An Ordinance Authorizing the Vacation

BILL NO. 37 - 2015

ORDINANCE NO. 2015-_____

AN ORDINANCE AUTHORIZING THE VACATION,

DISCONTINUANCE AND STRIKING FROM THE CITY'S

GENERAL PLAN OF STREETS OF PORTIONS OF

DURHAM STREET AND ORCHARD STREET IN THE

8TH WARD OF THE CITY OF BETHLEHEM, COUNTY

OF NORTHAMPTON, PENNSYLVANIA.

WHEREAS, a Petition of the owners of all the properties abutting that portion of Durham Street to be vacated hereby has been presented to the Council of the City of Bethlehem requesting said vacation; and

WHEREAS, a Petition of the owners of all the properties abutting that portion of Orchard Street to be vacated hereby has been presented to the Council of the City of Bethlehem requesting said vacation; and

WHEREAS, the City Planning Commission at its meeting of August 13, 2015, recommended to City Council the vacation of Durham Street from its intersection with Orchard Street to Main Street and Orchard Street from Durham Street to West Laurel Street.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF BETHLEHEM HEREBY ORDAINS AS FOLLOWS:

SECTION 1. That that portion of Durham Street as hereinafter described be, and the same is, hereby vacated, discontinued, abandoned and stricken from the City's General Plan of Streets:

ALL THAT CERTAIN tract or parcel of land situate west of Main Street between Main Street and Orchard Street in the City of Bethlehem, Ward 8 Block 10, County of Northampton, Commonwealth of Pennsylvania, more fully shown on Exhibit “A-1” attached hereto, bounded and described as follows, to wit:

BEGINNING at the intersection of the northerly right-of-way of West Laurel Street (70 feet wide) and the westerly right-of-way of Main Street (80 feet wide);

Thence along the westerly right-of-way of Main Street, North 00º 06’ 33” East, 180.00 feet to the True Point of Beginning;

Thence along the southerly right-of-way of Durham Street, North 89º 44’ 25” West, 204.00 feet to the westerly right-of-way of Orchard Street (20 feet wide);

Thenc3e along the westerly right-of-way of Orchard Street, North 00º 06’ 33” East, 20.00 feet to the northerly right-of-way of Durham Street;

Thence along the northerly right-of-way of Durham Street, South 89º 44’ 25” East, 204.00 feet to the westerly right-of-way of Main Street;

Thence South 00º 06’ 33” West, 20.00 feet to the point and place of beginning.

CONTAINING 4,080.01 square feet / 0.0937 acres of land more or less.

BOUNDED on the North by lands of Moravian College, on the East by Main Street, on the South by lands of Moravian College and Orchard Street (to be vacated by this ordinance) and on the West by lands of Moravian College.

SECTION 2. That that portion of Orchard Street as hereinafter described be, and the same is, hereby vacated, discontinued, abandoned and stricken from the City's General Plan of Streets:

ALL THAT CERTAIN tract or parcel of land situate west of Main Street between West Laurel Street and Durham Street in the City of Bethlehem, Ward 8 Block 10, County of Northampton, Commonwealth of Pennsylvania, more fully shown on Exhibit “A-2” attached hereto, bounded and described as follows, to wit:

BEGINNING at the intersection of the northerly right-of-way of West Laurel Street (70 feet wide) and the westerly right-of-way of Main Street (80 feet wide);

Thence along the northerly right-of-way of West Laurel Street, North 89º 44’ 25” West, 184.00 feet to the True Point of Beginning;

Thence North 89º 44’ 25” West, 20.00 feet to the westerly right-of-way of Orchard Street (20 feet wide);

Thence along the westerly right-of-way of Orchard Street, North 00º 06’ 33” East, 180.00 feet;

Thence South 89º 44’ 25” East, 20.00 feet to the easterly right-of-way of Orchard Street;

Thence along the easterly right-of-way of Orchard Street South 00º 06’ 33” West, 180.00 feet to the point and place of beginning.

CONTAINING 3,600.01 square feet / 0.0826 acres of land more or less.

BOUNDED on the North by Durham Street (to be vacated by this ordinance), on the East by lands of Moravian College, on the South by West Laurel Street and on the West by lands of Moravian College.

SECTION 3. The City reserves unto itself an easement for the maintenance, construction and reconstruction of any underground utilities presently located on or under the vacated streets. This ordinance is subject to the execution of an easement agreement in recordable form that is satisfactory to the City.

SECTION 4. That upon final enactment of this Ordinance, the City Engineer be and he hereby is, authorized, empowered and directed to strike from the City's General Plan of Streets that portion of Durham Street described in Section 1 hereof and that portion of Orchard Street described in Section 2 hereof as public streets of the City of Bethlehem.

SECTION 5. All Ordinances and parts of Ordinances inconsistent herewith be, and the same are hereby repealed.