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BillENACTED

Bill 100777

Authorizing the Commissioner of Public Property to accept from CSX Transportation, Inc. an easement for an at-grade crossing on Race Street between 23rd Street and the Schuylkill River, an easement for an at-grade crossing on Locust Street between 25th Street and the Schuylkill River and for an aerial easement in the vicinity of Spruce and 26th Streets, all under certain terms and conditions.

Introduced Nov 18, 2010Committee on Public Property and Public WorksOfficial record: City of Philadelphia via Legistar

Introduced by

Council President VernaCouncilmember Tasco

From the floor

Passages in the official transcripts that cite this file number. Every quote links to its exact place in the record.

  1. Bill No. 100777, entitled "An ordinance authorizing the Commissioner of Public Property to accept from CSX Transportation, Inc. an easement for an at-grade crossing on Race Street between 23rd Street and the Schuylkill River"; and Bill No. 100778, entitled "An ordinance authorizing the Commissioner of Public Property on behalf of the City to convey 741 South Chadwick Street, 745 South Chadwick Street, 1129 South Syde…

    Chief Clerk · Stated Meeting, December 16, 2010 · Dec 16, 2010 · official transcript, this passage

  2. The Committee on Public Property and Public Works, to which was referred Bill No. 100614, entitled "An ordinance authorizing the Commissioner of Public Property, on behalf of The City of Philadelphia, to agreement between the Philadelphia Municipal Authority as landlord and The City of Philadelphia as tenant, for use of certain office space located at 1327 through 39 Chestnut Street"; and Bill No. 100777, entitled "A…

    Chief Clerk · Stated Meeting, December 2, 2010 · Dec 2, 2010 · official transcript, this passage

Status timeline

  1. Nov 18, 2010Introduced and Referred · CITY COUNCIL
  2. Dec 1, 2010HEARING NOTICES SENT · Committee on Public Property and Public Works
  3. Dec 1, 2010HEARING HELD · Committee on Public Property and Public Works
  4. Dec 1, 2010REPORTED FAVORABLY, RULE SUSPENSION REQUESTED · Committee on Public Property and Public Works
  5. Dec 2, 2010ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR · CITY COUNCIL
  6. Dec 2, 2010SUSPEND THE RULES OF THE COUNCIL · CITY COUNCIL
  7. Dec 2, 2010ORDERED PLACED ON NEXT WEEK`S SECOND READING CALENDAR · CITY COUNCIL
  8. Dec 16, 2010READ AND PASSED · CITY COUNCIL
  9. Dec 21, 2010SIGNED · MAYOR

Official documents

Documents open on the City of Philadelphia’s legislative site.

Full text

Read the full text as published

..Title Authorizing the Commissioner of Public Property to accept from CSX Transportation, Inc. an easement for an at-grade crossing on Race Street between 23rd Street and the Schuylkill River, an easement for an at-grade crossing on Locust Street between 25th Street and the Schuylkill River and for an aerial easement in the vicinity of Spruce and 26th Streets, all under certain terms and conditions. ..Body WHEREAS, The Pennsylvania Public Utility Commission ("PUC") approved an at-grade crossing on Race Street over CSX Transportation, Inc. ("CSX") tracks near the Schuylkill River Waterfront Trail, an at-grade crossing on Locust Street over CSX tracks near the Schuylkill River Waterfront Trail, and an aerial easement over CSX tracks in the vicinity of Spruce and 26th Streets near the Schuylkill River Waterfront Trail (collectively, "Trail Access Routes"); and WHEREAS, The City and CSX have been involved in federal litigation in the case of CSX Transportation, Inc. v. City of Philadelphia, No. 04-CV-05023 (E.D. Pa.), that has resulted in the Court issuing a stipulated order which permitted at-grade crossings at Race and Locust Streets and an aerial crossing at Spruce Street; and WHEREAS, The City has maintained in CSX Transportation, Inc. v. City of Philadelphia that its existing interest in the bed of Race and Locust Streets, together with the federal court order in CSX Transportation, Inc. v. City of Philadelphia and the PUC approvals, are sufficient, without additional easements or other land use rights, to construct and maintain the Trail Access Routes; and WHEREAS, CSX has maintained in CSX Transportation, Inc. v. City of Philadelphia that the City cannot build crossings over CSX tracks for public access to the Schuylkill River Waterfront Trail without an express grant of land use rights from CSX for such crossings; and WHEREAS, Neither the City or CSX has agreed to change its legal position; and WHEREAS, The City nevertheless wishes to accommodate CSX for purposes of moving forward with construction of the Trail Access Routes amicably, and therefore the City will accept express grants of rights from CSX to construct the Trail Access Routes; and WHEREAS, The City nevertheless maintains that it may construct the Trail Access Routes without any such grant of rights from CSX; now, therefore THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: SECTION 1. The Commissioner of Public Property is hereby authorized to accept from CSX Transportation, Inc. or its subsidiary (collectively, "CSX") an easement or any other grant of rights from CSX to construct an at-grade crossing at the intersection of Race Street and CSX's railroad tracks between 23rd Street and the Schuylkill River. SECTION 2. The Commissioner of Public Property is hereby authorized to accept from CSX an easement or any other grant of rights from CSX to construct an at-grade crossing at the intersection of Locust Street and CSX's railroad tracks between 25th Street and the Schuylkill River. SECTION 3. The Commissioner of Public Property is hereby authorized to accept an aerial easement from CSX an easement or any other grant of rights from CSX to construct a pedestrian bridge crossing CSX's railroad tracks in the vicinity of Spruce and 26th Streets. SECTION 4. The City Solicitor is hereby authorized to review and to approve any documents necessary to effectuate the purpose of this Ordinance, which documents shall contain such terms and conditions as the City Solicitor may deem necessary and proper to protect the interests of the City of Philadelphia and to carry out the purpose of this Ordinance. ..End