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AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF NEWARK, AND/OR HIS DESIGNEE, THE DEPUTY MAYOR/DIRECTOR OF THE DEPARTMENT OF ECONOMIC AND HOUSING DEVELOPMENT TO ENTER INTO AND EXECUTE A CORRECTIVE DEED, TO BE RECORDED, CORRECTING THE CITY’S PREVIOUS CONVEYANCE OF A PORTION OF BLOCK 2025, LOT 2 TO THE ESSEX COUNTY IMPROVEMENT AUTHORITY.
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WHEREAS, pursuant to Ordinance 6S&Fg adopted by the Municipal Council on December 3, 2003, the City of Newark (the “City”) delivered to the Essex County Improvement Authority (the "ECIA"), a deed, dated April 14, 2010, and recorded on May 17, 2010 in the Essex County Register's Office in Deed Book 12253, Page 5067 (the “Deed”), intending to convey to the ECIA Block 2473, Lot 1 and a portion of the property identified in the Official Tax Map of the City of Newark, as Block 2025, Lot 2 (the "Property"), which deed contained a legal description that inadvertently included the entirety of Block 2025, Lot 2, instead of the Property intended to be conveyed to the ECIA; and
WHEREAS, the City has become aware of the inadvertent error in the legal description in the Deed; 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 must file a Deed of Correction (“Corrective Deed”, attached hereto as Exhibit 1) 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 Property intended to be conveyed; and
WHEREAS, the purpose of the Corrective Deed is only to correct the Property, specifically a portion of Block 2025, Lot 2, and as such the Deed correctly conveyed Block 2473, Lot 1; and
WHEREAS, no additional consideration is to be paid pursuant to the execution of the Corrective Deed; and
WHEREAS, the City deems the terms of the Corrective Deed reasonable and necessary given that the conveyance corrects a prior conveyance of the Property from the City to ECIA and it furthers the goals of the City to revitalize the Newark Passaic Riverfront and improve it as an amenity for the citizens of Newark Redevelopment Law and the Redevelopment Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. Subject to such modifications as may be deemed necessary or appropriate by the City’s Corporation Counsel, the Mayor of the City of Newark, and/or his designee, the Deputy Mayor/Director of the Department of Economic and Housing Development are hereby authorized to execute and record a Corrective Deed together with the required Affidavit of Consideration and State of New Jersey Waiver of Seller’s Filing Requirement of GIT/REP Forms and Payment for Corrected Deed with No Consideration (collectively “Corrective Deed”), in substantially the form attached hereto as Exhibit 1, which shall be recorded in the Essex County Register’s Office.
2. Said Corrective Deed shall be approved as to form and legality by the City’s Corporation Counsel and attested to and acknowledged by the City Clerk.
3. The Deputy Mayor/Director of the Department of Economic and Housing Development shall place a copy of the executed Corrective Deed, together with this Ordinance on file in the Office of the City Clerk.
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 execute a Corrective Deed, correcting the City’s previous conveyance of a portion of Lot 2 in Block 2025 to the Essex County Improvement Authority, in substantially the form attached hereto.