Asbury Park
NJ

Ordinance
2017-13

Authorizing The City Of Asbury Park To Convey An Easement Over Certain Portions Of The Right Of Way Area (Air Space) Adjacent To The Property Located At 1107, 1105 And 1101 Main Street (Block 2804, Lot 5.01 F/K/A Block 2804, Lots 5, 6 & 7, Respectively)

Information

Department:City ManagerSponsors:
Category:General Ordinances

Attachments

  1. Printout
  2. Dollar tree easment

Body

WHEREAS, on January 23, 2017, the Asbury Park Planning Board adopted a Resolution memorializing the approval of an application for Preliminary and Final Site Plan, Variances and Design Waivers relating to certain proposed development (also referenced as the “project”) at the properties located at 1107, 1105 & 1101 Main Street (more commonly known and formerly designated as Block 2804, Lots 5, 6 & 7, respectively) and 800 Fourth Avenue (more commonly known and designated as Block 2804, Lot 2); and

 

WHEREAS, Block 2804, Lots 5, 6 & 7 (collectively, the “properties”) are proposed to be consolidated into one new tax lot which shall be known and designated as Block 2804, Lot 5.01; and

 

WHEREAS, the properties are located in the Main Street Redevelopment Area; and

 

WHEREAS, the façade improvements proposed by the applicant include the installation of certain awnings/canopies as part of the façade of the building which shall front on both Third Avenue and Main Street, and which constitute decorative architectural elements/features; and

 

WHEREAS, the proposed awnings/canopies shall encroach into the air space of the public Right-of-Way (“ROW”) areas located along both Third Avenue and Main Street in certain limited respects; and

 

WHEREAS, the Planning Board conditioned approval of the project on, among other things, the applicant receiving approval from the Mayor and Council of the City of Asbury Park (the “City”) for any encroachment into public ROW areas; and

 

WHEREAS, the sites of the proposed encroachments are more specifically described in two (2) separate metes and bounds descriptions, prepared by Peter P. Bennett, PLS, each dated March 3, 2017; and

 

WHEREAS, the first proposed encroachment, which is described in the legal description attached hereto as Exhibit “A,” contains a total of 188.42 square feet; and

 

WHEREAS, the second proposed encroachment, which is described in the legal description attached hereto as Exhibit “B,” contains a total of 227 square feet; and

 

WHEREAS, the Mayor and Council have previously determined to consider requests for encroachment into the public ROW areas on a case-by-case basis; and

 

WHEREAS, with respect to the within application, the Mayor and Council have determined the following:

 

(1)              The within proposed encroachments into the public ROW shall not interfere with the ability of the public to utilize the sidewalks or other public areas that are adjacent to the proposed development; and

 

(2)              The within proposed awnings/canopies will provide architectural interest/detail to the proposed development and will complement the overall project; and

 

(3)              The architectural design of the within proposed awnings/canopies has already been reviewed and approved by City officials; and

 

(4)              The combined area of the proposed encroachments is less than the minimum size required for development under the applicable municipal development regulations and is without any capital improvement(s) thereon; and

 

WHEREAS, as a result, the Mayor and Council have determined to grant approval for the within air space encroachments, for nominal consideration; and

 

WHEREAS, the purpose of this Ordinance is to confirm said approval and to grant the necessary easements, in accordance with the New Jersey Local Lands and Buildings Law, N.J.S.A. 40A:12-1, et seq., and the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12-1, et seq; and

 

WHEREAS, the Mayor and City Council do not wish for the granting of this easement to serve as a precedent for further encroachments into the City’s ROW areas elsewhere in the City, but rather declare that any and all such requests must be carefully reviewed by the Governing Body and considered strictly on a case-by-case basis, and that any such requests shall be granted only where substantial reasons are shown to justify and warrant the granting of the easement.

 

NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Council of the City of Asbury Park in the County of Monmouth and State of New Jersey, as follows:

 

1.              That, pursuant to the New Jersey Local Lands and Buildings Law, N.J.S.A.  40A:12-1, et seq., and specifically N.J.S.A. 40A:12-13(b)(5), as well as the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq., and specifically N.J.S.A. 40A:12A-8(g), the City of Asbury Park hereby authorizes the conveyance of easement(s), for nominal consideration, over certain portions of the public ROW (air space) adjacent to the property located at Block 2804, Lot 5.01 f/k/a Block 2804, Lots 5, 6 & 7, as more particularly described in the legal descriptions attached hereto as Exhibits “A” and “B,” which were prepared by Peter P. Bennett, PLS, and which are dated March 3, 2017, in order to allow for the installation of certain awnings/canopies as part of the façade of the building, which awnings/canopies shall front on both Third Avenue and Main Street.

 

2.              That the Mayor is authorized to execute and the Municipal Clerk to attest any and all documents that are necessary in order to effectuate the granting of these easement(s), which documents shall be in a form satisfactory to the City Attorney.

 

3.              That, following proper execution and notarization of the necessary easement documents, the same shall be recorded with the Monmouth County Clerk’s Office.

 

4.              That this Ordinance shall become effective twenty (20) days following its final passage, in accordance with N.J.S.A. 40:69A-181(b).

 

5.              That the provisions of this Ordinance shall be severable.  In the event that any portion of this Ordinance is found to be invalid for any reason by any Court of competent jurisdiction such judgment shall be limited in its effect only to the portion of the Ordinance actually adjudged invalid and shall not be deemed to affect the operation of any other portion thereof, which shall remain in full force and effect.

 

6.              That all other Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistencies.

 

Meeting History

Mar 22, 2017 7:00 PM  Municipal Council Regular Meeting

Public hearing for this Ordinance is scheduled for April 12, 2017.

RESULT:INTRODUCED [UNANIMOUS]Next: 4/12/2017 7:00 PM
MOVER:Yvonne Clayton, Councilmember
SECONDER:John Moor, Mayor
AYES:Eileen Chapman, Yvonne Clayton, Jesse Kendle, Amy Quinn, John Moor
Apr 12, 2017 7:00 PM  Municipal Council Regular Meeting

Motion made by Council Member Kendle and seconded by Deputy Mayor Quinnto open Ordinance 2017-13 to th public. All were in favor.

No one from the public spoke.

Motion made by Mayor Moor and seconded by Council Member Kendle to close Ordinance 2017-13 to th public. All were in favor.

RESULT:ADOPTED [UNANIMOUS]
MOVER:Jesse Kendle, Councilmember
SECONDER:John Moor, Mayor
AYES:Jesse Kendle, Amy Quinn, John Moor
ABSENT:Eileen Chapman, Yvonne Clayton