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Home My Public Portal Aboutr 19-129*�Resoluttou of t4le jgoxog4 of Tar erd, �q- I No #19 -129 Date of Adoptio 1, 201 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 property 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, attached hereto and made a part hereof and 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. The real property shall not be sold for less than the minimum set for said real property. The auction for said sale at which bids will be received orally and publicly shall take place at a date and time to be determined by the Borough's Law Director, at the Borough of Carteret War Memorial Municipal Building, 61 Cooke Avenue, Carteret, New Jersey 07008. 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 the 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. B. Upon acceptance of the highest bid, whether it be on the date of public auction, or at such later date as the Mayor and Council shall act, the successful bidder shall immediately deliver the Borough Treasurer a certified or bank 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. No. #19 -129 PAGE 2 C. The closing of title shall occur at the offices of the Borough of Carteret, 61 Cooke Avenue, Carteret, New Jersey, at a date and time to be determined by the Borough's Law Director, or at such time 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 successful bidder by certified or bank cashier's check or cash. Failure to close title in this mariner, shall constitute to a default by the successful bidder and shall effect a forfeiture of the deposit previously made. D. The 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. In 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 the purchaser any and all deposits of monies received on account of the purchase price. Adopted this 0 day of August, 2019 and certified as a true copy of the original on KATI-ILEEN M. BARNEY, MMC Municipal Clerk CARMELA POGORZELSKI Acting Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN NV A.B. BELLING X JOHAL DIAZ X K2UM IYESNO DIMASCIO X NAPLES X - Indicate Vote AB - Absent NV - Not Voting XOR- Indicates Vote to Overrule Veto Adopted at a meeting of the Municipal Council A ugust 1, 2019 CLERK SCHEDULE "A" Land Sale Properties BLOCK LOT ADDRESS ZONE SIZE MIN. CONDITIONS BID Property is being sold for the purpose of the construction of a single family dwelling thereon. Buyer shall be solely responsible to secure all zoning and building approvals which may be required and/or desired for this 1 5201 11 Tenn son Sheet R -50 25' x 107' $50,000 construction. Property is being sold for the purpose of the construction of a single family dwelling thereon. Buyer shall be solely responsible to secure all zoning and building approvals which may be required and/or desired for this 2 7604 15 Salem Avenue R -25 25'x100' $50,000 construction. Property is being sold for the purpose of the construction of a single family dwelling thereon. Buyer shall be solely responsible to secure all zoning and 38.91'x100' building approvals which may be required and/or desired for this (irregular) 3 5802 10 Harris Street R -25 $75,000 construction. 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: December 2, 2020 Notary' public of New Jersey DANA C. ARCHEVAL NOTARY PUBLIC OF NEW JERSEY My Commisslon ExPlres 1/12/2022 Sworn and subscribed before me this JW day of Acting Municipal Clerk 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: December 9, 2020 � r Carmela Pdgdrzelgki Acting Municipal Clerk ' 1W, 1 ��/ Notary Public of New Jersey DANA C. ARCHEVAL NOTARY PUBLIC OF NEW JERSEY My Commission EXPIMS 1/12/2022 Sworn and subscribed before me this 0 day of bwemher