Town of Kearny
New Jersey


Resolution Authorizing USA Environment, LP as Agent for Glenn Springs Holdings Inc. to Encroach upon the Town Right-of-Way at 286 Central Avenue, Block 292, Lot 4, for the Purpose of Performing Asphalt Capping Activities to the Current Curb of 3rd Street.


Department:Town ClerkSponsors:Council Member Carol Jean Doyle


              WHEREAS, USA Environment, LP as agent for Glenn Springs Holdings Inc. has requested permission of the Mayor and Council to encroach upon the right-of-way at 286 Central Avenue, Block 292, Lot 4, for the purpose of performing asphalt capping activities from north of fence-line to the current curb of 3rd Street; and


              WHEREAS, the Town Engineer has advised that there is no engineering reason why permission could not be granted with the usual restrictions.


              NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Kearny, in the County of Hudson, that:


1.              A right and license be and is hereby granted to the said USA Environment, LP as agent for Glenn Springs Holdings Inc. to encroach upon the right-of-way at 286 Central Avenue Block 292, Lot 4, for the purpose of installing an asphalt cap to the curb at 3rd Street in accordance with the letter from USA Environmental, LP (“USAE”) received by the Town on February 18, 2018, as attached as Exhibit A subject to the following conditions:


a)              The said right and license shall be revocable at any time by resolution of the governing body of the Town of Kearny; and


b)              USAE as agent for Glenn Springs Holding Inc. shall comply with all other applicable laws, ordinances and regulations of the State and the Town of Kearny in connection therewith.


2.              The Mayor and Town Clerk be and are hereby authorized to take any and all actions necessary to complete and realize the intent and purpose of this Resolution, and to execute a site access agreement substantially in the form attached hereto, which agreement includes agreement of USAE for itself and as agent for Glenn Springs Holdings, Inc. to indemnify and hold the Town of Kearny harmless against liability for any and all claims for damage to property or injury to persons arising out of or resulting from issuance of said license and the activities of USAE at the property.


3.              To the extent required, any road opening permit for activities in Central Avenue or 3rd Street at Block 292, Lot 4 is hereby granted subject to compliance with all applicable Town Ordinances and the requirements of the Town Engineer.


4.              This Resolution shall take effect immediately.

Meeting History

Mar 27, 2018 7:00 PM  Council Caucus / Regular Meeting
draft Draft
MOVER:Carol Jean Doyle, Council Member
SECONDER:Alberto G. Santos, Mayor
AYES:Carol Jean Doyle, Michael Landy, Susan McCurrie, Eileen Eckel, Albino Cardoso, Marytrine DeCastro, Peter Santana, Alberto G. Santos
ABSENT:Richard Konopka