Authorizing the Commissioner of Public Property, on behalf of The City of Philadelphia, to grant to the Southeastern Pennsylvania Transportation Authority an easement across a portion of a certain parcel of land in the vicinity of the intersection of 13th Street and Market Street.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1.

The Commissioner of Public Property, on behalf of The City of Philadelphia (“City”), is hereby authorized to enter into an agreement with the Southeastern Pennsylvania Transportation Authority (“SEPTA”) granting an easement to SEPTA across a portion of a certain parcel of land, owned by the City, in the vicinity of the intersection of 13th Street and Market Street, as follows:

ALL THAT CERTAIN cube of space below the bed of Market Street (100 feet wide) lying above a horizontal plane with an elevation of 1.94+/- feet above Philadelphia City Datum, said elevation being the bottom of the elevator shaft and lying below a horizontal plane with an elevation of 33.44+/- feet above Philadelphia City Datum, said elevation being the top of the elevator shaft thereon erected, SITUATE in the 5th WARD of the City of Philadelphia, and described in accordance with a Physical Conditions Plan (043P04/#2361) made October XX, 2003 by Allen Bommentre, Assistant Surveyor and Regulator of the 3rd Survey District, to wit:

BEGINNING at an interior point below the bed of said Market Street, at the two following Courses and distances from the point formed by the intersection of Southerly side of said Market Street with the Westerly side of 13th Street (59 feet wide), from said point of intersection of Market and 13th Street (1) thence extending along the southerly side of said Market Street N 78º59’00” W, the distance of 119.247’ (2) thence extending N 11º01’00” E, perpendicular to said Market Street, the distance of 9.540’ to the said interior point of beginning.

THENCE extending N 78º59’00” W, parallel with said Market Street, the distance of 9.609’ to a point;

THENCE extending N 11º01’00” E, perpendicular with said Market Street, the distance of 8.142’ to a point,

THENCE extending S 78º59’00” E parallel with said Market Street, the distance of 9.609’ to a point,

THENCE extending S 11º01’00” W, perpendicular with said Market Street, the distance of 8.142’, to the first mentioned place and POINT OF BEGINNING.

CONTAINING in horizontal plane area 78.2 Sq. Ft.

CONTAINING in three dimensional area 2,464.2 Cubic Ft.

BEING KNOWN AS Passenger Elevator # 3 (PE3)- 13th and Juniper Street Stations ADA Accessibility Improvement Project on the above mentioned plan;

SECTION 2.

The City Solicitor is hereby authorized to review and to approve all instruments and documents necessary to effectuate this Ordinance, which instruments and documents shall contain such terms and conditions as the City Solicitor shall deem necessary and proper to protect the interests of the City of Philadelphia and to carry out the purposes of this Ordinance.

End