Title
Authorizing the revision of lines and grades on City Plan No. 44 by striking from the City Plan and vacating Race Street from Thirty-third Street to Thirty-fourth Street and reserving and placing on the City Plan a right-of-way for drainage purposes, water main purposes and public utility purposes, all under certain terms and conditions.
Body
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 authorized to revise the lines and grades on a portion of City Plan No. 44 by:
(a) Striking from the City Plan and vacating Race Street from Thirty-third Street to Thirty-fourth Street.
(b) Reserving and placing on the City Plan a right of way for drainage purposes, water main purposes, gas main purposes, and public utility purposes within the lines of Race Street being stricken by authority of Section 1 (a) herein.
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 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; in lieu thereof, provided that 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 bond with corporate surety, satisfactory to the City Solicitor or an irrevocable letter of credit satisfactory to the City Solicitor, to indemnify 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, which may arise by reason of the City Plan changes authorized herein.
(c) The ...
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