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ORDINANCE AUTHORIZING THE VACATION OF EXISTING UTILITY EASEMENT LOCATED ON BLOCK 17, LOT 1.02 CITY OF NEWARK, ESSEX COUNTY, NEW JERSEY
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WHEREAS, The New Jersey Performing Arts Corporation (“NJPAC”) is the owner of real property designated as Land Unit 1 on Block 17, Lot 1.02 (the “NJPAC Property”) which is more particularly described on Exhibit “A1” to the Permanent Access and Utility Easement and Dedication of Public Utility Agreement (the “Easement Agreement”), attached hereto as “Exhibit A” and made a part of this Ordinance; and
WHEREAS, NJPAC TSD 1 LLC (“NJPAC TSD”) is the owner of real property designated as Land Unit 2 and Land Unit 4 on Block 17, Lot 1.02 (the “Artside Property”) which is more particularly described on Exhibit “A2” to the Easement Agreement; and
WHEREAS, NJPAC TSD is the owner of real property designated as Land Unit 3 on Block 17, Lot 1.02 (the “NJPAC TSD Property”) which is more particularly described on Exhibit “A3” to the Easement Agreement; and
WHEREAS, Center Street Condominium Associates, Inc., is granted certain rights and charged with certain obligations with respect to certain real property designated as Common Elements on Block 17, Lot 1.02 (the “Land Condominium Common Property”, and together with the NJPAC Property, the Artside Property and the NJPAC TSD Property, the “Property”), as described in the Easement Agreement; and
WHEREAS, NJPAC plans to develop a mixed use commercial/residential development and associated parking and other improvements, on the NJPAC Property (the “NJPAC Project”); and
WHEREAS, NJPAC TSD and Center Street Owners Urban Renewal LLC (“CSOUR”) plan to develop a mixed use commercial/residential development and associated parking and other improvements on the Artside Property (the “Artside Project”); and
WHEREAS, NJPAC TSD, through an affiliate, plans to develop a mixed-use residential development and associated parking and other improvements on the NJPAC TSD Property (the “NJPAC TSD Project” and together with such Artside Project and NJPAC Project, the “Lot 1.02 Projects”); and
WHEREAS, as a part of the Lot 1.02 Projects, NJPAC, NJPAC TSD, CSOUR, and Center Street Condominium Association, Inc. (jointly, “Grantors”) intend to construct at the sole cost and expense of Grantors, water, stormwater and sanitary sewer lines on the Property (the “Grantor Improvements”), pursuant to plans approved by the City of Newark (“Grantee”), to connect with Grantee’s existing water, stormwater and sanitary sewer lines adjacent to the Property on Center Street, McCarter Highway and Rector Street; and
WHEREAS, in furtherance of the Lot 1.02 Projects, and to provide for Grantee’s continued operation and maintenance of the Grantor Improvements after installation, Grantor has agreed to convey to Grantee a permanent easement on, across, and under that portion of the Property where the Permanent Easement Areas are located in accordance with the terms, covenants and conditions set forth in the Easement Agreement entered into between Grantors and Grantee; and
WHEREAS, in light of and conditioned upon Grantor’s construction of the Grantor Improvements as a part of the Lot 1.02 Projects, the City wishes to vacate the portion of the existing utility easement on the Property as reserved in that certain Ordinance of the City vacating a portion of Center Street, Mulberry Street, Park Place and Saybrook Place dated February 2, 1994 and recorded in the Essex County Register’s Office on March 22, 1994 in Book 005, Page 865, and shown as “Utility Easement” on that certain filed map entitled “Final Plat, Block 17, 17.01, 125 and Part of Block 125 & 126.01, City of Newark, Essex County, New Jersey, New Jersey Performing Arts Center, Phase One," prepared by Paulus, Sokolowski and Sartor, Consulting Engineers, dated October 31, 1994, Job No. 1486-001, which map was filed in the Map Records of the Essex County Register’s Office on June 30, 1995 as Map No. 3897, and which vacated portion is further described by metes and bounds description attached hereto as Exhibit B and made a part of this Ordinance (the “Lot 1.02 Existing Utility Easement”).
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
SECTION 1. The City of Newark shall vacate the Lot 1.02 Existing Utility Easement on the Property that will no longer exist as a result of the Grantor Improvements incorporated in the Lot 1.02 Projects, as further described by metes and bounds description attached hereto as Exhibit B and made a part of this Ordinance.
SECTION 2. The Mayor and/or his designee are hereby authorized to sign and witness any documents necessary to effectuate the vacation of the Lot 1.02 Existing Utility Easement on the Property that will no longer exist as a result of the Grantor Improvements.
SECTION 3. All Official Maps of the City of Newark shall be amended as necessary to reflect the vacation of the Lot 1.02 Existing Utility Easement on the Property and the inclusion of the Grantor Improvements as part of the City’s water, stormwater and sanitary sewer system infrastructure, and shall be made a part of this Ordinance.
SECTION 4. Any ordinances or parts of ordinances inconsistent with or in conflict with this Ordinance are hereby repealed to the extent of such inconsistency.
SECTION 5. The City of Newark shall file a copy of this Ordinance with the County Clerk as evidence of the City’s vacation of the Lot 1.02 Existing Utility Easement and inclusion of the Grantor Improvements on the Property.
SECTION 6. A copy of this Ordinance shall be kept on file in the Office of the City Clerk.
SECTION 7. The City Clerk shall forward a copy of this Ordinance to the Planning Board.
SECTION 8. This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
STATEMENT
This Ordinance vacates the Lot 1.02 Existing Utility Easement on the Property that will no longer exist as a result of the Grantor Improvements that are a part of the Lot 1.02 Projects, as further described in Exhibit A and Exhibit B attached hereto and made a part of this Ordinance.