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AN ORDINANCE AUTHORIZING THE CITY OF NEWARK TO ACCEPT CORRECTIVE DEEDS FROM THE NEWARK HOUSING AUTHORITY, TO BE RECORDED, CORRECTING THE CITY’S PREVIOUS CONVEYANCE OF THE PROPERTY LOCATED AT 61-69 ORCHARD STREET D/B/A 520-526 S 16TH STREET, NEWARK, NEW JERSEY AND IDENTIFIED ON THE CITY OF NEWARK’S TAX MAP AS BLOCK 883, LOT 11 (CENTRAL WARD).
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WHEREAS, the Housing Authority of the City of Newark (the "Authority") was formerly the owner of certain real property within the City of Newark identified as Block 883, Lots 11, 12, 13, 14, 15,64 and 65, all of which lots have since been consolidated and are currently identified on the City's Tax Map as Block 883, Lot 11, commonly known as 61-69 Orchard Street (the "Site"); and
WHEREAS, the Authority conveyed the Site to the City of Newark (the "City") by two separate deeds, each dated March 3, 1995; and
WHEREAS, according to the City's Tax Assessment records, Block 883, Lot 65 was merged into Block 883, Lot 64 in 1982, and the enlarged Lot 64 was thereafter merged into Block 883, Lot 11 in 1984, in each instance at the request of the Authority as the then-record owner of said lots; and
WHEREAS, in 1985, upon approval of the aforementioned mergers, the street and alley frontage formerly serving Lots 64 and 65 was vacated; and
WHEREAS, the deed dated March 3, 1995 by which the Authority conveyed Block 883, Lot 11 to the City erroneously set forth the original legal description for Lot 11 as it existed prior to the 1982 and 1984 mergers, rather than the legal description for Lot 11 as enlarged by such mergers; and
WHEREAS, Block 883, Lots 13, 14 and 15 were originally conveyed by the City to the Authority by deed dated December 5, 1977; and
WHEREAS, the December 5, 1977 deed included the legal description for Lot 13 only, and did not include the legal descriptions for Lots 14 and 15; and
WHEREAS, the City thereafter recorded a corrective deed dated May 11,1984, which included the legal descriptions for Lots 13, 14 and 15; and
WHEREAS, the deed dated March 3, 1995 by which the Authority conveyed Block 883, Lots 13, 14 and 15 to the City erroneously included the incomplete legal description set forth in the December 5, 1977 deed, rather than the corrected legal descriptions set forth in the May 11, 1984 corrective deed; and
WHEREAS, as a result of the foregoing errors, the legal descriptions contained in the two deeds dated March 3, 1995 do not accurately describe the property conveyed to the City; and
WHEREAS, a deed of correction is to be used for corrective or confirmatory purposes for deeds that need to be recorded or re-recorded due to a typographical, clerical, property description or other scrivener error or omission; and
WHEREAS, the City requested that the Authority execute and deliver two corrective deeds (the “Corrective Deeds”) to correct the legal descriptions contained in the March 3, 1995 deeds; and
WHEREAS, the Board of Commissioners of the Authority determined that it was appropriate and in the best interests of the Authority to authorize the execution and delivery of such Corrective Deeds in order to accurately reflect the property previously conveyed to the City; and
WHEREAS, it is in the best interest of the City to accept and record the Corrective Deeds from the Authority in order to prevent difficulties in the future and to permit recordation of a deed that sets forth the true and correct description of the Site.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Section 1. The City of Newark, acting by and through its Deputy Mayor/Director of Economic and Housing Development is hereby authorized to accept the Corrective Deed from the Newark Housing Authority as they may concern Tax Block 883, Lots 11, 12, 13, 14, 15,64 and 65; and record said deeds, together with any additional required documents, in the Office of the Essex County Register of Deeds and Mortgage.
Section 2. The City of Newark, acting by and through its Deputy Mayor/Director of Economic and Housing Development, is hereby authorized to execute any documentation as may reasonably be required for recording.
Section 3. The Deputy Mayor/Director of the Department of Economic and Housing Development shall file a copy of the recorded deed(s) with the Newark City Clerk after its receipt from the Essex County Register’s Office.
Section 4. This Ordinance shall take effect upon passage and publication in accordance with applicable law.
STATEMENT
This Ordinance authorizes the Mayor of the City of Newark, and/or his designee, the Deputy Mayor/Director of the Department of Economic and Housing Development to accept and record the Corrective Deeds from the Newark Housing Authority.