Authorizing the revision of lines and grades on a portion of City Plan No. 319 in the area of Ripley street and Tabor avenue by placing on the City Plan Tabor avenue from Ripley street to Loney street, Tabor avenue from Loney street southwesterly to a dead end; Loney street from Lawndale avenue to Fox Run lane, Lawndale avenue from Fox Run lane to Loney street and Fox Run lane from Lawndale avenue to Loney street, all under certain terms and conditions including the dedication to the City, free and clear of all encumbrances, of the beds of Tabor avenue, Loney street, Lawndale avenue and Fox Run lane.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Pursuant to Section 11-402 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. 319 in the area of Ripley street and Tabor avenue by:

(a) Placing on the City Plan Tabor avenue from Ripley street, at a point approximately five hundred sixty-two (562) feet southeast of Bingham street, extending the distance of approximately eighty-five (85) feet southwestwardly to Loney street;

(b) Placing on the City Plan Tabor avenue from Ripley street, at a point approximately five hundred sixty-two (562) feet southeast of Bingham street, extending the distance of approximately one hundred forty-six (146) feet southwesterly to a dead end turnaround;

(c) Placing on the City Plan Loney street from Tabor avenue, northwestwardly approximately three hundred fifteen (315) feet to Lawndale avenue and southeastwardly the distance of approximately three hundred sixty-five (365) feet to Fox Run lane;

(d) Placing on the City Plan Lawndale avenue from Loney street, southwestwardly southwardly and southwestwardly the distance of approximately six hundred eighty (680) feet to Fox Run lane; and

(e) Placing on the City Plan Fox Run lane extending southwestwardly, from Loney street, the distance of approximately eight hundred (800) feet to Lawndale avenue.

SECTION 2. This authorization is conditional upon compliance with the following requirements within one (1) year from the date this Ordinance becomes law:

(a) The filing of an agreement, satisfactory to the Law Department, 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, only after the party in interest has demonstrated best efforts to obtain such agreements and such efforts are unsuccessful, the party in interest may file an agreement and bond with corporate surety, satisfactory to the Law Department, to indemnify the City as aforesaid;

(b) The filing of an agreement, satisfactory to the Law Department, 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 payment by the party in interest of the Board of Surveyor's cost of advertising the public hearing on the City Plan changes authorized by this Ordinance; and

(d) The dedication to the City, without cost and free and clear of all encumbrances, of the beds of Tabor avenue, Loney street, Lawndale avenue and Fox Run lane, as proposed to be placed on the City Plan by the authority of this Ordinance.

SECTION 3. This Ordinance shall not become effective unless the sum of two hundred dollars ($200.00), toward costs thereof, is paid into the City Treasury within sixty (60) days after this Ordinance becomes law.

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