Title
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...
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