Explanation
1. BACKGROUND
During the plan development phase of the Parsons/Livingston Improvement Project it was discovered a number of stone, block or railroad tie retaining walls within the project corridor encroach into the public rights-of-way. To secure Federal/State funding encroachments into public rights-of-way must be removed or must be specifically permitted by the local public agency ("LPA") prior to the LPA certifying all necessary right-of-way is acquired and available for use as a part of any Federal/State funded project. The following legislation authorizes the Director of the Department of Public Service to execute any documents necessary to grant easements for existing retaining walls within the project corridor that encroach into the public rights-of-way as required prior to certification that all right-of-way is clear and available for construction of the Parsons/Livingston Avenue Roadway Improvements Project, a Federal/State funded project.
2. Emergency Justification
The City must be in a position to certify all necessary right-of-way is acquired and available for use as a part of this project on or before November 15, 2009. Emergency action is requested to allow for document preparation, execution and recording prior to this date.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary for the City to grant encroachment easements for existing retaining walls within those public rights-of-way needed for the Parsons/Livingston Avenue Roadway Improvements Project and to declare an emergency.
Body
WHEREAS, during the plan development phase of the Parsons/Livingston Avenue Roadway Improvements Project a number of stone, block or railroad tie retaining walls within the project corridor encroach into the public rights-of-way; and
WHEREAS, to secure Federal/State funding all encroachments into public rights-of-way must be removed or must be specifically permitted by the loc...
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