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HomeMy Public PortalAboutOrd. 23-08No123-8 of t4r Pvxnag4 of Turfexef, Councilman Presents the following Ordinance Seconded by Councilman ORDINANCE AUTHORIZING ACQUISITION OF CERTAIN REAL PROPERTY WITHIN THE BOROUGH OF CARTE RE, 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 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 community; and WHEREAS, 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. empowers 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 CARTE BET, 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 condemmation of any such property, pursuant to the Eminent Domain Act (N.J.S.A. 20:3-1 et seq.). 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 enviromirental 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. #23-8 PAGE 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. syvax�ancwv RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. BELLING X JOIIAL X DIAZ X KRUM X DIMASCIO X NAPLES X 4t — X- Indicate Vote AB - Absent NV - Not Voting XOR- Indicates Vote to Overrule Vclo Adopted on first reading of the Council Adoptedonsecondrrarings e o t e Borough of Carteret, N.J., on March 23, 2023 Aril 13 2023 APPROV'EP B�YY/ ON—LL% F ,I r IAYoai MIINI(IIPA CL .RK Exhibit A Property to be Acquired Block Lot Address 6501 11 188 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: April 3, 2023 J-k4ci Notary P lie of New Jersey JEN—NI FE=New Not�y f ubik •ComRI SS M Comm. Ex Sworn and subscribed before me this 1 day of Carmela Pogorzelski C C� Municipal Clerk ORDINANCE N23-e AN ORDINANCE AUTHORIZING gfQUI51TION OF REAL PROPERTY WITHIN T E BOROUGH OF URTER ET FOR PUBLIC PURPOSES tThis Ordinance authorizes acqukltion of Block 6501, Lot 11 for pub- hePommunityat will promote the general health and welfare of The foreggoing Ordinance was Introduced at a meeting of tha Cwas ots' o(f the Borou h of Carteret held March 23, 2023 when It comide�adeon Seca�d Readling� for Fln.1 Ado" to at11, b efurt of Bald Councll of the Borouggh o{ Cartraneret on April 13 2023 at approx- Int BoroughP webslt0, te' . arteretlnetf at Whichltima all persons Interacted will be given an opportunity to be heard. Cannata Po orzelskl, RMC ($16.38) MunlclpaI 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: April 18, 2023 Municipal Clerk Notary P/iyblic of New Jersey Sworn and subscribed before me this ` day of ` h