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
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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, �,��
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