Authorizing and directing the revision of lines and grades on a portion of City Plan Nos. 52-S and 53-S by placing on the City Plan Twenty-sixth Street from Penrose Avenue southwardly approximately one-thousand eight-hundred thirty-two feet to a dead end, and the dedication to the City, free and clear of all encumbrances, of the bed of said Twenty-sixth Street, all under certain terms and conditions.

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 hereby authorized to revise the lines and grades on a portion of City Plan Nos. 52-S and 53-S by placing on the City Plan Twenty-sixth Street from Penrose Avenue southwardly approximately one-thousand eight-hundred thirty-two feet to a dead end.

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 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 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 indemnify 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 dedication to the City, without cost and free and clear of all encumbrances, of the bed of Twenty-sixth Street as proposed to be placed on the City Plan by authority of this Ordinance.

(d) The payment by the party in interest of the cost of advertising the public hearing by the Board of Surveyors on the City Plan changes authorized by this Ordinance.

SECTION 3. The provisions of Section 14-2104(3)(g) of The Philadelphia Code, relating to dead end streets, shall not apply to Twenty-sixth Street as affected by this Ordinance.

SECTION 4. 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 one hundred and twenty (120) days after this Ordinance becomes law.

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