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Authorizing the revision of lines and grades on a portion of City Plan No. 149 by striking from the City Plan and vacating the legally open portion of Hartwell Lane from Seminole Street to its terminus southwestwardly therefrom and reserving and placing on the City Plan a right of way for water main purposes and public utility purposes within the lines of the portion of Hartwell Lane being stricken and authorizing acceptance of the grant to the City of the said right of way, under certain terms and conditions.
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THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Pursuant to Section 11-403 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 No. 149 by:
(a) Striking from the City Plan and vacating the legally open portion of Hartwell Lane from Seminole Street to its terminus approximately two-hundred seventy-seven feet southwestwardly therefrom, said terminus being at the northeasterly line of the former Philadelphia, Germantown, and Chestnut Hill Branch of the Connecting Railway Company (now the SEPTA Chestnut Hill West Regional Rail Line).
(b) Reserving and placing on the City Plan a right of way for water main purposes and public utility purposes within the lines of the portion of Hartwell Lane being stricken.
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 of interest has demonstrated best efforts to obtain such agreements and such efforts are unsuccessful, the party of 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 of 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 payment by the party of 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 Streets Commissioner, on behalf of the City of Philadelphia, is hereby authorized to accept the grant to the City of the aforesaid right of way for water main purposes and public utility purposes authorized in Section 1(b) herein.
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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