File #: 17-1491    Version: Name: Ordinance Authorizing Purchase/Sale of Easement
Type: Ordinance Status: Adopted
File created: 8/9/2017 In control: Economic and Housing Development
On agenda: 10/4/2017 Final action: 11/1/2017
Title: ORDINANCE OF THE CITY OF NEWARK, NEW JERSEY AUTHORIZING THE ACQUISITION BY PURCHASE OR CONDEMNATION OF AN EASEMENT ON A PORTION OF THE REAL PROPERTY LOCATED AT 68-74 COMMERCIAL STREET, 76-82 COMMERCIAL STREET, AND 943-965 RAYMOND BOULEVARD (REAR), BLOCK 169.01, LOTS 71 AND 75 AND BLOCK 170, LOT 15, EAST WARD, NEWARK, NEW JERSEY NOW OWNED BY HARTZ RB H LIMITED PARTNERSHIP.
Sponsors: Augusto Amador, John Sharpe James
TITLE
ORDINANCE OF THE CITY OF NEWARK, NEW JERSEY AUTHORIZING THE ACQUISITION BY PURCHASE OR CONDEMNATION OF AN EASEMENT ON A PORTION OF THE REAL PROPERTY LOCATED AT 68-74 COMMERCIAL STREET, 76-82 COMMERCIAL STREET, AND 943-965 RAYMOND BOULEVARD (REAR), BLOCK 169.01, LOTS 71 AND 75 AND BLOCK 170, LOT 15, EAST WARD, NEWARK, NEW JERSEY NOW OWNED BY HARTZ RB H LIMITED PARTNERSHIP.

BODY

WHEREAS, in accordance with N.J.S.A. 40:61-1, the City may, acquire, lay out, improve, embellish and maintain, lands by gift, purchase, devise, or condemnation, any lands suitable for public parks, squares, open spaces, playgrounds, beaches, water fronts and places for public resort and recreation; and

WHEREAS, in accordance with N.J.S.A. 40A:12-5(a)(1) "any municipality, by ordinance, may provide for the acquisition of any real property, capital improvement, or personal property: (1) by purchase, gift, devise, lease, exchange, or condemnation"; and

WHEREAS, in accordance with N.J.S.A. 40A:12-20, the City may, "acquire, sell, lease or exchange, pursuant to this act, any real property, capital improvement or personal property in trust for, on behalf of, or as agent for, any other political subdivision or body corporate and politic of this State or the United States of America, or any department or agency thereof," upon such terms and conditions as the Governing Body of the municipality by ordinance, may adopt; and

WHEREAS, in accordance with N.J.S.A. 40:68-1, the City may acquire, by purchase or condemnation, any waterfront lands necessary or advisable for the construction of waterfront improvements, including shore and hurricane protection; and

WHEREAS, the construction of the Joseph G. Minish Passaic River Waterfront Park Flood Control Project (the "Project") in the City of Newark was authorized by the United States Congress in Section 101(a)(18) of the Water Resources Development Act of 1990; and

WHEREAS, in April 1999, the United States Department of Ar...

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