File #: 15-1446    Version: 1 Name: Ordinance vacates a portion of the Reservation Area in the formerly vacated right of way for South Sixth Street
Type: Ordinance Status: Filed
File created: 7/21/2015 In control: Engineering
On agenda: 9/16/2015 Final action: 10/21/2015
Title: AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF THE RESERVATION IN THE AREA OF THE PREVIOUSLY VACATED SOUTH SIXTH STREET RIGHT OF WAY IN A PORTION OF BLOCK 1830 Sponsors: McCallum/Osborne
Sponsors: Joseph A. McCallum, Jr., Eddie Osborne
Title
AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF THE RESERVATION IN THE AREA OF THE PREVIOUSLY VACATED SOUTH SIXTH STREET RIGHT OF WAY IN A PORTION OF BLOCK 1830
Sponsors: McCallum/Osborne

Body
WHEREAS, by Ordinance adopted on December 21, 1966, the City vacated the right of way for South Sixth Street between Eleventh Avenue and the intersection of Central Avenue and West Market Street; and

WHEREAS, said Ordinance was recorded in the Essex County Register's Office on January 3, 1967, in Book 3 of Street Vacations at Page 213; and

WHEREAS, said Ordinance reserved the right of the City in an area measuring ten feet (10') wide in the vacated right of way for South Sixth Street for the purpose of installing and maintaining sewer and/or water lines until the then existing sewer line is abandoned, and also prohibits the placing of any building or structure in the reservation area that would interfere with the City's access to the ten foot (10') wide reservation area ("Reservation" or "Reservation Area"); and

WHEREAS, Public Service Electric and Gas Company ("PSE&G") is the owner of property known as Block 1830, Lot 1, commonly known as 478-492 Central Avenue and Block 1830, Lot 10, commonly known as 17-53 Eleventh Avenue which are subject to and burdened by said Reservation; and

WHEREAS, on February 27, 2014, PSE&G filed an appeal petition entitled "In the Matter of the Petition of Public Service Electric and Gas Company Pursuant to N.J.S.A. 40:55D-19 from a Decision of the City of Newark Zoning Board of Adjustment Denying an Application for Preliminary and Final Site Plan Approval and Variances Necessary for the Construction of A 230/26/13kV Switching Station ("McCarter Switching Station")", with the New Jersey Board of Public Utilities to appeal the Zoning Board's denial of the Application to which the City and others became parties ("BPU Litigation"); and

WHEREAS, the BPU Litigation was resolv...

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