Resolution of the City of Jersey City, N.J.

City Clerk File No. Res. 09-886Agenda No.10.0Approved: OCT 282009TITLE:RESOLUTION AUTHORIZING A RIGHT OF ENTRY AGREEMENT WITH NEW JERSEYDEPARTMENT OF TRANSPORTATIONCOUNCILFOLLOWING RESOLUTION:OFFERED AND MOVED ADOPTION OF THEWHEREAS, the City of Jersey City is the owner of a narow strp of land, approximately 2.14 acres, in theTownship of Keary, New Jersey, which it uses for its 36" auxiliary water pipe, more specificaIly known asBlock 287, Lot 65 (Propert);. andWHEREAS, the New Jersey Deparment of Transporttion intends to acquire the Propert from the City fora roadway improvement project in the Wiltenn BridgelRoute 7 area; andWHEREAS, the New Jersey Department of Transportation, upon purchase, wiIl provide the City with aneasement to allow its continued use of the Propert for its 36" auxiliary water pipe; andWHEREAS, the New Jersey Deparent of Transporttion has provided the City with an appraisal in theamount of $180,000.00, which purport to equal the value of the Propert minus the value of said easement;andWHEREAS, the City of Jersey City wil have its own appraisal done prior to any negotiations taking place;andWHEREAS, while good faith negotiations are taking place, the New Jersey Deparment ofrequested permission from the City to enter onto the Propert for the purpose ofaforesaid roadway improvements; andTransportation hasbeginning work related to theWHEREAS, the City's water engineers wil review and approve any proposed work before such workcommences; andWHREAS, it is in the best interests of the City of Jersey City to permt the New Jersey Deparment ofTransporttion interim access to the Propert subjectAgreement attched hereto.to the terms and conditions set forth in the Right of EntrNOW THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of Jersey City that theMayor or Business Admnistrator be authoried to:i. Execute a Right of Entr Agreement granting permission to the New Jersey Deparent ofTransporttion to enter onto the Propert owned by the City of Jersey City for a period not to exceedsix (6) months.2. The agreement shall be in substantially the form attched, subject to such modification or additionalterm and conditions as the Business Admnistrator and Corporation Counsel deem necessar andappropriate.3. Take such other actions as may be necessar to effectuate the purposes of the agreement., APPROVED AS TO LEGAL;;FORM- -= ?Corporation Counsel,!L..09123Certification Required 0Not Required o itßPROVED , 9-0JlO128/09RECORD OF COUNCIL VOTE ON FINAL PASSAGECOUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.Y.SOnOLANO / GAUGHAN,/ BRENNAN IDONNElLYI FULOP I FLOODILOPEZ .¡ RICHARDSON ,/ VEGA ,/,l Indicates VoteAdOV øøng ¡q Mu I Council of the City of Jersey City, N.J.N.V.-Not Voting (Abstain)Peter M. Brennan~resident of Council