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AN ORDINANCE ALLOWING THE CITY OF NEWARK, PURSUANT TO THE NEW JERSEY LOCAL LANDS AND BUILDINGS LAW, N.J.S.A. 40A:12-13(b)(4), TO ACQUIRE A PERMANENT EASEMENT FROM CENTERPOINT RUTHERFORD, LLC, FOR THE SUM OF $10.00 FOR THE TEMPORARY CONSTRUCTION AND PERMANENT ACCESS UPON AND ACROSS A PORTION OF PROPERTY LOCATED AT 49 RUTHERFORD STREET AND DESIGNATED AS BLOCK 5050.01, LOT 15 AND BLOCK 5056, LOTS 26 and 89 IN NEWARK, NEW JERSEY AS DEPICtED IN A MAP ENTITLED “PERMANENT DRAINAGE EASEMENT PORTIONS OF BLOCK 5050.01, LOT 15” TO CONSTRUCT, RECONSTRUCT, USE, GRADE, CLEAN, REPAIR, REPLACE, INSPECT, OPERATE AND OTHERWISE MAINTAIN IN AN UNOBSTRUCTED CONDITION A SYSTEM OF STORM DRAINAGE PIPE LINES.
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WHEREAS, CenterPoint Rutherford, LLC (the “CenterPoint”), is the owner of property located at 49 Rutherford Street and designated as Block 5050.01, Lot 15 and Block 5056, Lots 26 and 89 as described in Exhibit “A”, (the “Property”); and
WHEREAS, the City of Newark (the “City”) seeks to acquire an easement from Centerpoint on a portion of the Property; and
WHEREAS, the City has determined that the easement on a portion of the Property is needed for public use to construct, reconstruct, use, grade, clean, repair, replace, inspect, operate and otherwise maintain in an unobstructed condition a system of storm drainage pipe lines, manholes, inlets, overland drainage swales and appurtenant storm water management facilities for the conveyance of stormwater runoff tributary thereto and serving all or a part of the storm drainage area now or hereafter lying within the City’s property (collectively, the "Storm Water Drainage Facilities"), hereinafter referred to as the “Project”, together with the right of access over, upon and through said easement for the necessary individuals and equipment to perform said functions; and
WHEREAS, pursuant to the New Jersey “Local Lands and Buildings Law,” N.J.S.A. 40A: 12-13(b)(4), a municipality may acquire any real property, capital improvement, personal property, or any interest or estate whatsoever therein, by purchase, gift, devise, lease, exchange, condemnation, or installment purchase agreement, pursuant to the adoption of an Ordinance; and
WHEREAS, pursuant to the New Jersey “Local Lands and Buildings Law,” N.J.S.A. 40A: 12-13(b)(4), the City has negotiated an Easement Agreement with CenterPoint, outlining the terms of the easement on a portion of the Property as described on the Metes and Bounds Description set forth in Exhibit “A”, and the Map entitled “PERMANENT DRAINAGE EASEMENT PORTIONS OF BLOCK 5050.01, LOT15” set forth in Exhibit “B” for the value of Ten Dollars and Zero Cents ($10.00) to carry out the Project (the “Agreement”).
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
SECTION 1. Pursuant to the New Jersey “Local Lands and Buildings Law,” N.J.S.A. 40A: 12-13(b)(4) the City is hereby authorized to acquire a permanent easement from CenterPoint Rutherford, LLC, for temporary construction and permanent access upon and across a portion of property located at 49 Rutherford Street and designated as Block 5050.01, Lot 15 and Block 5056, Lots 26 and 89, as described on the Metes and Bounds Description set forth in Exhibit “A”, and the Map entitled “PERMANENT DRAINAGE EASEMENT PORTIONS OF BLOCK 5050.01, LOT15” set forth in Exhibit “B” (the “Property”) for the value of Ten Dollars and Zero Cents ($10.00) in order to carry out the Project.
SECTION 2. The Director of the Department of Engineering is hereby authorized to enter into and execute an Easement Agreement, in the form attached hereto, granting a Permanent Non-Exclusive Easement on, over, under, upon, across and through the Property, any and all other documents which may be necessary, in order to effectuate the Permanent Easement upon and across the 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.
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, pursuant to the New Jersey “Local Lands and Buildings Law,” N.J.S.A. 40A: 12-13(b)(4) to acquire a permanent easement from CenterPoint Rutherford, LLC, for the sum of $10.00 for the temporary construction and permanent access upon and across a portion of property located at 49 Rutherford Street and designated as Block 5050.01, Lot 15 and Block 5056, Lots 26 and 89, as depicted in a Map entitled “PERMANENT DRAINAGE EASEMENT PORTIONS OF BLOCK 5050.01, LOT15” to construct, reconstruct, use, grade, clean, repair, replace, inspect, operate and otherwise maintain in an unobstructed condition a system of storm drainage pipe lines.