HomeMy Public PortalAboutOrd. 23-04Orbinaurle
No. #23-4 of toe
�3orog4 of aarteret,
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, in connection with the redevelopment thereof, to facilitate parking
necessary for public uses in the area, and such other public purposes as are authorized by
law:
See Exhibit A
WHEREAS, the Borough has determined that said uses are public purposes and will
promote the general health and welfare of the comomnity; 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. and Section 40A:12A-8(b) and 8(c) of the Local
Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., each empower
municipalities to acquire real property by direct negotiation leading to the purchase of
said property, or by condemnation should that be necessary.
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):
See Exhibit A
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'enviromnental 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. #23-4
PACE 2 of 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.
BELOW THIS LINE
RECORD OR COUNCIL VOTE
COUNCILMAN
A.B.rCOUNCILMN
YES
NO
NV
A.B.
BELLINO
X
DIAZ
tNO
X
DIh1ASCIO
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
Adopted on second reading after hearing on March 23, 2023
February 23, 2023
APPROVE ^�=
ON
A r�J/
v
MUNICIP L CI ERK
Exhibit A
Property to be Acquired
Block
Lot
Address
5805
17
321 Pershing Avenue
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 28, 2023
f f3
Notary P lic of New Jersey
iviumcipai uierK
ORDINANCE 023A
AN ORDINANCE AUTHORIZING ACQUISITION OF REAL PROPERTY
TER
WITHIN THE BOROUGH OF CARET FOR PUBLIC PURPOSES
This Ordinance authorizes acquliitiori of Block 5805, Lot 17 for pub-
lic lcommu that will promote the general health and welfare of
the community. g
The
In
Councilrof the Boroughnof Carteret heidcF bruary 2382023 whenhit
maiulde'edeon Seco dRRe del 9 foThe
Final gdoptlon at rdinance elhe meeting of
said Councll of the Borough of Carteret on March t 2023 In ap-
ENNIFER K. OTERO proximately 6:00 p.m., Memorial Municipal Building, Councll Cham-
NOtaryFubl�•8laleOtNewJersey Inee a111Cooke Avenue, Carteret, New Jersey at whkh time and
Commission tl 5018.8983 heard, persons Interested will be gWan an opportunity to be
1QMy Comm. Ex Tres Mar. 31 2027
Carmela Pogorzelskl, ftMC
rsy�l, 1pal Clerk
Sworn and subscribed before 66)1
me this ,' - day of
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:
March 31, 2023
(n, L z�
Nota ublic of New Jersey
Sworn and subscribed before
me this �) I S4` day of H AAP Q'- V\ % a O a3
"ewOs�aT`O` MARGARET M. RUSSO
O I41
on�° NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES4/412025
I
Carniela Pogor'z'ei ki, Q
Municipal Clerk