Title
Authorizing the Commissioner of Public Property to accept from CSX Transportation, Inc. an easement for an at-grade crossing on Race Street between 23rd Street and the Schuylkill River, an easement for an at-grade crossing on Locust Street between 25th Street and the Schuylkill River and for an aerial easement in the vicinity of Spruce and 26th Streets, all under certain terms and conditions.
Body
WHEREAS, The Pennsylvania Public Utility Commission ("PUC") approved an at-grade crossing on Race Street over CSX Transportation, Inc. ("CSX") tracks near the Schuylkill River Waterfront Trail, an at-grade crossing on Locust Street over CSX tracks near the Schuylkill River Waterfront Trail, and an aerial easement over CSX tracks in the vicinity of Spruce and 26th Streets near the Schuylkill River Waterfront Trail (collectively, "Trail Access Routes"); and
WHEREAS, The City and CSX have been involved in federal litigation in the case of CSX Transportation, Inc. v. City of Philadelphia, No. 04-CV-05023 (E.D. Pa.), that has resulted in the Court issuing a stipulated order which permitted at-grade crossings at Race and Locust Streets and an aerial crossing at Spruce Street; and
WHEREAS, The City has maintained in CSX Transportation, Inc. v. City of Philadelphia that its existing interest in the bed of Race and Locust Streets, together with the federal court order in CSX Transportation, Inc. v. City of Philadelphia and the PUC approvals, are sufficient, without additional easements or other land use rights, to construct and maintain the Trail Access Routes; and
WHEREAS, CSX has maintained in CSX Transportation, Inc. v. City of Philadelphia that the City cannot build crossings over CSX tracks for public access to the Schuylkill River Waterfront Trail without an express grant of land use rights from CSX for such crossings; and
WHEREAS, Neither the City or CSX has agreed to change its legal position; and
WHEREAS, The City nevertheless wishes to ac...
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