Title
Authorizing the striking from City Plan Nos. 40-S, 47-S, and 48-S and abandonment of a certain right-of-way reserved for drainage purposes, located along the former Hartranft Street, west of 26th Street, and extending westwardly therefrom to the Schuylkill River, 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 hereby authorized to strike from City Plan Nos. 40-S, 47-S, and 48-S and abandon a certain right-of-way reserved for drainage purposes located along the former Hartranft Street, west of 26th Street, and extending westwardly therefrom to the Schuylkill River.
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 in interest has demonstrated best efforts to obtain such agreements and such efforts are unsuccessful, the party in 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 in 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 filing of an agreement, in recordable form, satisfactory to the City Solicitor, by the party in interest, through which the Water Department abandons, in whole or in part, the right-of-way reserved for drainage purposes located alo...
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