WHEREAS, Byberry and Bensalem road, from Southampton-Byberry to the Philadelphia and Bucks County Line, was legally opened by Jury before 1900, but never placed on the City Plan, and presently extends through ground owned by the Commonwealth of Pennsylvania and the City of Philadelphia; and
WHEREAS, Burling avenue, from the Roosevelt boulevard to a dead end approximately three thousand nine hundred (3,900) feet southeast of the Roosevelt boulevard was legally opened by Jury before 1900, but never placed on the City Plan and presently extends through the ground owned by the Commonwealth of Pennsylvania and the City of Philadelphia; and
WHEREAS, The Commonwealth of Pennsylvania plans to construct and develop Benjamin Rush State Park in this area; and
WHEREAS, The City of Philadelphia is not desirous of constructing a street in this location; and
WHEREAS, The City of Philadelphia wishes to cooperate with the Commonwealth on this project; now, therefore
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1.
The Board of Surveyors of the Department of Streets is authorized to adopt a resolution to vacate Byberry and Bensalem road, from Southampton-Byberry road to the Philadelphia and Bucks County Line and to vacate Burling avenue, from the Roosevelt boulevard to a dead end approximately three thousand nine hundred (3,900) feet southeast of the Roosevelt boulevard. This authorization is conditional upon compliance with the following requirement within one (1) year from the date this Ordinance becomes law:
The filing of an agreement, satisfactory to the Law Department, between the City and the Commonwealth of Pennsylvania through the appropriate Commonwealth Department or agency whereby the Commonwealth of Pennsylvania, through the appropriate Commonwealth Department or agency, assumes all of the City of Philadelphia's ownership, operation and maintenance responsibilities for the stone arch bridge over Poquessing Creek that was constructed in 1810 and identified as bridge number 39/1000, and which carries Townsend road (also known as Richlieu road in Bucks County) over Poquessing Creek.
End