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No. 07-301
Dale of
RESOLUTION OF THE BOROUGH OF CARTERET
AUTHORIZING THE CARTERET PLANNING BOARD TO
CONDUCT A PRELIMINARY INVESTIGATION AND MAKE A
RECOMMENDATION AS TO WHETHER THE PROPOSED
HINDER MORGAN IMPROVEMENT AREA IS AN AREA IN
NEED OF REDEVELOPMENT PURUSUNT TO THE LOCAL
REDEVELOPMENT AND HOUSING LAW, N.J.S.A. 40A:12A -1 ET
SEQ.
WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A -1 et
seq., as amended and supplemented (tire "Redevelopment Law") provides a process for
municipalities to participate in the redevelopment and improvement of areas in need of
redevelopment; and
WHEREAS, KINDER MORGAN LIQUIDS TERMINALS LLC, a limited
liability company of the State of New Jersey, with offices at I Tenninal Road, Carteret,
New Jersey 07008, and its successors and assigns (the "Company ") is the fee title owner
of the following tracts or parcels of real property located within the Borough and
designated on the Official Tax Map of the Borough as: Block 8, Lot 3; Block 9.01, Lots
1, 2, 3, 4, 4.02; Block 9.03, Lots 5.01, 6.02, 7, 8.01, 8.02, 9, 10, 13.01 14.01, 14.02,
17.01, 17.02, 17.03, 17.04, 17.05, 18.02, 18.03, 19.01, 20.01, 23.01, 23.02, 23.03, 23.04;
Block 9.4, Lots 13, 14; Block 9.6, Lot 7; Block 10, Lots 1.01, 1.02, 2, 3.01, 3.03, 4, 5, 6,
7, 22, 25; Block 11.1, Lots 3, 4, 5, 21, 62; Block 140, Lot 16 (the "Company Property ");
and
WHEREAS, the Company and the Borough entered into a Settlement Agreement
dated as of March 31, 2007, wherein, among other things, they resolved a number of
disputes and agreed to consider procedures for the potential redevelopment of a portion
of the Company Property as described below; and
WHEREAS, pursuant to the Settlement Agreement, the Company desires to have
the option to expand its facilities by constructing certain improvements, or combination
of improvements, consisting of ten (10) above ground storage tanks with a combined
capacity of up to 1,000,000 barrels, additional rail sidings, and related improvements; and
a bio- diesel facility and related storage tanks upon a certain portion of the Company
Property, particularly Block 9.03, Lots 3.03, 14.02, 17.04, 18.02 and 18.03 (the
"Improvement Area "); and
WHEREAS, pursuant to the Redevelopment Law, particularly N.J.S A.
40A:12A -6, no area of a municipality shall be determined a redevelopment area unless
the governing body of the municipality shall, by resolution, authorize the planning board
to undertake a preliminary investigation to determine whether the proposed area is a
redevelopment area in accordance with N.J.S.A. 40A:12A -5; and
NO. W -301
PACE 2 of 2
WHEREAS, the Borough wishes to assign the conduct of the preliminary
Investigation and hearing(s) to the Carteret Planning Board (the "Planning Board ")
pursuant to the provisions of the Redevelopment Law.
NOW, THEREFORE, BE IT RESOLVED as follows:
Section 1. The Planning Board is hereby authorized and directed to initiate
and undertake a preliminary investigation and bearing(s) to determine whether the
Improvement Area is a redevelopment area in accordance with the Redevelopment Law.
Section 2. The Planning Board is hereby authorized to utilize the services of
Beacon Planning and Consulting Services, LLC, as previously authorized, to assist the
Planning Board with the preliminary investigation and hearing(s).
Section 3. The Planning Board, upon completion of the preliminary
investigation and hearing(s), shall make a recommendation to the Mayor and Council in
accordance with the Redevelopment Law, particularly N.J.S.A. 40A:12A•6(b), as to
whether the Improvement Area is an area in need of redevelopment in accordance with
the Redevelopment Law.
Section 4. The Borough Clerk is hereby authorized and directed to forward
this Resolution to the Planning Board for action consistent herewith.
Section 5. This resolution shall take effect at the time and in the manner
prescribed by law.
Section 6. Upon the adoption hereof, the Borough Clerk shall forward
certified copies of this resolution to Matthew C. Karrenberg, Esq., DeCotiis, Fitzpatrick,
Cole & Wisler, LLP, Special Redevelopment Counsel to the Borough.
Adopted this 6th day of December, 2007
and certified as a true copy of the
original on December 7, 2007.
KATHLEEN M. BARNEY, WIC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
1'ES
NO
NV
A.B.
COUNCILMAN
YES
NO
N
A.B.
X
NAPLES
X
DTAZ
X
RTOS
X
KRUM
X
X - Indicate Vole An - Ah,enl NV - Not Voting
XOR - Indicates Vole to Overrule Veto
Adopted at a meeting of the Municipal Council
Dg ember 6, 2007
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