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File #: 220950    Version: 0 Name:
Type: Bill Status: ENACTED
File created: 12/1/2022 In control: Committee on Streets and Services
On agenda: Final action: 3/30/2023
Title: Authorizing the striking from City Plan Nos. 40-S, 47-S, 48-S, 53-S, and 56-S and abandonment of certain rights-of-way reserved for water and gas main purposes, located along the former Lanier Avenue from Penrose Avenue to former Schuylkill Avenue and located along the former Schuylkill Avenue from Lanier Avenue to Passyunk Avenue, under certain terms and conditions.
Sponsors: Councilmember Johnson
Indexes: CITY PLAN, STRIKE FROM & VACATE
Attachments: 1. Bill No. 22095000.pdf, 2. CertifiedCopy22095000
Title
Authorizing the striking from City Plan Nos. 40-S, 47-S, 48-S, 53-S, and 56-S and abandonment of certain rights-of-way reserved for water and gas main purposes, located along the former Lanier Avenue from Penrose Avenue to former Schuylkill Avenue and located along the former Schuylkill Avenue from Lanier Avenue to Passyunk Avenue, 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:

a) Strike from City Plan No. 53-S and abandon a certain right-of-way reserved for water and gas main purposes located along the former Lanier Avenue from Penrose Avenue to former Schuylkill Avenue; and

b) Strike from City Plan Nos. 40-S, 47-S, 48-S, 53-S, and 56-S and abandon a certain right-of-way reserved for water and gas main purposes located along the former Schuylkill Avenue from Lanier Avenue to Passyunk Avenue.

SECTION 2. This authorization is conditional upon compliance with the following requirements within ten (10) 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 C...

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