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AN ORDINANCE AUTHORIZING THE PRIVATE SALE OF
BLOCK 272, LOT 12 ON THE TAX MAP OF THE BOROUGH OF
CARTERET PURSUANT TO N.J.S.A. 40A: 12-21(k)
WHEREAS, pursuant to N.J.S.A. 40A:12-21, whenever any municipality
determines that all or any part of a tract of land, with or ~vithout improvements,
owned by said municipality, is not needed for municipal purposes, the governing
body of said municipality may authorize the private sale and conveyance of the
same, or any part thereof, to certain designated organizations or associations without
compliance with any other law governing disposal of lands bsf municipalities; and
WHEREAS, pursuant to the aforementioned Statute, said private sale and
conveyance may be for a consideration ~vhich may be nominal and contain a
limitation that such lands or buildings located thereon shall be used only for the
purposes of such organization or association, and to render such services or to
provide such facilities as may be agreed upon, and not for commercial business,
trade or manufacture; and
WHEREAS, said sale and conveyance may provide that if said lands or buildings
arc not used in accordance with the above-described limitation, title thereto shall
revert to the municipality without any entry or reentry made thereon on behalf of
such municipality; and
WHEREAS, the Borough of Carteret has determined that a private sale of certain
real property to the Middlesex County Economic Opportunities Corp., a Non-Profit
Corporation, upon nominal consideration pursuant to the limitations and restrictions
so described in N.J.S.A. 40A: 12-21 is appropriate.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the
Borough of Carteret as follows:
Section 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 Ordinance determine that such real property as described in this
Ordinance is not needed for public use and the best interest of the Borough will be
served by the sale of said property.
NO. 01-32 .__ PAGE
Section 2. Property Io Be Sold. The following described real property shall be sold
by the Borough of Carteret in accordance with the terms of this ordinance.
Block Lot Approximate Size Location Price
272 12 25 x 102 46 Roosevelt Ave. $1.00
Section 3. Manner of Sale. The aforesaid property shall be sold at a private sale to
the Middlesex County Economic Opportunities Corp., a Non-Profit Corporation.
This sale may be held at a time and place so designated by the Borough.
Section 4. Conditions of Sale. The aforesaid property shall be sold by the Borough
of Carteret subject to the following conditions:
A. The Middlesex County Economic Opportunities Corp. a Non-
Profit Corporation, designed to help and assist the low-income
community of Middlesex County, shall fully utilize the
-- aforesaid real property for a Head Start facility encompassing
child care, classroom education, and a nutritional and health
component for such facility. Upon closing of title and the
renovation of said property at the sole and exclusive cost of
the Middlesex County Economic Opportunities Corp., the
property will presently house two classrooms, some offices,
storage, and conference rooms.
B. The Middlesex County Economic Opportunities Corp. shall
only utilize the aforesaid real property for the purposes of said
organization, and to render such services and
or to provide such facilities as may be agreed upon
between the parties, and not for commercial business, trade or
manufacture.
C. If the aforesaid real property is not used in accordance with
the above-described Iimitation, title thereto shall revert to the
Borough of Carteret without any entry or reentry made thereon
_ on behalf of the Borough.
D. The said lands and premises are to be sold subject to all
municipal, state and federal ordinances, laws, statutes, and
regulations affecting the use thereof, subject to an accurate
survey of said lands and premises would disclose, and subject
to such state of facts as a complete and accurate title search
NO. 01-52 PAGE
and examination would reveal, further subject to such
covenants, easements, conditions appearing in prior title deeds
and instruments now of record or assessments affecting the
said lands and premises. In the event title to the premises or
any part there of shall prove to be defective or unmarketable,
and the Borough is unable to remove said defect or cloud on
title within a reasonable period of time, than this sale shall be
null and void and the only liability of the Borough of Carteret
shall be to return to the purchaser any and ali deposits or other
monies directly received by the Borough on account of the
purchase price set forth in Section 2 above.
E. Should title to the premises prove defective or unmarketable
the purchaser shall provide for any and all costs incurred by
the Borough of Carteret, including reasonable attorneys fees,
to remove said defect or cloud on title, or this sale shall be null
~- and void and the only liability of the Borough of Carteret shall
be the return to the purchaser any and all deposits or other
monies directly received by the Borough on account of the
purchase price set forth in Section 2 above.
F. The purchaser shall be responsible for all recording fees
incurred by the Borough of Carteret in recording the deed,
~vhich shall be recorded by the Borough Attorney.
Section 5. Effective Date. This Ordinance shall take effect upon its passage and
publication according to law.
DO NOT USE SPACE BELOW THIS LINE
RECORD OF COUNCIL VOTE
C(~U~CILMAN YES NO NV A~B. COUNCILMAN 'YES NO NV A.B7
FA/FKAS x rios x
0111NflNF.q x SANIORO x
RFIMAN × SOHAYDA x
X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto
Adopted on first reading of the Council of the Borough of Carteret, N.J., on DECEMBER
Adopted on sccond reading afte hearingon DI~CP..MBlgR ~O.