Hoboken
NJ

CC - Ordinance

Ordinance of the City of Hoboken, N.J. Authorizing the Acquisition by Purchase or Condemnation of the Real Property Located at 901 Sinatra Drive, Also Known as Block 259, Lot 1, Hoboken, New Jersey Now Owned by Port Imperial Marine Facilities, LLC

Information

Department:AdministrationSponsors:
Category:Agreement

Attachments

  1. Printout

Body

 

WHEREAS, in accordance with statutory law, including, but not limited to, N.J.S.A. 40:61-1, as well as case law, the City may, acquire, lay out, improve, embellish and maintain, lands by gift, purchase, devise, or condemnation, any lands suitable for  public parks, squares, open spaces, playgrounds, beaches, water fronts and places for public resort and recreation; and,

 

WHEREAS, in accordance with N.J.S.A. 40A:12-5(a)(1) “any municipality, by ordinance, may provide for the acquisition of any real property, capital improvement, or personal property: (1) by purchase, gift, devise, lease, exchange, or condemnation;” and,             

             

              WHEREAS, the stated vision set forth in the City of Hoboken Master Plan adopted in April 2004 (“Master Plan”), was that “the entire waterfront [would] be connected by a pedestrian walkway and lined with parks and piers, offering plenty of opportunities for both active and passive recreation,” and that ultimately “[t]he waterfront will be finished, with one continuous park”; and,

 

              WHEREAS, further, in the Master Plan’s land use recommendations, it is suggested that “[t]he zoning regulations covering the City’s piers in the Hudson River should permit only open space, publicly accessible recreation, and limited commercial development within strict parameters on them”; and,

 

              WHEREAS, in June 2018, the City adopted the 2018 Master Plan Reexamination Report (the “Reexamination Report”) which notes that “Of the approximately 2 miles of [waterfront] walkway featured within Hoboken, an estimated 90 percent has been completed to-date. The only uncompleted segments are the area running along the former Union Dry Dock property, located south of the intersection between Sinatra Drive and Sinatra Drive North, and a parcel in the Shipyard development along Frank Sinatra Drive at Shipyard Lane/Fifteenth Street. Hoboken is actively working to acquire the former Union Dry Dock property for park and open space purposes”; and,

 

              WHEREAS, the Reexamination Report, in its “Vision and Recommendations”, suggested that the City “Complete the waterfront walkway and park as one continuous park. Connect the only remaining ‘missing links’ along the City’s waterfront which include the former Union Dry Dock site”; and,

 

              WHEREAS, the City has identified that property, which is located at 901 Sinatra Drive, also known as Block 259, Lot 1 on the tax maps of the City of Hoboken, and owned by Port Imperial Marine Facilities, LLC (the “Property”), as to be acquired for use as public open space and recreation to implement  the visions and recommendations in the Master Plan and pursuant to the authority set forth in N.J.S.A. 40:61-1; and,

 

              WHEREAS, an appraiser retained by the City, Paul Beisser, MAI, CRE, of Integra Realty Resources, determined the fair market value of the Property to be $ 13,105,000.00 as more fully set forth in the Appraisal entitled “Appraisal of Real Property, Former Union Dry Dock Facility, 901 Frank Sinatra Drive, Block 259, Lot 1, Hoboken, Hudson County, New Jersey 07030” dated July 1, 2019, which is on file at the Office of the Hoboken City Clerk and is available for public inspection; and,

 

              WHEREAS, the City Council wishes to authorize the Mayor and/or his designee to negotiate for the acquisition of the Property in an amount not to exceed the appraised value for the Property.

 

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

 

Section 1.   The Appraisal prepared by Paul Beisser, MAI, CRE of Integra Realty Resources entitled “Appraisal of Real Property, Former Union Dry Dock Facility, 901 Frank Sinatra Drive, Block 259, Lot 1, Hoboken, Hudson County, New Jersey 07030” dated July 1, 2019, estimating the fair market value of the Property to be $13,105,000.00 is hereby accepted.

Section 2.   As of the effective date of this Ordinance, the City shall reserve the sum of $13,105,000.00 from the proceeds of bonds or notes authorized by Ordinance 11-891 of the City Council of Hoboken, which was adopted on March 16, 2011, and the Business Administrator has confirmed the availability of funds for the purposes set forth herein.

Section 3.   The Mayor and/or his designee, the Business Administrator, Corporation Counsel and/or Special Counsel (the “Authorized Persons”) are hereby authorized and directed to take, or cause to be taken, any and all actions necessary or appropriate to initiate and complete the acquisition of the Property, including, but not limited to, obtaining any studies, surveys, test, soundings, borings, appraisals, title searches and title reports, as reasonably necessary or appropriate to determine the value, boundary, ownership, interests, or environmental condition of the Property.

Section 4.   The Authorized Persons are hereby authorized to negotiate for the acquisition by voluntary purchase of 901 Sinatra Drive, Hoboken, NJ, commonly known as Block 259, Lot 1 (the “Property”) in the amount not to exceed $13,105,000.00, the appraised value of the Property,  without further authorization by the City Council, which authorization may be occasioned by information that may be obtained during good faith negotiations to acquire the Property through a voluntary transaction, which further authorization shall be subject to the availability of funds for such purpose.

Section 5.   Subject to the provisions set forth above, the Authorized Persons are hereby authorized to execute any and all agreements and other legal documents necessary and appropriate to accomplish the acquisition of the Property, including but not limited to a written offer for the purchase of the aforementioned property, land purchase contracts, and any other documents necessary to effectuate the acquisition.

Section 6.   If a negotiated purchase cannot be effectuated, the Authorized Persons are authorized and directed to take such actions as are appropriate to their roles in order to undertake   eminent domain actions to acquire title to the Property under the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 et seq., including the filing and execution of Verified Complaints, Declarations of Taking, and any other necessary documents for eminent domain proceedings for the Property in accordance with the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 et seq.  so long as all legal prerequisites for eminent domain are satisfied and to thereafter prosecute such eminent domain actions to completion and also to arrange for the City to satisfy any judgments entered in such eminent domain proceedings.

Section 7.   Any taxes, judgments, liens, mortgages, remediation costs  or other valid encumbrances on title to the Property shall be deducted from the payment otherwise due to the  owner of the Property. 

Section 8.   In conjunction with said acquisition, the City hereby reserves and shall reserve any and all rights it had or may have to recover in any subsequent or pending action or by any administrative means, all costs of remediation and/or clean-up of contamination and/or removal of solid and/or hazardous waste that have been incurred or may be incurred in the future by reason of conditions which were in existence as of or prior to the date of vesting of title and possession of the Property in the name of the City.

Section 9.   In conjunction with said acquisition, the City hereby reserves and shall reserve the right to seek in its sole discretion, any and all available legal, administrative and equitable remedies to compel the record owners and/or responsible parties to remediate and/or clean up the Property in accordance with applicable state and federal statutory and regulatory provisions or to remove and/or remediate contamination and solid and/or hazardous waste.

Section 10.                        The Authorized Persons and such other officials, consultants, agents, employees and professionals of the City as may be necessary and appropriate are hereby authorized and directed to take any and all actions necessary to effectuate the purposes of this Ordinance.

Section 11.                        A copy of the Ordinance, the Appraisal, and any agreements authorized herein shall be placed on file with the City Clerk’s Office.

Section 12.                        If any section, paragraph, subsection, clause or provision of this Ordinance shall be adjudged by a court of competent jurisdiction to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause or provisions so adjudicated, and the remainder of the Ordinance shall be deemed valid and effective.

Section 13.                        This Ordinance shall take effect in accordance with the laws of the State of New Jersey after final passage, approval, and publication.

 

             

 

 

 

 

 

                                                                      STATEMENT

 

This Ordinance authorizes the acquisition by purchase or condemnation of 901 Sinatra Drive, Hoboken, New Jersey, commonly known as Block 259, Lot 1, on the Official Tax Map and Tax Duplicates of the City (the “Property”) in an amount not to exceed $13,105,000.00 without further authorization of the City Council.

 

Meeting History

Aug 7, 2019 7:00 PM Video City Council Regular Meeting
draft Draft
RESULT:1ST READING [UNANIMOUS]Next: 9/4/2019 7:00 PM
MOVER:Jennifer Giattino, Council President
SECONDER:Tiffanie Fisher, 2nd Ward Council Member
AYES:Peter Cunningham, Mike DeFusco, James Doyle, Vanessa Falco, Tiffanie Fisher, Emily Jabbour, Ruben Ramos, Jennifer Giattino
ABSENT:Michael Russo
Sep 4, 2019 7:00 PM Video City Council Regular Meeting
draft Draft
RESULT:ADOPTED [UNANIMOUS]
AYES:Peter Cunningham, Mike DeFusco, James Doyle, Vanessa Falco, Tiffanie Fisher, Emily Jabbour, Ruben Ramos, Michael Russo, Jennifer Giattino