Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Leasing property in City of Newark
Purpose: Deed of Easement for Permanent Stormwater Easement and Temporary Access and Construction Easement
Entity Name: International Way, L.L.C., c/o Hartz Mountain Industries, Inc.
Entity Address: 400 Plaza Drive, P.O. Box 1515, Secaucus, New Jersey 07906-1515
Lease Amount: $0.00
Lease Period: Permanent
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( X ) n/a
Property Location:
(Acre(s)/Block/Lot/City/State)
Block 5088, Lots 126.01,138, 169,182
Additional Information:
No municipal funds are required or will be spent under this Agreement.
body
WHEREAS, International Way, L.L.C. c/o Hartz Mountain Industries, Inc., 400 Plaza Drive, P.O. Box 1515, Secaucus, New Jersey 07906-1515, owns and has title to the real property lying and being situated in the City of Newark, Essex County, New Jersey, designated as Block 5088, Lots 126.01, 138, 169 and 182 (“Hartz Mountain Property.); and
WHEREAS, the City of Newark, Department of Water and Sewer Utilities (“City ”) intends to make improvement to that certain ditch in the vicinity of the Hartz Mountain Property, known as Queen Ditch, for the purpose of causing Queen Ditch to accommodate Stormwater flow from lands within the Queen Ditch Drainage Area and ultimately conveying it to Newark Bay; and
WHEREAS, a portion of Queen Ditch that will be improved falls on the Hartz Mountain Property; and
WHEREAS, the City has filed an application with the New Jersey Department of Environmental Protection for a Freshwater Wetlands Letter of Interpretation and Individual Permit and Flood Hazard Area Verification and Individual Permit, which application was signed by International Way, L.L.C. c/o Hartz Mountain Industries, Inc. as the owner of the affected property; and
WHEREAS, the City desires: (1) a permanent easement across the Hartz Mountain Property to make improvements to Queen Ditch so that it can accommodate Stormwater flow from lands owned and/or operated by the City , and; (2) a temporary access and construction easement on the Hartz Mountain Property to allow the City to access the Hartz Mountain Property for the purpose of making certain improvements to Queen Ditch and to stage materials during construction of such improvements; and
WHEREAS, the Parties desire to provide for the confirmation and establishment of (1) a permanent Stormwater easement across the Hartz Mountain Property for the benefit of the City , in the area depicted on Exhibit A hereto and described by metes and bounds set forth in Exhibit A hereto and ranging from thirty (30’) to sixty-five feet (65’) in width (the “Stormwater Easement Area”), (2) a temporary construction easement in two separate sections on the Hartz Mountain Property, depicted on Exhibit A hereto and labelled thereon as 10’ Wide Temporary Easement and 20’ Wide Temporary Easement and described by metes and bounds set forth in Exhibit A hereto (the “Temporary Construction Easement Area”), and (3) a temporary, non-exclusive easement for storage and staging of materials and equipment, located on the southern side of the Hartz Mountain Property, depicted on Exhibit B hereto (the “Temporary Staging Area”) (collectively, the “Easement Areas”), all subject to the terms and conditions set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor, and/or his designee, the Director of the Department of Water and Sewer Utilities, are hereby authorized on behalf of the City of Newark to enter into a Deed of Easement for Permanent Stormwater Easement and Temporary Access and Construction Easement located on Block 5088, Lots 126.01,138, 169,182.
2. A fully executed copy of this Agreement shall be filed in the Office of the City Clerk by the Director of Water and Sewer Utilities.
3. No changes shall be made to the terms and conditions of this Agreement without prior Municipal Council approval.
4. No municipal funds are required or will be spent under this Agreement or for this Project.
STATEMENT
This resolution authorizes the Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities, to enter into a permanent Easement for Permanent Stormwater and Temporary Access and Construction Easement on improvements to Queen Ditch located on Block 5088, Lots 126.01,138, 169,182. No municipal funds are required or will be spent under this Agreement.