Authorizing the revision of lines and grades on a portion of City Plan No. 231 by striking from the City Plan a portion of the cartway of Cross Street, southeast of Gates Street, but retaining the said portion of Cross Street as a public way closed to vehicular traffic, modifying the grades of Cross Street, from Gates Street to a point southeastwardly therefrom, and Gates Street, from Silverwood Street to Cross Street, in order to conform more closely with existing conditions, and relocating the northeasterly curbline of Cross Street, from Gates Street to a point southeastwardly therefrom and the southeasterly curbline of Gates Street, from Silverwood Street to Cross Street, so as to widen the cartways of said Cross Street and Gates Street, under certain terms and conditions.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Pursuant to Sections 11-403 and 11-404 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 No. 231 by:

a) Striking from the City Plan a portion of the cartway of Cross Street, extending from a point approximately two-hundred forty-six feet southeast of Gates Street to a point approximately twenty-six feet further southeastwardly therefrom, but retaining the said portion of Cross Street as a public way closed to vehicular traffic.

b) Modifying the grades of Cross Street, from Gates Street to a point approximately two-hundred forty-six feet southeastwardly therefrom, and Gates Street, from Silverwood Street to Cross Street, in order to conform more closely with existing conditions.

c) Relocating the northeasterly curbline of Cross Street, from Gates Street to a point approximately two-hundred forty-six feet southeastwardly therefrom, four feet northeastwardly, so as to widen the cartway of said Cross Street from sixteen feet to twenty feet.

d) Relocating the southeasterly curbline of Gates Street Street, from Silverwood Street to Cross Street, four feet southeastwardly, so as to widen the cartway of said Gates Street from sixteen feet to twenty feet.

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(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 City Plan changes authorized herein.

c) 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 The Philadelphia Code, Section 14-708(5)(g), relating to dead end streets, shall not apply to Cross 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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