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AN ORDINANCE APPROVING THE CONVEYANCE OF A PERMANENT EASEMENT OVER CITY-OWNED PROPERTY AS INDICATED ON THE STORM WATER PIPING RELOCATION AND MAINTENANCE EASEMENT AGREEMENT AND MAP ENTITLED “WILSON AVENUE Storm DRAINAGE Easement LOCATION PLAN” TO PASSAIC VALLEY SEWERAGE COMMISSION PURSUANT TO N.J.S.A. 40A:12-13(b)(4) FOR THE SUM OF $10.00 NEAR THE INTERSECTION OF WILSON AVENUE AND DOREMUS AVENUE IN NEWARK, NEW JERSEY.
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WHEREAS, the City of Newark (the “City”) is the owner of property located near the intersection of Wilson Avenue and Doremus Avenue described on Exhibit A, (the “Property”); and
WHEREAS, the Passaic Valley Sewerage Commission (the “PVSC”) seeks to acquire an easement on a portion of the Property for the relocation and/or adjustment of existing storm water piping currently located on PVSC property; and
WHEREAS, the City has negotiated the Storm Water Piping Relocation and Maintenance Easement Agreement (the “Agreement”) with PVSC, outlining the terms of purchase of the Property; and
WHEREAS, the Agreement provides for a Permanent Easement on the Property, as described on the Metes and Bounds Description on Exhibit “A”, “Description of Drainage Easement Portion of Wilson Avenue Right of Way City of Newark, Essex County, New Jersey”, and the Map entitled “WILSON AVENUE STORM DRAINAGE EASEMENT LOCATION PLAN,” Exhibit “B”, collectively “Easement Portion”; and
WHEREAS, the City has determined that Easement Portion of Wilson Avenue Right of Way is no longer needed for public use; and
WHEREAS, pursuant to Local Lands and Buildings Law, N.J.S.A. 40A: 12-13(b)(4), the City is authorized to convey property that is not needed for municipal purposes without public bidding; and
WHEREAS, the PVSC desires to acquire the easement on the Property from the City for planned construction and as such is being acquired by PVSC in accordance with the value of Ten Dollars and Zero Cents ($10.00) pursuant to N.J.S.A. 40A:12-13(b)(4).
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
SECTION 1. The City of Newark hereby authorizes that a Permanent Easement on a portion of city-owned property as described on the Metes and Bounds Description on Exhibit “A”, “Description of Drainage Easement Portion of Wilson Avenue Right of Way City of Newark, Essex County, New Jersey”, and Map entitled “WILSON AVENUE STORM DRAINAGE EASEMENT LOCATION PLAN,” Exhibit “B”, collectively “Easement Portion,” be granted to the Passaic Valley Sewerage Commission for the consideration of Ten Dollars and Zero Cents ($10.00), pursuant to N.J.S.A. 40A:12-13(b)(4).
SECTION 2. The Director of the Department of Engineering is hereby authorized to enter into and execute the Storm Water Piping Relocation and Maintenance Easement Agreement (the “Agreement”), in the form attached hereto, granting a Permanent Easement on the Easement Portion of the City property , any and all other documents, which may be necessary, in order to effectuate the Permanent Easement on the above property all in forms subject to the approval of the City’s Corporation Counsel.
SECTION 3. The Director of the Department of Finance is hereby authorized to place the consideration of Ten Dollars and Zero Cents ($10.00)in the Redevelopment Trust Fund.
SECTION 4. The Director of the Department of Engineering shall place a copy of the executed Agreement on file in the Office of the City Clerk along with this Ordinance.
SECTION 5. This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
STATEMENT
Ordinance allowing the City of Newark to convey a Permanent Easement, on a portion of City-owned property, not needed for public use, located near the intersection of Wilson Avenue and Doremus Avenue as described on Exhibit A to the Passaic Valley Sewerage Commission, for the value of $10.00, pursuant to N.J.S.A. 40A:12-13(b)(4).