File #: 22-1418    Version: 1 Name: Ordinance: Gate 1 Foundation Easement Agreement, Map and Plan - Passaic Valley Sewerage Commission
Type: Ordinance Status: Adopted
File created: 9/30/2022 In control: Engineering
On agenda: 11/2/2022 Final action: 12/7/2022
Title: AN ORDINANCE APPROVING THE CONVEYANCE OF A PERMANENT EASEMENT OVER CITY-HELD PUBLIC RIGHT-OF-WAY AS INDICATED ON THE GATE 1 FOUNDATION EASEMENT AGREEMENT AND MAP ENTITLED "GATE 1 FOUNDATION EASEMENT PLAN" TO PASSAIC VALLEY SEWERAGE COMMISSION, PURSUANT TO N.J.S.A. 40A:12-13(b)(4), FOR THE SUM OF $10.00, ON AVENUE P IN NEWARK, NEW JERSEY.
Sponsors: Council of the Whole
Title
AN ORDINANCE APPROVING THE CONVEYANCE OF A PERMANENT EASEMENT OVER CITY-HELD PUBLIC RIGHT-OF-WAY AS INDICATED ON THE GATE 1 FOUNDATION EASEMENT AGREEMENT AND MAP ENTITLED "GATE 1 FOUNDATION EASEMENT PLAN" TO PASSAIC VALLEY SEWERAGE COMMISSION, PURSUANT TO N.J.S.A. 40A:12-13(b)(4), FOR THE SUM OF $10.00, ON AVENUE P IN NEWARK, NEW JERSEY.

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WHEREAS, the City of Newark (the "City") is the owner of public rights located on Avenue P described on Exhibit A, "Description of a Proposed Permanent Foundation Easement, City of Newark, Essex County, New Jersey" (the "Property"); and

WHEREAS, the Passaic Valley Sewerage Commission (the "PVSC") seeks to acquire an easement on a portion of the Property for the construction of changes to Gate 1 servicing PVSC property along Avenue P; and

WHEREAS, the City has negotiated the Gate 1 Foundation Easement Agreement (the "Agreement") with PVSC, outlining the terms of purchase of the Property; and

WHEREAS, the Agreement provides for a Permanent Easement on the Property, as described on the Metes and Bounds Description, Exhibit A, known as "Description of a Proposed Permanent Foundation Easement, City of Newark, Essex County, New Jersey", and the Map entitled "Gate 1 Foundation Easement Plan"; and

WHEREAS, the City has determined that the Easement Portion of Avenue P Right-of-Way is no longer needed for public use; and

WHEREAS, pursuant to Local Lands and Buildings Law, N.J.S.A. 40A:12-13(b)(4), the City is authorized to convey property that is not needed for municipal purposes without public bidding; and

WHEREAS, PVSC desires to acquire the easement on the Property from the City for planned construction and as such is being acquired by PVSC in accordance with the value of Ten Dollar and Zero Cents ($10.00), pursuant to N.J.S.A. 40A:12-13(b)(4).

NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:

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