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AN ORDINANCE TO ACQUIRE A TEMPORARY WORK AREA EASEMENT ON PRIVATELY OWNED PROPERTY LOCATED ON THE OFFICIAL TAX MAY OF THE CITY OF NEWARK AS BLOCK 4, LOT 9, FOR THE CONSTRUCTION OF THE JOSEPH G. MINISH PASSAIC RIVER WATERFRONT PARK AND HISTORIC AREA, NEWARK, NEW JERSEY.
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WHEREAS, the City of Newark (the “City”) recognizes that the Passaic River shoreline existing within the City of Newark, County of Essex, State of New Jersey is subject to constant erosion and degradation, thereby destroying a valuable natural resource, and threatening the property within the City of Newark and the citizens of the State of New Jersey; and
WHEREAS, the City desires to participate with the New Jersey Department of Environmental Protection (the “NJDEP”) and the United States Army Corps of Engineers (the “USACE”) to construct the Joseph G. Minish Passaic River Waterfront Park and Historic Area, Newark, New Jersey, as defined in the May 25, 1999 Project Cooperation Agreement (“PCA”) entered into by and between the Department of the Army and the New Jersey Department of Environmental Protection (“NJDEP”) (the “Project”); and
WHEREAS, construction of the Project includes, but is not limited to, bulkhead construction; restoration of the Passaic River Bank; bank stabilization; creation of tidal wetland, and period maintenance work to be performed by the NJDEP and USACE in conjunction with park and pedestrian walkway construction to be subsequently performed by the City; and
WHEREAS, the City entered into a State Aid Agreement with the NJDEP for the construction of the Project, dated October 10, 2019 (the “State Aid Agreement”), pursuant to the PCA, wherein the City is required to obtain and provide all real estate, perpetual and temporary easements, and rights of ways for the Project; and
WHEREAS, in order to accomplish its part of the Project, the City is required, pursuant to the State Aid Agreement, to acquire a temporary work easement in a parcel privately owned by Seabra Brothers II (“Seabra”) and designated as Block 4, Lot 9 on the Official Tax Map of the City of Newark (the “Property”); and
WHEREAS, pursuant to the State Aid Agreement, the NJDEP will reimburse the City for the costs the City expends for the acquisition of the real estate for the Project, whether by eminent domain or through a negotiated acquisition, provided such costs are reimbursed by the Army Corps of Engineers in accordance with the Project Partnership Agreement between the Department of the Army and the NJDEP of June 7, 2017 (“PPA”); and
WHEREAS, the USACE and the State of New Jersey will not participate in the Project, unless the City acquires the temporary work area on the Property, which are necessary for the Project; and
WHEREAS, the City desires to cooperate in allowing the Project to be completed as the City and its residents will benefit from the successful implementation of the Project; and
WHEREAS, Integra Realty Resources has prepared an appraisal of the Property, which is privately owned, for the City to support the acquisition of the Property l; and
WHEREAS, pursuant to N.J.S.A. 40A:12-1 et seq. and N.J.S.A. 20:3-1 et seq., Seabra granted the City a Deed of Temporary Work Area Easement to the City of Newark and the State of New Jersey dated April 24, 2024 and recorded in the Office of the Essex County Register on May 20, 2024, Instrument #2024028645 (the “Original Temporary Easement”), which was authorized by Ordinance 6PSF-a adopted by the Newark Municipal Council on May 3, 2023; and
WHEREAS, the duration of the Original Temporary Easement granted and for which compensation was previously delivered to Grantor was for a period of eighteen (18) months, which commenced on April 24, 2024 and expired on October 24, 2025; and
WHEREAS, WHEREAS, Seabra has granted two six-month extensions of time, pursuant to separate Right-of-Entry Agreement for Construction between Seabra and the United States Army Corps of Engineers, dated October 6, 2025 and April 6, 2026, respectively ending on such earlier date as may be determined by written notice from Grantees to Grantor that the easement is no longer needed), which the parties have memorialized in a Right of Entry Agreement (the “ROE”); and
WHEREAS, in consideration for the benefits to be received by Seabra for the redevelopment of its Property from the successful implementation of the Project and payment of the sum of One Hundred Forty-Eight Thousand Eight Hundred Sixteen Dollars and Zero Cents ($148,816.00), based on an agreed upon minimum monthly rate, Seabra has conveyed to the City an irrevocable, assignable, temporary work area easement.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Section 1. They Mayor of the City of Newark and Deputy Mayor/Director of Economic and Housing Development are each hereby authorized, pursuant to the Local Lands and Buildings Law, N.J.S.A. 40A:12-1 et seq., the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 et seq., and the State Aid Agreement to enter into an agreement to pay the sum of $148,816.00 (One Hundred Forty-Eight Thousand Eight Hundred Sixteen and Dollars and Zero Cents) to acquire an irrevocable, assignable, temporary work area easement for the completion of the Project in the property designated on the Official Tax Map of the City of Newark as Block 4, Lot 9.
Section 2. The Mayor of the City of Newark and Deputy Mayor/Director of the Department of Economic and Housing Development are each hereby authorized to enter into and execute, on behalf of the City, documents necessary to acquire, either by purchase or condemnation, the Supplemental Temporary Easement deemed necessary to be acquired by the City and the State of New Jersey for the completion of the Project in the property designated on the Official Tax Map of the City of Newark as Block 4, Lot 9.
Section 3. The Mayor of the City of Newark and the Deputy Mayor/Director of the Department of Economic and Housing Development and the Director of the Department of Finance are each hereby authorized to enter into and execute and deliver any and all documents and certificates necessary or convenient in connection with the transactions authorized herein, including without limitation, an affidavit of title, a closing statement and a continuing disclosure agreement.
Section 4. This Ordinance shall take effect upon adoption and approval in the time and manner prescribed by law.
STATEMENT
This Ordinance authorizes the acquisition of a temporary work area easement on privately owned property commonly known as Block 4, Lot 9, which easement acquisition by the City of Newark is necessary to construct the Joseph G. Minish Passaic River Waterfront Park and Historic Area, Newark, New Jersey as defined in the May 25, 1999, Project Cooperation Agreement entered into by and between the Department of the Army and the State of New Jersey.