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HomeMy Public PortalAboutOrd. 15-27No. L5-27 -of thk Pvra fj of Caurterd , Councilman Free c Jte following Ordinance Scco - z Jed by Councilman AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF CERTAIN REAL PROPERTY WITHIN 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 parcels of real property identified on Schedule "A" hereto attached, for public parking, right of way improvements /upgrades, stormwater management and/or such other public purposes as are authorized by law. WHEREAS, fire Governing Body has determined that said use is for a public purpose and will promote the general health and welfare of the comillu City; and WHEREAS, Section 40A:12- 5(a)(1) of the Local Lands and Buildings Law, N.J.S.A. 40A:12 -1 e/ serf. ( "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. 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. The 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 condermration action, as necessary. NO. 15-27 PAOS 2 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, fan n, or document necessary or appropriate to acquire said property, and/or respective interest therein, by any of the methods set forth in Section 1 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 tine remaining parts of this Ordinance. SECTION 6. This Ordinance shall take effect in accordance with applicable law. aia RECORD Or COUNCIL VOTE COUNCILMAN YTS NO NV A.B. COUNCILMAN YES NO NV A.B. R[ILII�D IQtII`f D 1011 ES D 0 i i X - Indicate Vote AB - Absent NV Not Voting XOR - Indicates Vote to Om le Vcto Adopted on first reading of the Council of the Borough of Carteret, N.:., an INI'81araY�r S 111 Adopted on second readingafterhearing on December 3 2015�� ! APPROV D qY I ! oN 12-14 Schedule "A" Block 6501 Lot 8 Block 7309 Lot 7 Block 7309 Lot 8 Block 6703 Lot 11 Block 3104 Lot 27 Block 301 Lot 5 AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Star Ledger, a newspaper which is printed in Newark, New Jersey and published in Essex County, of general circulation in said county and state. One (1) time(s) once in each issue as follows: November 11, 2015 N otary Public of New Jersey Kathleen M. Barney, MC, Municipal Clerk VV Sworn and Subscribed before Me this �' day of A LINDA A. RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2, 2316 AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Star Ledger, a newspaper which is printed in Newark, New Jersey and published in Essex County, of general circulation in said county and state. One (1) time(s) once in each issue as follows: December 10, 2015 Notary Public of New Jersey Kathleen M. Barney, M Municipal Clerk Sworn and Subscribed before Me thisk� . day of LINDAA. RIVERA NOTARY PUBLIC 0 T NEW JEFs - MY COMMISSION EXPIRES MAY 1, �,�� a L N N N r-A� w W X U W E W U) N � W W LL Z LL OZ F 0 FQ- U U) L m L N L C O ® m Y o � w J rri v> U v U m E 3 N T � N a � � L c N N In N L 0 Q N C a J N Y MM N O 3 >, m >: a 0 0 m N a N U N Y U Y L 3 0 O c N a N 3 C C 0 a c m U m d c U c O N m N T J � N U U N J VI 0 N a N U� N n° N N U a Y c @ N � w O � a � ti W 7 K ti z C V r 0 Q N C a J N Y MM N O 3 >, m >: a 0 0 m N a N U N Y U Y L 3 0 O c N a N 3 C C 0 a c m U m d c U c O N m N T J � N U U N J VI 0 N a N U� N n° N N U a Y c @ N � w O � a � ti W 7 K ti z