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HomeMy Public PortalAboutOrd. 22-01Mr lnanU No. #22 -1 of 14j� �UrVUg4 of Tarterd, J� Councilman Presents the following Ordinance Seconded by Councilman ORDINANCE AUTHORIZING ACQUISITION OF CERTAIN REAL PROPERTY WITHIN THE BOROUGH OF CARTERET FOR PUBLIC PURPOSES WHEREAS, the Mayor and Council of the Borough of Carteret (the "Borough ") has determined that a need exists to acquire the following real property (or portions thereof) in the Borough, to effectuate roadway widening, street extension, public access, and such other public purposes as are authorized by law: Block 402, Lot 11 (78 Romanowski Street) Block 402, Lot 12 (Romanowski Street) WHEREAS, the Borough has determined that said uses are public purposes and will promote the general health and welfare of the community; and WHEREAS, pursuant to N.J.S.A. 40A:12- 5(a)(1) of the Local Land and Buildings Law, N.J.S.A. 40A:12 -1 et seq., the Borough may provide for the acquisition of any real property, capital improvement, or personal property by purchase, gift, devise, lease, exchange, condemnation or installment purchase agreement, NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE BOROUGH OF CARTERET, THAT: Section 1. The aforementioned Recitals are incorporated herein as though set forth at length. Section 2. The Borough is hereby authorized to acquire fee simple, permanent easement or temporary constructions easement interests, as applicable, in the following properties (or portions thereof, as applicable): Block 402, Lot 11 (78 Romanowski Street) Block 402, Lot 12 (Romanowski Street) Section 3. The property acquisitions authorized herein may be achieved by any of the following methods: (i) consummation of a purchase and sale contract by negotiations with the property owners, (ii) by a gift, grant, or contribution by the property owners, or (iii) by condemnation of any such property, pursuant to the Eminent Domain Act (N.J.S.A. 20:3-1 etseq.). Section 4. The Borough's Director of Law, 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 may be necessary to determine the value of any of the properties, the location and quality of any of the properties and any environmental matters associated with any of the properties and to undertake any action necessary or appropriate to acquire the aforementioned properties. Any such actions taken prior to the date hereof are hereby ratified. NO. #22 -1 PAGE 2 Section 5. 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, instrument or document necessary or appropriate to acquire said parcels by any of the methods set forth herein, including such documents relating to an action in condemnation. Section 6. The ordinance shall take effect upon publication and final passage according to law. M RECORD Or COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. BELLINO X JOHAL X DIAZ X DIMASCIO X NAPLES X X- Indhnte 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 January 31, 2022 Febr y 101 2022 Adopted on second read! PA'a. caring on APPROVED BY MAYOR (7180 r�.ii °.1i�i2 ;+- �6(k.11j�1 ✓'Y Ib tti"��1 rl� �- MUNICIP�r CLr 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: February 3, 2022 Notary Pilblic of New Jersey DANA ARCHEVAL NOTARY PUBLIC OF NEW JERSEY My G mmission Expires Jan. 12, 2027 Sworn and subscribed before me this 5 day of r i Carmela Pogorz/elsklz_ VNIC (' 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: February 15, 2022 Caremela Po orze ki, 1iMC Municipal Clerk Notafry'Public of New Jersey DANA ARCHEVAL NOTARY PUBLIC OF NEW JERSEY My Commission Expires Jan. 12, 2027 Sworn and subscribed before me this � day of , , 1��