Town of Kearny
New Jersey

Resolution
(R)-2018-366

(*) Resolution Authorizing Permission to Encroach Upon Town Right of Way at 326 Highland Avenue,
Block 55, Lot 3.01, for the Purpose of Replacing a Retaining Wall.

Information

Department:Construction Code EnforcementSponsors:Council Member Carol Jean Doyle
Category:EncroachmentsFunctions:None

Body

WHEREAS, Lorena Lugo of JAG Paving Corp., 220 Kearny Avenue, Kearny, N.J. 07032 has requested permission of the Mayor and Council to encroach upon the Town right of way at 326 Highland Avenue, Block 55, Lot 3.01, in the Town of Kearny for the purpose of replacing a retaining wall; 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.              The aforesaid recitals are incorporated herein as though fully set forth at length.

2.              A right and license be and is hereby granted to the said Lorena Lugo of JAG Paving Corp., 220 Kearny Avenue, Kearny, N.J. 07032, to encroach upon the Town right of way at 326 Highland Avenue, Block 55, Lot 3.01, in the Town of Kearny for the purpose of replacing a retaining wall, subject, however, to the following conditions:

              a)              The sidewalk must be replaced within seven (7) working days.

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

C)              In the event the said sidewalk is not replaced within seven (7) working days, after written notice advising the owner to restore the public right of way to its former condition is served upon the owner, the Town may repair the sidewalk and charge the costs to the owner; and

d)              The said owner shall comply with all other applicable laws, ordinances and regulations of the State and the Town of Kearny in connection therewith.

3.              The Mayor and Town Clerk be and are hereby authorized to execute any and all documents and to take any and all actions necessary to complete and realize the intent and purpose of this Resolution.

4.              Said right and license shall be conditioned on said owner's written agreement 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 owner's use of the property.

5.              This Resolution shall take effect immediately.

Discussion