Title
Dept/ Agency: Economic & Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Right of Entry Agreement
Purpose: NJDOT intends to undertake a construction project to make improvements to Route 46 in and around Woodland Park, and that in connection with same it is necessary for NJDOT to acquire certain rights to the City Property in order to make these improvements
Entity Name: State of New Jersey Department of Transportation
Entity Address:
Contract Period: Begins upon execution of this resolution
Contract Basis: ( ) Bid (X) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Location of Property: Reservoir Road, Woodland Park, New Jersey and identified on the tax maps of Woodland Park as Block 113, Lot 3.03
(Address/Block/Lot/Ward)
Reservoir Road, Woodland Park, New Jersey and identified on the tax maps of Woodland Park as Block 113, Lot 3.03
Additional Information:
This resolution authorizes the city to enter into a Right of Entry Agreement with the New Jersey Department of Transportation ("NJDOT") to provide NJDOT with immediate access to City-owned property
No Action Taken, June 18, 2014
body
WHEREAS, the City of Newark (the "City"), through its Department of Water and Sewer Utilities owns real property located at Reservoir Road, Woodland Park, New Jersey and identified on the official tax maps Woodland Park as Block 113, Lot 3.03 (the "City Property"); and
WHEREAS, the State of New Jersey, Department of Transportation (the "NJDOT") has previously advised the City that NJDOT intends to undertake a construction project to make improvements to Route 46 in and around Woodland Park, and that in connection with same it is necessary for NJDOT to acquire certain rights to the City Property in order to make these improvements; and
WHEREAS, for purpose of construction and acquisition of those certain rights NJDOT has designated the City Property as Parcel 74B and Parcel E74A on the Parcel Maps prepared by NJDOT (a copy of the Parcel Maps for Parcel 74B and Parcel E74A are attached hereto and made a part of this resolution) ; and
WHEREAS, NJDOT has proposed to acquire the following property rights from the City:
(i) a fee taking of 15,899 square feet as shown on the Parcel Map for Parcel 74B;
(ii) a permanent slope easement of 3,368 square feet as shown on the Parcel Map for Parcel 74B;
(iii) a temporary construction easement of 14,021 square feet as shown on the Parcel Map for Parcel 74B for a twelve month period;
(iv) a drainage easement of 294 square feet as shown on the Parcel Map for Parcel E74A;
(v) a ditch easement of 667 square feet as shown on the Parcel Map for Parcel E74A;
(vi) two temporary site mitigation work areas containing 2,431 square feet as shown on the Parcel Map for Parcel E74A (collectively the "City Property Rights"); and
WHEREAS, NJDOT has offered the City the sum of $94,000.00 plus $600.00 per month in the event that the temporary construction easement is extended beyond its twelve month term; and
WHEREAS, NJDOT has indicated that if it cannot acquire the City Property Rights voluntarily, that NJDOT would institute condemnation proceeds in order to acquire the City Property Rights; and
WHEREAS, it is anticipated that the City and NJDOT will enter into a mutually acceptable agreement concerning the acquisition of the City Property Rights imminently (a copy of the proposed mutually acceptable agreement between the City and the NJDOT is attached hereto and made a part of this resolution) and the NJDOT has requested that the City enter into the attached Right of Entry Agreement now whereby on a voluntary basis the City will permit NJDOT to gain immediately access the City Property for the purpose of commencing road and utility reconstruction work; and
WHEREAS, the Right of Entry Agreement provides that the City voluntarily relinquishes immediate payment of compensation by NJDOT for the City Property Rights and the rights granted within the Right of Entry Agreement, but that the NJDOT will pay the City upon the processing of an agreement for sale, or institution of condemnation proceedings in the event that an agreement is not reached for the City Property Rights; and
WHEREAS, the City has determined that it is in the public interest to enter into the Right of Entry Agreement on the terms set forth therein in lieu defending itself in a condemnation proceeding instituted by NJDOT; and
WHEREAS, the City Council wishes to authorize the Mayor and Acting Director of the Department of Economic and Housing Development to execute the Right of Entry Agreement with NJDOT to permit immediate access to the City Property for the purpose of road and utility reconstruction work.
NOW, THEREFORE BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Municipal Council hereby authorizes the Right of Entry Agreement whereby NJDOT is provided immediate access to the City Property located at Reservoir Road, Woodland Park, New Jersey and identified on the tax maps of Woodland Park as Block 113, Lot 3.03. (Designated by NJDOT as Parcel 74B and Parcel E74A) for the purpose of road and utility reconstruction work.
2. The Mayor and/or his designees, the Acting Director of the Department of Economic and Housing Development and the Business Administrator are hereby authorized to execute the Right of Entry Agreement in the form attached hereto.
3. A copy of the fully executed Right of Entry Agreement shall be placedon file with the City Clerk's Office by the Acting Director of the Department of Economic and Housing Development.
STATEMENT
This resolution authorizes the Mayor and/or his designees, the Acting Director of the Department of Economic and Housing Development and the Business Administrator to enter into a Right of Entry Agreement with the New Jersey Department of Transportation ("NJDOT") to provide NJDOT with immediate access to City-owned property located at Reservoir Road, Woodland Park, New Jersey and identified on the tax maps of Woodland Park as Block 113, Lot 3.03. NJDOT has requested immediate access to this property in order for NJDOT to undertake roadway improvements on Route 46.