Title
AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF THE RESERVATION IN THE AREA OF THE PREVIOUSLY VACATED SOUTH SIXTH STREET RIGHT OF WAY IN A PORTION OF BLOCK 1830
Sponsors: McCallum/Osborne
Body
WHEREAS, by Ordinance adopted on December 21, 1966, the City vacated the right of way for South Sixth Street between Eleventh Avenue and the intersection of Central Avenue and West Market Street; and
WHEREAS, said Ordinance was recorded in the Essex County Register’s Office on January 3, 1967, in Book 3 of Street Vacations at Page 213; and
WHEREAS, said Ordinance reserved the right of the City in an area measuring ten feet (10’) wide in the vacated right of way for South Sixth Street for the purpose of installing and maintaining sewer and/or water lines until the then existing sewer line is abandoned, and also prohibits the placing of any building or structure in the reservation area that would interfere with the City’s access to the ten foot (10’) wide reservation area (“Reservation” or “Reservation Area”); and
WHEREAS, Public Service Electric and Gas Company (“PSE&G”) is the owner of property known as Block 1830, Lot 1, commonly known as 478-492 Central Avenue and Block 1830, Lot 10, commonly known as 17-53 Eleventh Avenue which are subject to and burdened by said Reservation; and
WHEREAS, on February 27, 2014, PSE&G filed an appeal petition entitled “In the Matter of the Petition of Public Service Electric and Gas Company Pursuant to N.J.S.A. 40:55D-19 from a Decision of the City of Newark Zoning Board of Adjustment Denying an Application for Preliminary and Final Site Plan Approval and Variances Necessary for the Construction of A 230/26/13kV Switching Station (“McCarter Switching Station”)”, with the New Jersey Board of Public Utilities to appeal the Zoning Board’s denial of the Application to which the City and others became parties (“BPU Litigation”); and
WHEREAS, the BPU Litigation was resolved by a Settlement Agreement by and among the City of Newark, the Urban League of Essex County, the Fairmount Heights Neighborhood Association, and PSE&G which was approved by Administrative Law Judge Gail M. Cookson by an Initial Decision dated December 1, 2014 which was subsequently approved by the New Jersey Board of Public Utilities on January 21, 2015 and was approved by the City by Resolution 7R7-B(S) adopted on November 13, 2014 (“Settlement Agreement”); and
WHEREAS, the Settlement Agreement provides in part that the PSE&G is permitted to build the McCarter Switching Station, the remainder of its property not needed for the McCarter Switching Station will be donated to the City and PSE&G will construct a stormwater facility to service the entire block. The Settlement Agreement provides in part that the parties will cooperate with, and support PSE&G in their efforts to complete these actions; and
WHEREAS, a portion of the Reservation Area which is depicted in the Sketch and Legal Description attached hereto as EXHIBIT A needs to be vacated in order for PSE&G to complete these actions; and
WHEREAS, the sewer line in the Reservation Area to be vacated has been abandoned for a number of years, the City has no present or future intention of utilizing the portion of the Reservation Area to be vacated for water or sewer lines, there is sufficient water and sewer service in the adjoining streets and the Department of Engineering has no objection to this vacation.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Section 1. All that portion, part and parcel of the Reservation Area as depicted in the Sketch and Legal Description attached hereto as EXHIBIT A and the restrictions of that Reservation Area shall be and are hereby vacated.
Section 2. All publication and notice requirements of this Ordinance are subject to N.J.S.A. 40:49-6.
Section 3. This Ordinance is adopted under and by virtue of the provisions of N.J.S.A. 40A:12-13(c) in the Local Lands and Building Law and the corresponding provision of N.J.S.A. 40A:12A-22(j) in the Local Redevelopment and Housing Law.
Section 4. This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey, and shall be recorded with the Essex County Clerk with an affidavit of publication of this Ordinance.
STATEMENT
This Ordinance vacates a portion of the Reservation Area in the formerly vacated right of way for South Sixth Street between Eleventh Avenue and the intersection of Central Avenue and West Market Street.