Title
AN ORDINANCE AUTHORIZING, PURSUANT TO THE NEW JERSEY "LOCAL LANDS AND BUILDINGS LAW," N.J.S.A. 40A: 12-4, THE CITY OF NEWARK TO ACQUIRE A PERMANENT EASEMENT FROM GRANTOR, AS DEFINED IN THIS ORDINANCE, ON, ACROSS, AND UNDER THAT PORTION OF GRANTOR'S PROPERTY WHERE THE PERMANENT EASEMENT AREAS ARE LOCATED IN ACCORDANCE WITH THE TERMS OF THE PERMANENT EASEMENT AGREEMENT, ATTACHED HERETO AS EXHIBIT A AND MADE A PART OF THIS ORDINANCE, IN ORDER FOR THE CITY OF NEWARK'S DEPARTMENT OF WATER AND SEWER UTILITIES TO CLEAN, REPAIR, REPLACE, INSPECT, OPERATE, AND OTHERWISE MAINTAIN IN AN UNOBSTRUCTED CONDITION A SYSTEM OF WATER, STORMWATER AND SANITARY SEWER DRAINAGE PIPE LINES.
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WHEREAS, N.J.S.A. 40A:12-4 authorizes a municipality to acquire easements; and
WHEREAS, N.J.S.A. 40A:12-5 requires that the acquisition of easements by municipalities be accomplished by ordinance; and
WHEREAS, the City of Newark, a municipal corporation of the State of New Jersey, 900 Mayor Kenneth A. Gibson Boulevard, Newark, New Jersey 07102 (the "Grantee") wishes to enter into a Permanent Access and Utility Easement and Dedication of Public Utility Agreement (the "Permanent Easement Agreement") with NJPAC TSD 1 LLC, a limited liability company of the state of New Jersey, One Center Street, Newark, New Jersey 07102 ("NJPAC TSD"), as successor in interest to New Jersey Performing Arts Center Corporation, a corporation of the state of New Jersey, One Center Street, Newark, New Jersey 07102 (hereinafter, "NJPAC"); NJPAC; Center Street Condominium Association, Inc., a New Jersey not-for-profit corporation, One Center Street, Newark, New Jersey 07102 ("Land Condo Association"), and Center Street Owners Urban Renewal LLC, a New Jersey limited liability company, having an address of One Center Street, Newark, New Jersey 07102, ("CSOUR", and together with all above parties (individually and collectively "Grantor" and jointly referred to as "Grantors"), Grant...
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