1st Reading - Jersey City

Cit Clerk File No.Agenda No.Agenda No.Ord. 11-0053.E 1st Reading2nd Reading & Final PassageORDINANCEOFN.J.JERSEY CITY,COUNCIL AS A WHOLEoffered and moved adoption of theföllowing ordinance: "TITLE:'CITYORDINANCE 11-005ORDINANCE AUTHORIZING 1) THESALE OF CERTAIN UNIMPROVED PROPERTYKNOWNASBLOCK1600, LOT F, BLOCKI627, LOTS 7AND 8, AND BLOCK 1623, LOTS;I, TOJC BROADWAY,LLC; AND 2)AN AMENDMENT TO THE GRANTAGREEMENT WITH THE PORT AUTHORIY ÙFNEW YORKW JERSEY TO FUNDTHE PJP/SIEGEL ACQUISITION'THE MUNICIPAL COUNCIL OF THE CITY OF JERSEY CITY DOES ORDAIN:WHEREAS, pursuant to Resolution 09-290, the City executed a Memorandum of Agreement(MOA) with the Port Authority of New York & New Jersey (Port Authority), or. April 24, 2009; andWHEREAS, pursuant to the MOA, the City rèceived a $4,000,000 grant from the Port Authorityto acquire certain propert located along Routes 1& 9, including Block 1600, Lot F, Block 1627,Lots 7& 8, andBlock 1623, Lot S.I, more commonly known as the PJP Siegal Landfill; andWHEREAS, pursuant to the MOA, the City must notify the Port Authority and receive its writtenconsent in order to use the propert.for any use other than open space; andWHEREAS, JC Broadway, LLC (ICB) owns certain real property contiguousto Block 1600, LotF, Block 1627, Lots 7 & 8, and Block i 623, Lot S.l which it uses for the operation of a warehousingbusiness; andWHEREAS, JCB needs an ingress/access easement across 10,000 square feet of Block 1600, LotF, Block 1627, Lots 7 & 8, and Block 1623, Lot S.1 (Easement Propert) in order to maintain itsbusiness, which Easement Propert is depicted on the map attached hereto as Exhibit A; andWHEREAS, pursuant to NJSA 40A:12-l3(a)(5), the Local Lands and Buildings Law, the City isauthorized to sell its propert to an owner of the real propert contiguous tothe City owned propert;provided that the propert being sold is less than the minimum size required for development underthe muncipal zoning ordinance and is without ¡my capital improvement thereon; andWHEREAs, any such sale cannot be for less than fair market value ofthe property; andWHEREAS, the City owned Easement Propert is less than the minimum size required fordevelopment under the munici pal zoning ordinance and is without any capital improvement thereon,within the meaning of NJSA. 40A:12-13(a)(5); andWHEREAS, the City is wiling to convey the Easement Property to J CB upon payment of the sumof$120,OOO, an amount that exceeds its fair màrket value, based upon the appraisal report on tile inthe Offce of the City Clerk, subject to certain terms and conditions; and