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HomeMy Public PortalAboutOrd. 14-12OrMnartce No. 1 4 -1 2 of f4 Pnrvg4 of Carteret, �a Councilman Presents the following Ordinance Seconded by Councilman AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF CERTAIN REAL PROPERTY WIT THE BOROUGH OF CARTERET WHEREAS, the Mayor and Council of the Borough of Carteret ( "Borough ") has determined that a need exists to acquire fee interest in the following identified parcels of real property, and an easement interest in the following identified parcels of real property, for public parking, stormwater management pump station and/or such other public purposes as are authorized by law: BLOCK/LOTS (Fee Interest -all or a portion thereof) Block 301; Lot 4 Block 302; Lot 6 Block 6411; Lot 7 BLOCK/LOTS (Easement Interest) Block 5801; Lot 9 Block 6411; Lot 8 Block 403; Lot 2 Block 6209; Lot 7, Lot 8, Lot 16, Lot 17 & Lot 18 WHEREAS, the Governing Body has determined that said use is for a public purpose and will promote the general health and welfare of the community; and WHEREAS, Section 40A:12- 5(a)(1) of the Local Lands and Buildings Law, N.7.S.A. 40A:12 -1 et seq. (`LLBL "), empowers municipalities to acquire real property, or an interest therein, by direct negotiation leading to the purchase of said property or interest therein, or by condemnation should that be necessary, however, in the case of a municipality, such acquisition must be authorized by duly adopted ordinance. NOW THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Borough of Carteret, as follows: SECTION 1. The fee acquisition of any and all of the aforementioned "Feel Interest' parcels of real property, and an easement interest in any and all of the aforementioned "Easement Interest' parcels, within the Borough of Carteret by any of the following methods, (i) consummation of a purchase and sale contact which is the product of direct negotiations with the owners of such property, (ii) by a gift, grant, or contribution by any owner of such property, or (iii) by condemnation of any such property and/or respective interest therein that is carried out pursuant to the Eminent Domain Act is hereby authorized and directed for the purposes provided for herein, and for such other municipal purposes as may be authorized by law. PAGE 2 SECTION 2. The Borough Attorney, and/or other special legal counsel, are hereby authorized and directed to perform or carry out or cause to be performed or carried out, any studies, surveys, tests, soundings, borings, appraisals, title searches and title report reviews as reasonably necessary to determine the value of the property, the location and quality of the property and any environmental matters associated with any of the properties and to undertake any action necessary or appropriate to acquire the aforementioned real properties. SECTION 3. Tire Borough Attorney, and/or other special legal counsel, are hereby authorized to negotiate with the property's owner, and the Borough Attorney, and/or other special legal counsel, are authorized to file and pursue any condemnation action, as necessary. SECTION 4. The Mayor and Borough Clerk and such other officers as may be necessary are hereby authorized to undertake any actions and execute and deliver any paper, form, or document necessary or appropriate to acquire said property, and/or respective interest therein, by any of the methods set forth in Section I of this ordinance. SECTION 5. If any part of this Ordinance shall be deemed invalid, such part shall be severed and the invalidity thereby shall not affect the remaining parts of this Ordinance. SECTION 6. This Ordinance shall take effect in accordance with applicable law. RECORD OF COUNCIL VOTE COUNCILMAN YES NO W A.B. COUNCILMAN YES NO NV A.B. BEI.I.IIVJ 1RLM X X DIAISM SrPRZ l X Indicate Vote AB Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto ii i Adopted on first reading of the Council of the Borough of Carteret, NJ., on Adopted on second reading after hearing on June 5 2014 Mgy 1 5 , 201A _- e APPROVE() e / ®� `/ MAYOR ON 6 S' _. MUNICI ALC ER AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One 1 time(s), once in each issue as follows: May, 20, 2014 e Notary Public of New Jersey LINDA A. RIVERA NOTARY PUBLIC OF NEW JERSEY sworn MY COIVIplSSI�ON P RES MAY 2 201 me this S -, day of '0 / e-, Kathleen M. Barney, MMC U � Municipal Clerk BOROUGH OFCARTERET PUBLISH: TuestlBy, May 20 2014 ($13,00) The Home Og g623bune 8030WHO'CARTERET RDINANCE 814 -12 ONCE TO AUTHORIZE THE WITHIN THE R BOROUGH OF t Crdinance as if ,.duced at m BEC'Md meeting of 5 0 0 P on PUBLISH: Tuesday, May 20 2014 - - The H.. N. r'bune ($13.001 085623 AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One (1) time(s), once in each issue as follows: June 10, 2014 BOROUGH OF CARTERET J. REIMAN MMC a Notary Public of New Jersey Kathleen M. Barney, 1)�1IC LINDA A. RIVERA Municipal Clerk NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2, 2016 Sworn and subscribed before me this i day of 4,, - z_ Lt- BOROWH Or' CARTERET 2 i1ZE TfiE i REAL HE ET MMC 091987