HomeMy Public PortalAboutr 11-044No. y — g
Date of
AUTHORIZING THE PUBLIC SALE OF CERTAIN
REAL PROPERTY OF THE BOROUGH OF CARTERET
PURSUANT TO N.J.S.A. 40A:12 -13(a)
WHEREAS, pursuant to N.J.S.A. 40A:12 -13 et seq., any municipality may sell any real
property, capital improvement or personal property, or interest therein, not needed for
public use in accordance with the provisions of, and in compliance with one of the
methods of sale authorized by, said statute.
WHEREAS, the Borough wishes to sell certain real property by open public sale at
auction pursuant to the provisions of N.J.S.A. 40A: 12- 13(a).
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough
of Carteret as follows:
1. Determination of Sale. The Mayor and Council of the Borough of Carteret has
reviewed the status of certain real property owned by the Borough and does by this
Resolution determine that such real properly as described in this Resolution is not needed
for public use and that the best interests of the Borough will be served by the sale of said
property.
2. Property to Be Sold. The real property described in the attached Schedule A, entitled
"Property to Be Sold ", shall be sold by the Borough in accordance with the terms of this
Resolution and, further, shall not be sold for less than the minimum price set forth on said
schedule.
3. Manner of Sale. The aforesaid property shall be sold by open public sale at auction to
the highest bidder after advertisement thereof in a newspaper circulating in the
municipality, by two (2) insertions once a week for two consecutive weeks, the last
publication to be not earlier than seven (7) days prior to such sale. Tire real property shall
not be sold for less than the minhnum set for said real property. The auction for said sale
at which bids will be received orally and publicly shall take place on September 15, 2011
at 10 a.m. at the Borough of Carteret War Memorial Municipal Building, 61 Cooke
Avenue, Carteret, New Jersey 07005. This sale may be adjourned at the time advertised
for not more than (1) week without re- advertising.
4. Conditions of Sale. The aforesaid property shall be sold by the Borough of Carteret
subject to the following conditions:
A. The Mayor and Council reserve the right to reject the highest bid at the time the
bids are received and further shall have the right to reserve decision on the highest bid
and either accept or reject the highest bid no later than at the second regular meeting of
the Mayor and Council following Tile receipt of bids. The Mayor and Council further
reserve the right to reject all bids where the highest bid is not accepted. Notice of such
reservation shall be included in the advertisement of the notice of sale and notice of
thereof shall be given at the time of sale. If the Borough shall fail to accept the highest
bid within fourteen (14) days from the receipt of bids, failure to act shall be deemed a
rejection of all bids.
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B. Upon acceptance of the highest bid, whether it be on September 15, 2011, or at
such later date as the Mayor and Council shall act, the successful bidder shall
inmrediately deliver the Borough Treasurer a certified or batik cashier's check or cash in
the sum of not less than ten percent (10 %) of the accepted bid. If the successful bidder
fails to make this payment, the Mayor and Council may accept the next highest bidder or
reject all bids.
C. The closing of title shall occur at the offices of the Borough of Carteret, 61 Cooke
Avenue, Carteret, New Jersey, on October 31, 2011 at 2 p.m., or at such thne and place as
agreed to by the Borough, at which time the Borough of Carteret will present a Bargain
and Sale Deed (without covenant against grantor acts), in exchange for which the
successful bidder shall pay the balance due on the accepted bid price, less credit for
deposit previously made. Payment shall be made by the successfid bidder by certified or
bank cashier's check or cash. Failure to close title in this manner, shall constitute to a
default by the successful bidder and shall effect a forfeiture of the deposit previously
made.
D. Tire said land and premises are to be sold subject to all municipal, state and
federal ordinances, laws, statutes and regulations affecting the use thereof and subject to
such state of facts as an accurate survey of said lands and premises would disclose and
further subject to such covenants, easements, conditions appearing in prior title deed and
instruments now of record or assessments affecting the said lands and premises, hr the
event title to the premises or any part thereof shall prove to be defective or unmarketable,
and the Borough of Carteret is unable to remove said defect or unmarketable condition on
title within a reasonable time period, then this sale shall be null and void and the only
liability of the Borough of Carteret shall be to return to tine purchaser any and all deposits
of monies received on account of the purchase price.
Adopted this 17 °i day of February, 2011
and certified as a true copy of the
original on February 13, 2011.
KATHLEEN M. BARNEY, INIINIC —
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
NV
A.B.
COUNCILMAN
YES
NY
A.B.
BELLING
X
KRUM
X
_ CO _
DIAZ
X
NAPLES
X
DIMIASCIO
X
SITARZ
X - Indicate Vote AB- Absent NV - Not Voting XOR-
Indicates Vote to Overrule Win
Adopted at a meeting of the Municipal Council
F 17 2011
C1.ERI.
0
SCHEDULE "A"
Land Sale Properties
Block Lot
1. 270 15
2. 252 1.01 & 1.02 (formerly lot 1)
3. 251 2.01 & 2.02 (formerly lot 2)
4. 244 25
5. 245 6