Title
Authorizing the Water Commissioner, on behalf of the City, to enter into an agreement with the owners of 4641 East Roosevelt Boulevard for the grant of a right-of-way to the City for drainage and sewer purposes through the property along the Tacony Creek from approximately 550 feet east of Whitaker Avenue to approximately 750 feet west of former "I" Street, under certain terms and conditions.
Body
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
Section 1. The Water Commissioner, on behalf of the City, is hereby authorized to enter into an agreement, substantially in the form set forth in Exhibit A, with the owners and their successors of 4641 East Roosevelt Boulevard for the grant of a right-of-way to the City for drainage and sewer purposes through the property along the Tacony Creek from approximately 550 feet east of Whitaker Avenue to approximately 750 feet west of former "I" Street, under certain terms and conditions.
Section 2. The City Solicitor shall include in said agreement such terms and conditions as he may deem necessary to protect the interest of the City.
Exhibit A
"RIGHT OF WAY AND EASEMENT AGREEMENT
THIS AGREEMENT, made this ___________ day of ______________ 200 , by and between, THOMAS SCATTERGOOD BEHAVIORAL HEALTH FOUNDATION, the record owner of a certain Property at 4641 EAST ROOSEVELT BOULEVARD in the 35th and 42nd Wards, Philadelphia, Pennsylvania, hereinafter called "Grantor", and THE CITY OF PHILADELPHIA, hereinafter called "City";
WITNESSETH:
WHEREAS, the Tacony Creek transverses the rear of the Thomas Scattergood Behavioral Health Foundation's property (also known as Friend's Hospital) at 4641 East Roosevelt Boulevard; and
WHEREAS, the City is the curator of the estuaries within the limits of the City; and
WHEREAS, the banks of the creek have eroded and caused the endangerment of the City's existing interceptor sewer which tran...
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