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ORDINANCE AUTHORIZING THE CITY OF NEWARK TO ACCEPT DONATION OF LAND FROM THE NEWARK HOUSING AUTHORITY (BLOCK 1, LOT 24 & BLOCK 130, LOT 29) FOR THE CONSTRUCTION AND MAINTENANCE OF NEWARK RIVERFRONT PARK.
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WHEREAS, the construction of the Joseph G. Minish Passaic River Waterfront Park Flood Control Project (the “Project”) in the City of Newark was authorized by the United States Congress in Section 101(a)(18) of the Water Resources Development Act of 1990; and
WHEREAS, in April 1999, the United States Department of Army (“Army”) and the State of New Jersey (the “State”) entered into a Project Cooperation Agreement, Phase I (the “PCA”), which states in part that the State, through the New Jersey Department of Environmental Protection Division of Engineering and Construction (“NJDEP”) will furnish to the Army “all land, easements, rights-of-way, relocation of utilities, funding for the construction of the Project and the operation and maintenance of the Project upon its completion”; and
WHEREAS, by Resolution 7RBI adopted on August 4, 1999, the Municipal Council of the City of Newark then authorized the City to enter into a State Aid Agreement with NJDEP, which agreement provided that the City would acquire lands along the Passaic River necessary for the construction of the Project; and
WHEREAS, in furtherance of the construction of the Project, pursuant to Resolution 00-1-3, adopted on February 16, 2000, the Housing Authority of the City of Newark (“NHA”) Board of Commissioners resolved to donate to the City of Newark certain lands described as “portions of tax block 1, lots 1, 3, 24, and 30, and portion of tax block 130, lot 41”; and
WHEREAS, pursuant to Ordinance 6S&FI, adopted on March 1, 2000, the Newark Municipal Council authorized the acceptance of the donated lands from NHA; and
WHEREAS, a major subdivision by the City involving Block 128, Lot 1.01, Block 129, Lot 1 (on the one part) and Block 1, Lot 24, Block 130, Lots 29, 41 and 47 (on the other part), recorded in the Essex County Registrar’s Office on February 13, 2001 as Map #4115, among other things, resulted in the enlargement of Block 1, Lot 24 and Block 130, Lot 29; and
WHEREAS, pursuant to Resolution 01-5-6, NHA resolved to donate certain lands described as a portion of Block 130, Lot 29 to the City (although NHA is unable to locate the Resolution authorizing the donation of a portion of Block 130, Lot 29); and
WHEREAS, in accordance with and as contemplated by NHA Resolutions 00-1-3 and 01-5-6 and City Ordinance 6S&FI adopted on March 1, 2000, on January 2, 2003, a Bargain and Sale Deed was executed between the City of Newark as Grantee and NHA as Grantor, and, on January 6, 2003, this deed was recorded at Deed Book 5939, Page 870; and
WHEREAS, said Bargain and Sale Deed conveyed property described as “portion of lots 1, 3, 24 & 30 in City Block 1 and part of Lot 41 in Block 130” and “a portion of Lot 29 (Easement Area) in City Block 130”; and
WHEREAS, the City has designated the conveyed portions of City Block 1, Lots 24 and 30 as well as City Block 130, Lot 29 as City Block 1, Lots 24.01 and 30.01 and City Block 130, Lot 29.01 in the City Tax Maps; and
WHEREAS, in accordance with N.J.S.A. 40A:12-5(a)(1) “any municipality, by ordinance, may provide for the acquisition of any real property, capital improvement, or personal property: (1) by purchase, gift, devise, lease, exchange, or condemnation;” and
WHEREAS, in accordance with N.J.S.A. 40:61-1, the City may, acquire, lay out, improve, embellish and maintain, lands by gift, purchase, devise, or condemnation, any lands suitable for public parks, squares, open spaces, playgrounds, beaches, water fronts and places for public resort and recreation; and,
WHEREAS, the City has been in the process of, and continues to be in the process of, expanding the development of Newark Riverfront Park, designing and implementing a riverfront park and public walkway along the shoreline of the Passaic River, parts of which will be on lands acquired in conjunction with the Project; and
WHEREAS, the City later adopted Newark’s River Public Access and Redevelopment Plan (the “Redevelopment Plan”) (as same may be amended from time to time); and
WHEREAS, the City’s landscape architects, James Corner Field Operations, have developed plans for the Newark Riverfront Park (the “Park”) along the shoreline between Madison Street and Bridge Street (which plans are on file at the Office of the Deputy Mayor/Director of Economic and Housing Development of the City of Newark); and
WHEREAS, the January 6, 2003 transfer caused small tracts of land to remain within Block 1, Lot 24 (12,650 square feet remaining) and Block 130, Lot 29 (2,838 square feet remaining); and
WHEREAS, NHA owns the real property located at Block 1, Lot 24, on the tax map of the City of Newark, more commonly known as 8-12 Centre Place, Newark, New Jersey as well as the real property located at Block 130, Lot 29 on the tax map of the City of Newark, more commonly known as 20-32 Centre Place, Newark, New Jersey (collectively, the “Property”); and
WHEREAS, the City intends to construct a portion of the Park upon the Property; and
WHEREAS, as stated above, NHA is the owner of record, in fee simple, of the remaining portions of City Block 130, Lot 29 and City Block 1, Lot 24; both not previously conveyed; and
WHEREAS, the remaining portions of Block 130, Lot 29 and Block 1, Lot 24; both not previously conveyed are needed by the City to fully implement the Park and were not conveyed to the City in the above-described 2000 and 2003 transactions; and
WHEREAS, NHA has established the current acquisition value for the remaining portions of Block 130, Lot 29 and Block 1, Lot 24 and determined the current value of the Property to be $63,000.00; and
WHEREAS, NHA is authorized pursuant to its Resolution 25-25-09-04 adopted on September 25, 2025, and wishes to donate the needed tracts of land to the City of Newark to assist the City in achieving the monumental and historic goal of implementing the Park for benefit of the enjoyment of the public and the reconnection of the City with the waterfront; and
WHEREAS, the Property is located within an area that has been deemed to be in need of redevelopment pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq. (the “Act”), and is subject to the Redevelopment Plan; and
WHEREAS, once completed, the Park will serve to reconnect the City with the waterfront and NHA acknowledges the great value and benefits that the Project will bring to the City of Newark and its residents and businesses and as such, NHA wishes to cooperate with the City in the implementation of the Park; and
WHEREAS, it is in the best interest of the City that NHA donate the portions of the Property required for the Park to the City for the nominal amount of $1.00 in accordance with the Act.
NOW, THEREFORE BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF NEWARK, NEW JERSEY THAT:
1. Conveyance of Block 130, Lot 29 and Block 1, Lot 24: 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 to effect conveyance of the fee simple transfer of that certain portion of Block 130, Lot 29 and Block 1, Lot 24 from Newark Housing Authority; both not previously conveyed.
2. The Deputy Mayor/Director of the Department of Economic and Housing Development is hereby authorized to accept the deed(s) as they may concern Tax Block 1, Lot 24 and Tax Block 130, Lots 29 and record said deed(s) in the Office of the Essex County Register of Deeds and Mortgages. 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.
3. This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
STATEMENT
This Ordinance authorizes the City of Newark to accept donation of land from the Newark Housing Authority (Tax Block 1, Lot 35; and Tax Block 130, Lot 29) for the Joseph G. Minish Passaic River Waterfront Park Historic Area.