Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-C-292-10
Claimant: George Delmarmo
Claimant's Attorney: Maria A. Kershaw, Esq.
Attorney's Address: 1545 U.S. Highway 206, Suite 304, Bedminster, New Jersey 07921
Settlement Amount: $6,000.00
Funding Source:
Additional Comments:
Invitation: Corporation Counsel, August 6, 2013
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WHEREAS, the City of Newark is the current owner of the real property identified on the Official Tax Map of the City of Newark as Block 699, Lot 18 and more commonly known as 316 North 10th Street, Newark, New Jersey (Property); and
WHEREAS, the property was acquired by the City by Final Judgment of the Superior Court of New Jersey, entered on October 1, 2001, ESX-F-13821-01, and recorded on October 12, 2001 with the Essex County Register's Office as Instrument No. 489328, in Deed Book 5832, Page 676; and
WHEREAS, plaintiff, George Delmarmo (Delmarmo) instituted an action in the Superior Court of New Jersey, Chancery Division, entitled George Delmarmo v. City of Newark and Patrick Salvatoriello, Docket No. ESX-C-292-10 (the Action), in which Delmarmo filed a Complaint to Quit Title against the City of Newark (City) and Patrick Salvatoriello to determine Delmarmo's interest in the property; and
WHEREAS, in an effort to amicably resolve the Action, Delmarmo and the City have negotiated a settlement of litigation which has been memorialized into a Consent Order for Settlement (Consent Order) whereby:
- the City agrees to transfer title to City-owned real property, 316 North 10th Street, Newark New Jersey, also known as Block 699, Lot 18, on the City's tax map, to Delmarmo through a quitclaim deed; and
- Delmarmo agrees to deliver funds to the City in the amount of Six Thousand Dollars ($6,000.00) as payment for the Property; and
- Delmarmo and the City shall release their claims against each other whether known or unknown which were made or could have been made in the Action; and
WHEREAS, the full terms of the parties' agreement are more particularly set forth in that certain Consent Order for Settlement attached hereto and made a part of this resolution; and
WHEREAS, the City's Corporation Counsel, based on the facts and circumstances of this matter, deems it to be in the best interest of the city to enter into said Consent Order, according to the terms stated therein.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
- The above whereas clauses are incorporated herein as though fully set forth at length.
- The City's Corporation Counsel is hereby authorized to enter into the Consent Order for Settlement, in the form attached hereto, and take all actions necessary to satisfy the City's obligations thereunder to the extent legally permitted to do so.
- The Mayor and/or his designee, the Deputy Mayor/Director of the Department of Economic and Housing Development be, and hereby are, authorized to execute any and all deeds and other documents necessary, to the satisfaction of the City's Corporation Counsel, to effectuate the conveyance of 316 North 10th Street, Newark, New Jersey, also known as Block 699, Lot 18 on the City's tax map, to George Delmarmo.
- George Delmarmo shall record said deed with the Register of the Essex County after said deed has been approved by Corporation Counsel as to form and legality and further attested to and acknowledged by the City Clerk.
- Copies of this Resolution and the Consent Order for Settlement shall be filed in the Office of the City Clerk of the City of Newark.
STATEMENT
This resolution hereby authorizes and directs the Corporation Counsel to enter into a Consent Order for Settlement, pursuant to which: [1] the City agrees to transfer title to City-owned real property 316 North 10th Street, Newark, New Jersey, also known as Block 699, Lot 18 on the City's tax map to Delmarmo through a quitclaim deed; [2] Delmarmo agrees to deliver funds to the City in the amount of Six Thousand Dollars ($6,000.00) as payment for the Property; and [3] Delmarmo and the City shall release their claims against each other whether known or unknown which were made or could have been made in the action entitled George Delmarmo v. City of Newark and Patrick Salvatoriello, Docket No. ESX-C-292-10. This Resolution further authorizes and directs the Mayor and/or his designee, the Deputy Mayor/Director of the Department of Economic and Housing Development, to effectuate the terms of said Consent Order for Settlement, including the conveyance of the real property in question.