEGINNING AT A POINT of intersection formed by the southerly right-of-way line of the Richmond Branch of the Philadelphia and Reading Railroad (Consolidated Rail Corporation) and the easterly line of 32nd Street produced; thence along the easterly line of 32nd Street produced S 11º 21' 00" W a distance of 98.106 feet to a point; thence N 84º 52' 06" W a distance of 50.296 feet to a point on the westerly line of 32nd Street produced; thence along the westerly line of 32nd Street produced N 11º 21' 00" E a distance of 92.152 feet to a point on the southerly the right-of-way line of the Richmond Branch of the Philadelphia and Reading Railroad (Consolidated Rail Corporation); thence along the southerly right-of-way line of the Richmond Branch of the Philadelphia and Reading Railroad (Consolidated Rail Corporation) N 88º 39' 17" E a distance of 51.283 feet to the point of beginning.

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